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ANX-06-01
INTRODUCED BY COUNCIL MEMBER SC_HULZ Council Bill No. 18-2006 Ordinance No. 1371 Series of 2006 TITLE: AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE UNINCORPORATED TERRITORY KNOWN AS PARCEL 8, ARVADA RIDGE LOCATED IN JEFFERSON COUNTY WHEREAS, pursuant to the laws of the State of Colorado there was presented to the City Council of the City of Wheat Ridge, Colorado, a written petition for annexation to the City of Wheat Ridge that property described in attached Exhibit A, being contiguous unincorporated territory contiguous to the City and lying the County of Jefferson, State of Colorado (the property); and WHEREAS, the Property is further described on the Annexation Map attached hereto as Exhibit B; and WHEREAS, the Petitioner constitutes more than fifty percent (50%) of the owners, and owning more than fifty percent 50% of the Property; and WHEREAS, the City Council has conducted a public hearing following public notice as required by law to determine the eligibility for annexation of the Property; and WHEREAS, the City Council has satisfied itself concerning the eligibility for annexation of the Property, and concerning the conformance of the proposed annexation to the applicable law and the annexation policy of the City; and WHEREAS, the City Council hereby finds that the Property is eligible for annexation to the City and that the proposed annexation conforms with applicable law and the annexation policy of the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The annexation to the City of Wheat Ridge, Colorado, of that Property described in attached Exhibit A, lying in the County of Jefferson, State of Colorado, meets all requirements of law and the annexation policy of the City of Wheat Ridge, and the same is hereby approved and made effective. Section 2. Zoning of the Property shall be accomplished within the time established by C.R.S. 31-12-115 and the procedures established by the Home Rule Charter and Code of Laws of the City of Wheat Ridge. Section 3. Immediately upon completion of the filing required by Section 5 hereof, the annexation shall be effective and the Property shall become subject to the laws of the State of Colorado pertaining to cities and to the Charter and all ordinances, resolutions, rules and regulations of the City of Wheat Ridge. Section 4. One copy of the Annexation Map, together with the original of this Ordinance, shall be filed in the office of the City Clerk. Section 5. The City Clerk shall file for recording three certified copies of this Ordinance and the Annexation Map with the Clerk and Recorder of the County of Jefferson, State of Colorado. Section 6. This Ordinance shall become effective upon adoption on second reading, as permitted by Section 5.11 of the Home Rule Charter. INTRODUCED, TREAD, AND ADOPTED on first reading by a vote of 7 to 0 on this 28Qlay of August 2006, 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 October 9 2006, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 this 9th day of October 2006. SIGNED by the Mayor on this 10th day of October 2006. JE IO, AYOR ATTEST: c at, UL In ~ mela Y. %4 rson, City Clerk AP EA S ZBY C ATTORNEY GERALD DAHL, CITY ATTORNEY I't publication: August 31, 2006 2'd publication: October 12, 2006 Wheat Ridge Transcript Effective Date: October 9, 2006 2 EXHIBIT A LEGAL DESCRIPTION LOT 8, TRACT 3, AND MILLER STREET, AS PLATTED IN ARVADA RIDGE, ACCORDING TO THE PLAT RECORDED AT RECEPTION NO. F2143596, AND ANOTHER PORTION OF MILLER STREET, ALL OF WHICH IS LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 16, AND CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION TO BEAR SOUTH 00°12'10"EAST, WITH ALL BEARINGS CONTAINED HEREIN, RELATIVE THERETO; THENCE SOUTH 44055'39"WEST, 1876.58 FEET TO THE NORTHWEST CORNER OF THE SE ONE-QUARTER OF THE SE ONE- QUARTER OF SAID SECTION 16, BEING ON THE BOUNDARY OF THE RIDGE HOME ANNEXATION AND THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE FOLLOWING TWO COURSES: (1) ALONG THE WEST LINE OF THE NE ONE-QUARTER OF THE SE ONE- QUARTER OF SAID SECTION 16, NORTH 00°12'10"WEST, 1317.66 FEET TO THE SOUTHWEST CORNER OF THE SE ONE-QUARTER OF THE NE ONE-QUARTER OF SAID SECTION 16; (2) THENCE ALONG THE WEST LINE OF SAID SE ONE- QUARTER OF THE NE ONE-QUARTER, NORTH 00°12'52"WEST, 260.14 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN RAILROAD (COLORADO & SOUTHERN), AS DESCRIBED IN COLORADO STATE BOARD OF LAND COMMISSIONERS R.O.W. NO. 1062; THENCE DEPARTING SAID RIDGE HOME ANNEXATION BOUNDARY, ALONG SAID SOUTHERLY RAILROAD RIGHT-OF-WAY LINE, NORTH 74°40'27"EAST, 31.08 FEET TO THE EAST RIGHT-OF-WAY LINE OF MILLER STREET AS PLATTED IN SAID ARVADA RIDGE; THENCE ALONG SAID EAST RIGHT-OF- WAY LINE THE FOLLOWING NINE COURSES: (1) SOUTH 000 12'52"EAST, 148.74 FEET; (2) THENCE ALONG A CURVE TO THE LEFT HAVING A DELTA OF 19°30'44", A RADIUS OF 570.00 FEET AND AN ARC OF 194.12 FEET; (3) THENCE SOUTH 19°43'36"EAST, 105.94 FEET; (4) THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 19°3126", A RADIUS OF 830.00 FEET AND AN ARC OF 282.83 FEET; (5) THENCE SOUTH 00°12'10"EAST, 236.62 FEET; (6) THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 17°39'50", A RADIUS OF 730.00 FEET AND AN ARC OF 225.05 FEET; (7) THENCE SOUTH 17°27'39"WEST, 164.38 FEET; (8) THENCE ALONG A CURVE TO THE LEFT HAVING A. DELTA OF 17°39'56", A RADIUS OF 670.00 FEET AND AN ARC OF 206.58 FEET; (9) THENCE SOUTH 000 12'10"EAST, 51.33 FEET TO THE NORTH LINE OF SAID SE ONE-QUARTER OF THE SE ONE- QUARTER; THENCE CONTINUING ALONG THE EAST RIGHT-OF-WAY LINE OF MILLER STREET, BEING 30.00 FEET EAST OF THE WEST LINE OF SAID SE ONE- QUARTER OF THE SE ONE-QUARTER, SOUTH 00°13'02"EAST, 278.59 FEET TO THE NORTHERLY CORNER OF SAID TRACT 3; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 3, ALONG A CURVE TO THE LEFT HAVING A DELTA OF 105°54'04", A RADIUS OF 50.00 FEET AND AN ARC OF' 92.42 FEET TO THE EASTERLY CORNER OF SAID TRACT 3, LOCATED ON 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 AND THE BOUNDARY OF SAID RIDGE HOME ANNEXATION; THENCE ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE FOLLOWING TWO COURSES: (1) SOUTH 73°52'54"WEST, 97.43 FEET TO THE WEST LINE OF SAID SE ONE- QUARTER OF THE SE ONE-QUARTER; (2) THENCE ALONG SAID WEST LINE OF THE SE ONE-QUARTER OF THE SE ONE-QUARTER, NORTH 00°13'02"WEST, 353.22 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 3.56 ACRES, MORE OR LESS. Y gg9 ~ i g€: ~c~ pp~ ~ @g~a pp@gH ag ~c~E i 4~ S€ Q ~ 98 a p~ i5 z ~WS 0 J ~ O~ W ~ w O VO ~QKO OQ w ! 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Yie4 E6Pg@g@€~; E€edi$~~3 a1c E % ~ i ~EF ?23e 3r__ . 6$C4 $g ~ :=ie3ei pp 4 C6 r r aSm = gd hM~ hde ~cn IN ei ~f 1 • gel ~K 3 d= ana s _ Y ' ~ytM ~ Rg-ae ~ 3s % A MV OW 7> No wy atl • e ~ tl,55 B O iIx ~ f_ J lgl 6 Fl W Q i °a a m 6 ER pro • O an: t 3sZS ZF o i W>po ZW W N~ 4 ! d' W LL U e OC ~FI N2 ~ Pd~ b9' N 9 QQw°~~ s s<' Ma a ~uz=~` C SR ~ Ni tl C oZoQe' ~ XQ~ W O°CYNw a ~y~ 2 WNN~ ^Sa'm W rvi C r~ 0:_.. O J_ V ry m'R' Qyg~y UFOiw.,n e!■`'R rjff ..pAp as ao a;a va~a n a F=Q0 fie ~rws•° p !__S ®a Rll ~ bP i _ DlY l i 'Y ;Ilti ~ iY _ ..~~~i a a!~ IN y € N ~ ~ w ~g o~ ~ i k~~'e J =u of WHEgT ITEM NO: m REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: October 9, 2006 TITLE: COUNCIL BILL 18-2006 - AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE UNINCORPORATED TERRITORY KNOWN AS LOT 8, ARVADA RIDGE, LOCATED IN JEFFERSON COUNTY. (CASE NO. ANX-06-01) ® PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING (August 28, 2006) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi- Z No Community Development Director City Manager EXECUTIVE SUMMARY: Under the Municipal Annexation Act, the annexation of property to a municipality must be accomplished by ordinance. Adoption of the ordinance on second will accomplish the annexation of Lot 8, Arvada Ridge for which an annexation petition was submitted to the City on April 28, 2006. This City Council action is related to Goal 2 of the Strategic Plan of planning for growth and opportunities and Goal 3 for establishing a strong partnership between the City and the community. COMMISSION/BOARD RECOMMENDATION: None. Only City Council acts upon annexation petitions. STATEMENT OF THE ISSUES: Under the Municipal Annexation Act, the City is required to zone the property within 90 days of adoption of the annexation petition. The rezoning request and Outline Development Plan will be acted on immediately after the annexation action so that this requirement will be met. City Council will also decide upon a Final Development Plan and plat with a right-of-way vacation. Planning Commission reviewed and recommended approval of the planning documents (zone change and Outline Development Plan, Final Development Plan and plat) on July 20, 2006. 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 landowners owning more than 50% of the land proposed for annexation. The area is surrounded by urban development and the area is capable of being integrated with the City. The area meets the annexation eligibility requirements established in the Municipal Annexation Act. ALTERNATIVES CONSIDERED: The City Council has two options to consider with the ordinance: 1. Adopt a motion to adopt the ordinance. 2. Adopt a motion to table the ordinance indefinitely. FINANCIAL IMPACT: The annexation of the property will create an immediate responsibility of the City to provide police protection. Given the small size of the property, this should not be a substantial burden. The City will receive property tax revenues generated by the improvements on the property. One-time fees for annexation, zoning and the review of other documents were submitted with the land use process application. RECOMMENDED MOTIONS: "I move to approve Council Bill No. 18-2006, an ordinance annexing to the City of Wheat Ridge unincorporated territory located in Jefferson County and that it take effect immediately upon adoption." OR "I move to deny Council Bill No. 18-2006, an ordinance annexing to the City of Wheat Ridge unincorporated territory located in Jefferson County." Report Prepared by: Meredith Reckert (303-235-2848) Reviewed by: Alan White Attachments: 1. Council Bill No. 18 2. Annexation Map V ITEM NO: REQUEST FOR CITY COUNCIL ACTION 01 COUNCIL MEETING DATE: October 9, 2006 TITLE: RESOLUTION 48-2006 - A RESOLUTION MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO. (CASE NO. ANX-06-01.) ❑ PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (Date: ) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ® RESOLUTIONS Quasi-Judicial: ❑ Yes No Community Development Director EXECUTIVE SUMMARY: City Manager An annexation petition was submitted to the City on April 28, 2006 by owners of certain property situated generally west of Miller Street and north of 50th Avenue, consisting of approximately three and one-half acres, and referred to as Lot 8, Arvada Ridge. The Municipal Annexation Act establishes the procedures for annexation of unincorporated territory by a municipality. The proposed resolution establishes the findings of fact regarding the eligibility of this property for annexation. All of the requirements for annexation under the Municipal Annexation Act have been met. Council adopted a plan for this area on May 22, 2006 as part of the Comprehensive Plan Addendum. Approval of this annexation implements Council's goals of preparing for growth and opportunities and creating a strong partnership between the City and community by following through on the IGA with Arvada. COMMISSION/BOARD RECOMMENDATION: None. Only the Council acts upon annexation petitions. STATEMENT OF THE ISSUES: Coors Brewing Company has submitted an annexation petition along with an Outline Development Plan, Final Development Plan, and Final Plat with a right-of-way vacation. If City Council approves the annexation, under the Municipal Annexation Act, the City is required to zone the property within 90 days. The zoning request and the Outline Development Plan are scheduled to be heard immediately after the annexation and this requirement for zoning will be met. Annexation of the parcel fulfills an obligation the City agreed to in an intergovernmental agreement with the City of Arvada concerning the Arvada Ridge development. The decision to annex a property is a legislative decision of City Council. For this annexation request, the 1/6 contiguity requirement is met. There is a plan in place for the area to be annexed. The petitioners represent more than 50% of the landowners owning more than 56% of the land proposed for annexation. There is a community of interest between the City and the land to be annexed, the area is surrounded by urban development and likely will be urban itself in the near future, and the area is capable of being integrated with the City. The annexation will not extend the boundary of the City more than three miles. The area meets the annexation eligibility requirements established in the Municipal Annexation Act. ALTERNATIVES CONSIDERED: The City Council has two options to consider: 1. Adopt a motion adopting the resolution. 2. Adopt a motion denying the resolution. FINANCIAL IMPACT: The annexation of the property will create an immediate responsibility of the City to provide police protection, thus incurring some financial impact which is not known, although the City currently provides service to the plant and the additional service provision costs should be minimal. There will not be any sales tax generated by the annexed parcel. Property tax revenue will increase slightly as a result of the annexation. The City will receive one-time fees for annexation, zoning, and engineering review. RECOMMENDED MOTION: "I move to adopt Resolution No. 48-2006, making findings of fact regarding the Lot 8, Arvada Ridge annexation." UAAll Files\Projects\Annexations\CAF Findings Resolution Coors.doc Or, "I move to deny adoption of Resolution No. 48-2006." Report Prepared by: Alan White, Community Development Director Reviewed by: Attachments: Resolution No. 48-2006. UAAII Files\Projects\Annexations\CAF Findings Resolution Coors.doc CITY OF WHEAT RIDGE CITY COUNCIL Resolution No. 48 Series of 2006 TITLE: A RESOLUTION MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO. WHEREAS, an annexation petition was filed with the City requesting the annexation of certain unincorporated territory located in the County of Jefferson and State of Colorado, otherwise known as Lot 8, Arvada Ridge (Coors Glass Plant), and hereafter described in Exhibit A which is attached hereto and made part hereof, and WHEREAS, said petition was forwarded to the City Council; and WHEREAS, the City Council of the City of Wheat Ridge, Colorado, found substantial compliance of said petition with C.R.S. Section 313-12-107; and WHEREAS, the City Council of the City of Wheat Ridge, Colorado, conducted a public hearing as required by law to determine the eligibility for annexation of that property described in attached Exhibit A; and WHEREAS, public notice of such public hearing was given as required by law; and WHEREAS, the public hearing on said annexation was conducted in accordance with the requirements of the law; and WHEREAS, pursuant to C.R.S. Section 31-12-110, the City Council, sitting as the governing body of the City of Wheat Ridge, Colorado, is required to set forth its findings of fact and its conclusion as to the eligibility of that property described in attached Exhibit A for annexation to the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. A plan for that area encompassing the property described on attached Exhibit A has been adopted by the City Council pursuant to C.R.S. Section 31-12-105(1)(e). Section 2. Not less than one-sixth of the perimeter of the area proposed to be annexed as described on attached Exhibit A is contiguous with the existing boundaries of the City of Wheat Ridge as required by law. I:\Conidev\REPORTS\Coors Annexation findings ATTACHMENT 1 Resolution No. 48-2006 Page 2 Section 3. A community of interest exists between the area proposed to be annexed as described on attached Exhibit A and the City of Wheat Ridge and that the area will be urbanized in the near future. Section 4. The area proposed to be annexed as described on attached Exhibit A is integrated or capable of being integrated with the City of Wheat Ridge. Section 5. The limitations of the Municipal Annexation Act and the Constitution of the State of Colorado do not prevent the annexation of the subject property of any part thereof since: a. No land in the territory to be annexed which is held in identical ownership and consists of either a single tract or parcel, or two or more contiguous tracts or parcels has been divided or portion thereof excluded from the area to be annexed without the written consent of the owners thereof, b. No land in the territory to be annexed which is held in identical ownership and comprises twenty (20) or more acres, having an assessed valuation for ad valorem tax purposes in excess of $200,000.00 in the year next preceding the annexation, has been included in the area to be annexed without the written consent of the landowners; c. no proceedings have been commenced by another municipality for the annexation of all or part of the territory to be annexed by the City of Wheat Ridge; and d. the annexation will not result in the detachment of the area from the school district in which it is currently located. Section 6. The petition for the annexation of that real estate described on attached Exhibit A meets the requirements of law and is in proper order for annexation for the property proposed to be annexed as described in attached Exhibit A. Section 7. No election is required pursuant to C.R. S. Section 31-12-107(2) or any other law of the State of Colorado or the City of Wheat Ridge. Section 8. The proposed annexation will not have the effect of extending a municipal boundary more than three miles in any direction from any point of the City boundary in any one year. Section 9. The entire width of any street or alley to be annexed is included within the annexation. Section 10. The property described on the attached Exhibit A is eligible for annexation to the City of Wheat Ridge and all requirements of law have been met for such annexation, including the requirements of C.R.S. Section 31-12-104 and 31-12-105, as amended. Section 11. An ordinance annexing that property described on attached Exhibit A to the City of I:\Conidev\REPORTS\Coors Annexation findings res.doc Resolution No. 48-2006 Page 3 Wheat Ridge shall be considered by this City Council pursuant to C.R.S. Section 31-12-111. RESOLVED AND PASSED this day of '12006. ATTEST: Pamela Y. Anderson, City Clerk JERRY DITULLIO, MAYOR I:\Comdev\REPORTS\Coon Annexation findings res.doc j i I I I r alb ~l I~~CG°a~00o f~ f~ilG°ap COORS AN N EXAT ~o~ a~~~~a~uo~ ~o c~u~ ~r~ ~r~c~a~ ~o Q G'~G~5~00~1 Oo G M~~~L~G~ ~~G~C C~~ Q~1D f~0o~ ~ ~~C~Q~C~~ ~M ~aC~ GQ~~ 9/~ ~I~ ~L~C~~~O~l 9c~9 S~OoMn9~I~G~Op ~3 Oo f~ ~~IC~ ~QG~ pG°~OV~~VpQ~ In~C~G~OD]G°~n~a ~JC~f~f~L~G°3~OMn C~Oo x~sr saTM nv~NUe i ~ 4 ■ LEGAL DESCRIPTION LOT 8, TRACT 3, AND MILLER STREET, AS PLATTED IN ARVADA RIDGE, 1 PLAT RECORDED AT RECEPTION N0. F2143596, At~D ANOTHER PORTION t ALL OF WHICH IS LOCATED IN THE EAST HALF OF SECTION 16, TOWNS 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, COLO DESCRIBED AS FOLLOWS: r i' r COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 16, AI EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION TO BEAR S WITH ALL BEARINGS CONTAINED HEREIN, RELATIVE THERETO; THENCE 1876.58 FEET TO THE NORTHWEST CORNER OF THE SE1/4 OF THE SE1 i ns 1 s 16, BEING ON THE BOUNDARY OF THE RIDGE HOME ANNEXE~TION AND -r BEGINNING OF THIS DESCRIPTION; THENCE ALONG SAID RIDGE HOME A THE FOLLOWING TWO COURSES; ~r t ~I _ (1) ALONG THE WEST LINE OF THE NE1/4 OF THE SE1/4 CAF SAID SE 00'12'10"WEST, 1317.66 FEET TO THE SOUTHWEST CORNER OF THE SE1 r SAID SECTION 16; (2) THENCE ALONG THE WEST t_INE OF ~>AID SE1/4 i 00'12'52"WEST, 260.14 FEET TO THE SOUTHERLY RIGHT-OF~-WAY LINE r NORTHERN RAILROAD (COLORADO & SOUTHERN), AS DESCRIBED W CO n~ i e~in rn~~n~iccinniFRC R n w Nn t n~~~ r n' J" V 1/'~✓ i 7 1 1 rwe° ~ we....o.wee.icm....m..e.~ar~o*mwmm.ams. mm~a~.s ~.+.s .wws+rr~ ~.r~~ i- THENCE DEPARTING SAID RIDGE HOME ANNEXATION BOUNDARY, ALONG RAILROAD RIGHT-OF-WAY LINE, NORTM 74'40'27"BAST, 31.()8 FEET TO L RIGHT-OF-WAY LINE OF MILLER STREET AS PLATTED IN SAID ARVADA SAID EAST RIGHT-OF-WAY LINE THE FOLLOWING NINE COURSES: (1) SOUTH 00'1252"EAST, 148.74 FEET; (2) THENCE ALONG A CURVE A DELTA OF 19'30'44", A RADIUS OF 570.00 FEES' AND AN ARC OF 1 THENCE SOUTH 19'43'36"EAST, 105.94 FEET; (~j THENCE ALONG A C HAVING A DELTA OF 19'31'26"> A RADIUS OF 830..00 FEET AND AN A (5) THENCE SOUTH 00'12'10"EAST, 236.62 FEET; (6) THENCE ALONG HAVING A DELTA OF 17'39'50", A RADIUS OF 730.00 FEET AND AN A (7) THENCE SOUTH 17'27'39"WEST, 164.38 FEET; (8) THENCE ALONG HAVING A DELTA OF 17'39'56", A RADIUS OF 67G.00 FEET AND AN A (9) THENCE S6UTH 00'12'10"EAST, 51.33 FEET TO THE NOF2TH LINE O SE1 /4; F i i . ~ THENCE CONTINUING ALONG THE EAST RIGHT-OF-•WAY LINE: OF MILLER J FEET EAST OF THE WEST LINE OF SAID SE1 /4 OF THE SE1 /4, SOUTH i ~l4 a~ FEET TO THE NORTHERLY CORNER OF SAID TRAC'' 3; THENCE ALONG BOUNDARY OF SAID TRACT 3, ALONG A CURVE T~~ THE LEI=T HAVING 105'54'04", A RADIUS OF 50.00 FEET AND AN ARC OF 92.42 FEET T CORNER OF SAID TRACT 3, LOCATED ON THE h~RTHWESTEI~LY LINE O COMPANY EASEMENT, AS DESCRIBED IN COLORADO STATE 130ARD OF BOOK 10, R.O.W. N0. 1049 AND THE BOUNDARY OF SAID RIDGE HOME f 'i .,r I I ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE FOLLOWING TW (1) SOUTH 73'52'54"WEST, 97.43 FEET TO THE WEST LINE OF SAID S (2) THENCE ALONG SAID WEST LINE OF THE SE1/4 OF THE; SE1/4, N 353.22 FEET TO THE POINT OF BEGINNING. ~y . f. .J ~ { e-.' :l _ Y i_. THE ABOVE DESCRIBED PARCEL CONTAINS 3,56 ACRES, MORE OR LES GENERAL NOTES y. r A f) ~i ~ _ 1. THE PERIMETER DISTANCE FOR THE ENURE AR(;A OF ANNEXATION I 2. THE DISTANCE OF THE ANNEXATION BOUNDARY THAT IS CONTIGUOI CITY OF WHEAT RIDGE IS 2,028 FEET. L- s ~ _ Z 3. THE PERCENTAGE OF CONTIGUOUS BOUNDRY PORTION 0~ THE PER ENTIRE AREA TO BE ANNEXED IS 50.1 4. BASIS OF BEARINGS: THE EAST L{NE OF THE ~OUTHEAST QUARTER TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. CONSIDERED 00'12'10"EAST. (CITY OF WHEAT RIDGE DATUM CQNSIDERS 'fHE BEARIN L ' _Y 00'12'29"EAST) r T` l wM~~ e i r- L i :.i. ■ ~ i Co-z-~6 PREPARED PARED BY: TST INC. 9222 TED[ INC. OF DENVER 2 TEDDY LANE ANNEXATION MAP LONE TREE E TREE, CO 80124 PHONE: 3( ENE: 303-792-0557 COORS ANNEXATION I3T IPlC. OF DENVER ',onsuiting Engineers ATTACHA "HMENT 2 SHEET 1 OF 2 Q~~IC~~SQ~O~~ f~lQ~ COORS AN N EXAT ~o~ a~~~~ca~oo~ ~o ~u~r ors ~r~~a~ ~o Q G'~G~~DO~I Ofd MDI~~CI~ ~`~I~C~C~~ QUID ~Oo~ ~ C~~~Q~C~D ~~l S~GC~ C~G°a~~ O~ ~C~~~~Co~~l ~~9 ~'OoM~/n I~~G~~p ~3 SANDRA LYNN SUBDI VISION I~~DCC~ Oo f~ ~G~C~ f~0o 1~~00~9~~1~a ~ I I I 101 i I ~3 Ofd ~C~~ G°~G~~~1C~OpQ~ nNnIC~G°~~~~aMe JC~f~f~~G~~Oo~ C~O ~ Ooh QG~MaDQ G~ODC~C ~ 6~ I I I~j I ~ I~ ~ J I I I~NI ~ v 4 I(~ ~ ~oM~~9 G3a~~~ r----- I I I I I ~ 0--- I~ ~ i i Q I SANDRI4 TERRIi SUBDIU'lSiON i i I I~ ~ UNPLATTED ~ gg i 58 i 57 156 i ~ ~ j~ ~ ~ i i i i i i i i i i i~ I C~OMM~o C~OL~~G~aD~ i i i i a i i 3 i 3 3 ~ 4 i~ ~ 17 ~ 72 ~ 13 ~ 74 I 75 I 16 I 77 I 78 I« I l 1 ~'fli~~~'~` p®~~ ! f~1~1 ~ f' 1 S i 1---1---1--moo i i i ~ , B ~ _ _ - - - D = 03'08'04° ( ~~~f~ nnn~p~nn~/ _ R = 3225.00' BL 00'K 2 ~ ~ ~ ~ ~ ~ ~ 3L OCR 3 ~ ~ ~ ~ -1---~ ---L-- ~ i KIPLING 5000 P!AZA SUBDII/ISIGN , ~ i ~ ~I j I ti ~ ~ KIPLIfe'G Si/00 BL'S,lvE D= OSI52'22" I I I Q 1~ L= ~r /n1 Il l1 1°/ V !n1 ll L = 176.44' (1 R.O.W PER STATE BOARD OF LAND COMMISSION CH = S 75'300 (BOOK 25 R.O.W. 2550, RECEPTION N0. 84075705 AND (S 75'07"4 BOOK 25 R.O.W. 2563, RECEPTION N0. 84089026] f R= 3859.70' I 3-A I 2-A II 7-A ~ I~ t L = 395.20' (395.61') ~ ~ ~ j I ~ \ ~ { y CH = N 02'42'00"E 395.00' I - I ~ i ~ \ ~ ~ _ c - (N 02'41'33"E 395.44')-- --~------L--------~_~ o~ I~ ~f 5 N ~ 1 ~r~igl~$YEL E?pClc nF RFJ,RINrs C nn~1?'t_cl"F BAST LIdE SEi /4 SECTION 16 I~~ ~ I~~ ~ II~~~~ i ~ L ~ ~ ~ ~ s ~ ~ ~ ~ ~ ~ J W ~ O w ~ v+ 1 ~G 1 \ ~ ~ Wrn 1 c~n A Z ~ ~ ~ cam; ~ ,r~ O ~ ~ N1 \ \ ~ Z - ~ ~ ~ `s' \ ~ ~ ~ ~ goo o ioo zoo ~ ~ f a ~ ~ c~ scale 1"=100' feet ~ r LO`~ ~ ~ ~°Ao s~~s AR VADA RIDGE ~l ~ \ r PREPARED: SEPTEMBER 29, 2005 c~ I l /~Lj~~ >6,s ~9,, W ~ ~ ~ ~ ~ ~ Fc~~~ ~ r . \ ~ ~ ~ \ ~ ~ ao ~~c \ ~ ~ ~a lr'G°3aC~~ Q p I~~~~f D UNPLATTED ~ L~LS ~ ~ ~ ~ ( ) =MEASURED BEARING AND/OR DISTANCE ON ~ \ ARVADA RIDGE PLAT ~ D=105'54'04" ?fi R=50.00' f a P iO =CITY OF WHEAT RIDGE 3-1/4" CAP ON PIPE IN ~ MONUMENT BOX MARKED: LS 13212 C7 4 AREA PETITIONED FOR ANNEXATION 1 ~ ~ # !i P ~ s ~ f ~ ~ S C> ~ ~ f ~ .w» i ~ 0 P ~ Q ~ ~ .q.. ~ e % J j r~ i ! / i i r 4 i ~ ! / / / , j ~ % r~ ~ ~ ~ r ~ _ - ~ I ~ % ; ! / % ~ / ~ / l / ~ / j / l ~ l C~ ~ i / ~ ~ / i l ' ~ / , I / f - N NW CORNER OF S 00'12'47" E -WEST LINE SEi/4, NE 1/4 SECTION i6 / r [ / / / Y ~ ( ~ l l 1 f ! i ~ ~ ~ ~ J % l ~ ~ l l ~ ! ~ ~ l ~ r ~ l I % ~ i l i 1 I i ~ f 1 ! l / i ! .r 1 / f ~ f 1 1 ! ~ ~ r 1 1 ~ l I ~ r ! r r ~ l l ! ~ ~ / ~ / l 1 1 ~ ~ ! 1 7~ l ~ i % ~ l i ~ l % i ~1 / I ~ / ' ~ i i i i / l ~l ~ - w/+M~ ~I+r~ 11+ i- SE 1 /4. NE 1 /4 EXISTING ROAD ' jc= ' ~ SECTION 16 UNPL A T TED SE 1/4, NE 1/4 #5 REBOIR W/ 2' SECTION 16 I P T. OF CO( C--OOORS PLANNED INDUSTRIAL DE DEL OPMEN T cl~ ALUMINUM CAP (MONUMENTATION TO BE SET UPON POINT OF BEGINNING MARKED: 27601 COMPLETION OF CONSTRUCTION) F11 h FILING 7 AMENDMENT 2 SUBDIVISION WN CORNER OF SE ~ 1/49 SE 1/4 SECTION 16 3pi 13T INC. OF DEWER 1 'onsuiting Engineers 10/09/2006 16:02 FAX 3032718706 5JEFFERSON-CO-PLAN&ZON'G 121002/002 Board of County Commissioners Jim Congrove District No. 1 J. Kevin McCasky District No. 2 Dave Auburn October 4, 2006 Distdct No. 3 Meredith Reckert, AICP Community Development Department 7500 W. 29th Avenue Wheat Ridge, CO 80033 RE. Coors Glass Plant Annexation Dear Ms. Reckert: Thank you for the opportunity to review the proposed Coors Glass Plant Annexation. After evaluating the submitted documents, county staff generated the following comments: • This property was de-annexed from the City of Arvada in 2005, along with three other tracts. • We are pleased to see Tracts 3 and 5 being annexed into the City of Wheat Ridge and look forward to when Tracts 1, 2, and 4 will also be annexed, so that there are no slivers of unincorporated Jefferson County in this area. • The proposed annexation is more than 1/6th contiguous to the existing municipal boundary. • We found the following special districts within the area proposed to be annexed: Denver Metropolitan Major League Baseball Stadium District, Regional Transportation District, Jefferson County R-1 School District, Arvada Fire District, North Jeffco Park and Recreation District, and Clear Creek Water and Sanitation District. • Compliance with statutory requirements exists for this proposal and the county has no objection to the annexation. If you have any questions feel free to call me at 303-271-8716. Sincerely, Heather Gutherless, AICP Planner III cc: Tim Carl, Development & Transportation Director Janet Bell, Long Range Planning Coordinator 100 Jefferson County Parkway, Golden, Colorado 80419 (303) 279-6511 http:/lleffco.us September 27, 2006 13150 W. 72nd Avunue AnIdg, CO 80005 Ms. Meredith Reckert, AICP 303/1224_2729 Senior Planner City of Wheat Ridge 7500 West 29t" Avenue Wheat Ridge, Colorado 80033 Reference: Proposed Coors Glass Plan Annexation to the City of Wheat Ridge Lot 8, 3.3 Acres Dear Ms. Reckert: The North Jeffco Park and Recreation District has no objections with the request to annex 3.3 acres of the Coors Glass Plant into the City of Wheat Ridge. Lot 8 of the annexation appears to be within the boundaries of North Jeffco Park and Recreation District. For official purposes; however, the owner must verify that the property lies within the District boundaries by completing the enclosed "Tax Status Determination" form and returning it to North Jeffco Park and Recreation District in the enclosed envelope. It further appears that the proposed annexation lies within the boundaries of the City of Arvada. 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, An /ll///r4 Marshall Masek Director of District Services cc: Mike Miles, Executive Director Luann Levine, Executive Assistant '/05/2006 16:21 FAR 3032718706 5JEFFERSON-CO-PLAN&ZON'G 11002/002 Board of County Commissioners Jim Congrove District No. 1 J. Kevin McCasky District No. 2 Dave Auburn October 4, 2006 District No. 3 Meredith Reckert, AICP Community Development Department 7500 W. 29th Avenue Wheat Ridge, CO 80033 RE. Coors Glass Plant Annexation Dear Ms. Reckert: Thank you for the opportunity to review the proposed Coors Glass Plant Annexation. After evaluating the submitted documents, county staff generated the following comments: • This property was de-annexed from the City of Arvada in 2005, along with three other tracts. • We are pleased to see Tracts 3 and 5 being annexed into the City of Wheat Ridge and look forward to when Tracts 1, 2, and 4 will also be annexed, so that there are no slivers of unincorporated Jefferson County in this area. • The proposed annexation is more than 1/6th contiguous to the existing municipal boundary. • We found the following special districts within the area proposed to be annexed: Denver Metropolitan Major League Baseball Stadium District, Regional Transportation District, Jefferson County R-1 School District, Arvada Fire District, North Jeffco Park and Recreation District, and Clear Creek Water and Sanitation District. If you have any questions feel free to call me at 303-271-8716. Sincerely, Heather Gutherless, AICP Planner ]II cc: Tim Carl, Planning and Development Director Janet Bell, Long Range Planning Coordinator 100 Jefferson County Parkway, Golden, Colorado 80419 (303) 279-6511 http://jeffco.us JEFFERSON COUNTY SHERIFF'S OFFICE 200 Jefferson County Parkway Golden, Colorado 80401-2697 (303) 271-5305 FAX (303) 271-5307 September 21, 2006 Meredith Reckert, Senior Planner The City of Wheat Ridge 7500 West 291h Avenue Wheat Ridge, CO 80033 N51011 rl!!4 Re: Proposed Coors Glass Plant Annexation to the City of Wheat Ridge Dear M. Reckert, The materials provided in conjunction with this proposal have been reviewed. The Jefferson County Sheriff's Office has no relevant comment on this action. Thank you for the information, this agency has no plans to attend the public hearing on the annexation. Sincerely, Ted Mink, Sheriff vid ayl , Captain Patrol Divi ion Ted Mink SHERIFF Flay Fleer UNDERSHERIFF Registered No. Date Stamp Registered No Date .Stamp _ Registered No. Data Stamp - Registered No. Date Stamp - IR \J"` C r t - ~jG~ C(~\ n 1.^ iGF ~C o. C.;d\ Re Fee nr f\! AGO Reg Fee 7,90-) Reg Fee ,r p~\ Reg. Fee v O~ 9 t r, u• I.W i - ~o\ - r G;', i 2~p6 Return Handling Return ti0~6 Return u c;c, Handling Return Handling ` ; p v : r Handling v Charge „P,0(i Receipt ¢i7,:b; 1 (1r 2096 Charge `s`=0t Receipt _996 v Cha ge cCt=..^r Peceipi % Charga .6 it Receipt m. 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" 110M.Offat19MI91 Improvement District = m m gi6iaa3 94a lsportation District f 2480 W. 26th Ave., #156B C/O Colorado Dept. of Local Affairs o 1600 Blake St an ~ Denver, CO 80211 as d 1313 Sherman St., Room 521 m Denver, CO 80202 w Denver, CO 80203 w PS Form 38,_, _ py I -Customer PS Form 3806, Receipt for Registered Mail copy I - Customer PS Form 381 v noco, r Customer rv, May 2004 (7530-02-000-9051x) (See information on Reverse) Ma 2004 0-9059 (See Information on Reverse , r. yraser o.. r r.^ wpy 1 - For domestic delive Information, visit our website at www.us s com 0 y (7530-02-00 ) " ) May 2004 -9051) (See Information on Reverse) ry _ _ P ~ J For domestic delivery information, visit our website at wwWUSps.com _j For domestic delive delivery information, visit our website at www.usps.com 7500 West 29th Avenue Wheat Ridge, Colorado 80033 3031235-2846 Fax: 303/235-2857 The City of Wheat Ridge September 14, 2006 Clear Creek Valley Water & Sanitation District 5420 Harlan Street Arvada, CO 80001 Re: Proposed Coors Glass Plant Annexation to the City of Wheat Ridge Dear Sir or Madam: Pursuant to C.R.S. 31-12-108, enclosed please find the following documents concerning this proposed annexation to the City of Wheat Ridge: 1. A copy of the publisher's affidavit as proof of the publication of the notice of the public hearing. 2. A signed copy of the Public Hearing Notice. 3. A copy of the resolution setting the hearing date. 4. A copy of the Annexation Petition. 5. A copy of the Annexation Map If you have any questions about the materials, please contact me at 303-235-2846. Sincerely, Meredith Reckert, AICP Senior Planner Enclosures Jefferson County Board of County Commissioners 100 Jefferson County Pky. Golden, CO 80419 Frank Huftless County Attorney 100 Jefferson County Pky. Golden, Colorado 80419 Jefferson County Public School R-1 District 1829 Denver West Dr. Golden, CO 80401 Jefferson County Law Enforcement Authority 900 Jefferson County Pky. Golden, Colorado 80401 Regional Transportation District 1600 Blake St. Denver, CO 80202 Urban Drainage & Flood Control District 2480 W. 26th Ave., #156B Denver, CO 80211 Scientific & Cultural Facilities District 899 Logan St., Suite 500 Denver, CO 80203 Metropolitan Football Stadium District 1701 Bryant St., Ste. 500 Denver, CO 80204 Moffat Tunnel Improvement District C/O Colorado Department of Local Affairs 1313 Sherman St., Room 521 Denver, CO 80203 Arvada Fire Protection District 6503 Simms St. Arvada, CO 80001-0060 Mike Elm City of Arvada 8101 Ralston Rd. Arvada, CO 80002 North Jeffco Park & Recreation District 13150 W. 72nd Ave. Arvada, CO 80005-3116 Urban Drainage & Flood, South Platte Levy 2480 W. 26th Ave., Suite 156-B Denver, CO 80211 Valley Water District 12101 W. 52nd Ave. Wheat Ridge, CO 80033-1911 Clear Creek Valley Water & Sanitation District 5420 Harlan Street Arvada, CO 80001 09/13/2006 10:04 3034682592 JEFFCO PUBLISHING PAGE 02 THE WHEAT RIDGE TRANSCRIPT 1000 10th St=t, Colclm, CO 80401 1. I, C gazE fN7, m the a2.alt cf 'Ibe Golclm TMM--pt, rs,> 9a rmirt- e3 aid pilcli&,Ed in to qty cC Ga1~a, QuiLy cf Sef feisn a3 Sate Cf CYilr,ra3i, art h>ys pal, l¢n4e:%g? cf all t1e facts sEt fsth in the d Lhdtt 2 'oat de slid nen is pr4ted and rubbs rd axe exh ve3c m Ti=sdry, arl dint it Im a gaval citazla-irxi in Un CiLy cf Galcln ad in tle O a7ty ce J2f fv= axl els34-me, wend bl nw ar txals tbsd by nail tv 69ch CE the a by ibav, cf said per, =1 t~ tie a mbmE l xrozb cf him m this cf 8kE4 3 'mat ft and r vg establ-mbed and teas bem pcintiRd wd PkLui xl in tte said City of =b and tin Oarty of J2P fa= ui==ptsd axl om- tmm,isly dtnM a p=icd cf ac lit 52 c=arme was rem p= to tre first Tay p e,,e of fL[rtainill] acid p. l=stim, a o!ni of vhich is hzebo atrad>:xl; 4 'oat tie mid rfin C' in a v~ y ~ of greral CL=2aHm_ and is ) axi p lidBd in vbDle c r in part in the City of q1 l& i all tie said (army of Jef frlsil m &h h ~d n,hl; rat-lm is rmjnxed Ly lat to bE pJlr lift, S. azly cf utkh is hmmx o ate S TEk de mid i$n r is a wegdy mqpM nal ftE to P-U ]sP.l. rLtioss, as cbbrzd 7 t e Szb of tln State CE mlrmcb; 6 'llat said na r hxl 1rlc' to y 1, .936, ad ho sc>=r SIiLE tlat dte, hb m alldtt59 to t1n UlLted S=cs STai)1 a6 sa7Sd clams mit6=r uxur tta pr=- s¢s cf dk Pct of N9xCh 3, 1979, crc...aa.'.i~y aren3mate trxeto; 7 Ttot to 'lid mm d nhli rd=m UBS piblaslxxl m t ho axl fft= e:l-- im of the Gclch'i Txa-ipt, a daly qzhf'at ly mqxp~ far fiat R.rc- pcse, vathm tie mm ad nos cf ffE cy~ of t1m S3 9M of dalaa_b; $ `Ilnt t1m said ai»e3 n iio5= %s a 401, trm, ad oft apt Of UB a©.gtal v1rid7 vas xmjllarJy plnl i and in sah Cf do MJ..'1l r axl at-ire i-~ Ct the Gold Txam7jpt., a leplly qu%tf.14 pa = fur eat papme, am each vadc, m de sire dw cf amh VBEG f= ~ iw, wrie. bj Y km= cm, xd tEt 'rhe fiust plol=tam Ul=eof vas in the.5en]-'J, 2006: a'd.tlaL^ tk>: ]vim p tim vas in the fSe, y.~ f .2 8~ . 2000. _ 9iL~c hEd a-d sham to tafcrce ire this day of ,L /3 2006 . BY! - STAm OFCOLORAO Ss Ctnnq' orlentrw Wlmem my hand and offical seal Natmy Pahlie w KAREN ANNE MOUNE NOTA pUBUC s SMW OF COLORADO Mr OMAAYp'a Dun Annl %m 09/13/2006 10:04 3034582592 JEFFCO PUBLISHING PAGE 03 NOTICE OF PUBLIC HEARING On August 28, 2006, the Wheat Ridge City Council adopted Resolution No 40, Series 2006, a Resolution finding a peti- tion for annexation of a parcel of land lo- Cated In Sections 15 and 16, Township 3 South Range 69 West of the Sixth Princi- pal Meridian, County of Jefferson, State of Colorado, to be in substantial oompli- anco with Section 31-12-107(1), Colorado Revised Statutes and setting a hearing date to consider the annexation. A copy of said Resolution is attached hereto as Exhibit 1. NOTICE 15 HEREBY GIVEN of a public hearing before the City Council of the City of Wheat Ridge, Colorado, to determine if the proposed annexation compiles with Sections 31-12.104 and 31.12.105, C.R.S., or such parts thereof as may be required to establish eligibility under the terms of Section 21-12.101, C.R.S., et seq, and the Constitution of the State of Colorado, Article 11, Section 30, as amended. The hearing will take place on October 9, 2006 at 7;00 p.m. or as soon as possible thereafter, at the City Council Chambers at 7500 West 29th Avenue, Wheat Ridge, Colorado. Any person may appear at said hearing and present evi- dence upon any matter to be determined by the City Council. The propart y proposed for annexation is more particularly described as follows: LOT 8, TRACT 3, AND MILLER STREET, AS PLATTED IN ARVADA RIDGE, AC- CORDING TO THE PLAT RECORDED AT RECEPTION NO. 72143598, AND ANOTHER PORTION OF MILLER STREET, ALL OF WHICH IS LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERI- DIAN, JEFFERSON COUNTY, COLORA- DO, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUAR- TER CORNER OF SAID SECTION 16, AND CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION TO BEAR SOUTH 00°12'10"EAST, WITH ALL BEARINGS CONTAINED HEREIN, RELATIVE THERETO; THENCE SOUTH 44°55'39"WEST, 1876.58 FEET TO THE NORTHWEST CORNER OF THE SE ONE-QUARTER OF THE BE ONE. QUARTER OF SAID SECTION 16, BE- ING ON THE BOUNDARY OF THE RIDGE HOME ANNEXATION AND THE POINT OF BEGINNING OF THIS DE- SCRIPTION; THENCE ALONG SAID RIDGE HOME ANNEXATION BOUN- DARY THE FOLLOWING TWO COURS- ES: (1) ALONG THE WEST LINE OF THE NE ONE-QUARTER OF THE SE ONE. QUARTER OF SAID SECTION 16, NORTH 00°12'10"WEST, 1317.66 FEET TO THE SOUTHWEST CORNER OF THE SE ONE-QUARTER OF THE NE ONE-QUARTER OF SAID SECTION 16; (2) THENCE ALONG THE WEST LINE OF SAID SE ONE-QUARTER OF THE NE ONE-QUARTER, NORTH 00612'52'WEST, 260.14 FEET TO THE RN ITWrAi Y RIr HT.r1F.WaY I INIF CIF 09/13/2006 10:04 3034682592 JEFFCO PUBLISHING PAGE 04 THE BURLINGTON NORTHERN RAIL- ROAD (COLORADO & SOUTHERN), AS DESCRIBED IN COLORADO STATE BOARD OF LAND COMMISSIONERS R.Q.W. NO. 1062; THENCE DEPARTING SAID RIDGE HOME ANNEXATION BOUNDARY, ALONG SAID SOUTHERLY RAILROAD RIGHT-OF-WAY LINE, NORTH 74°40'27'EAST, 31.08 FEET TO THE EAST RIGHT-OF-WAY LINE OF MILLER STREET AS PLATTED IN SAID ARVADA RIDGE; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE THE FOLLOWING NINE COURSES- (1) SOUTH 00°12'52"EAST, 148.74 FEET; (2) THENCE ALONG A CURVE TO THE LEFT HAVING A DELTA OF 19°30'44", A RADIUS OF 570.00 FEET AND AN ARC OF 194.12 FEET; (3) THENCE SOUTH 19°43'36"EAST, 105.94 FEET; (4) THENCE ALONG A CURVE TO THE RIGHT HAVING A DEL- TA OF 19.31'26", A RADIUS OF 830.00 FEET AND AN ARC OF 282.83 FEET; (5) THENCE SOUTH 00°12'10"EAST, 236,62 FEET; (6) THENCE ALONG A CURVE TO THE RIGHT HAVING A DEL- TA OF 17°39'50", A RADIUS OF 730.00 FEET AND AN ARC OF 225.05 FEET; (7) THENCE SOUTH 17°77'39"WEST, 164.38 FEET; (B) THENCE ALONG A CURVE TO THE LEFT HAVING A DEL- TA OF 17039'56", A RADIUS OF 670.00 FEET AND AN ARC OF 206.58 FEET; (9) THENCE SOUTH 0001210"EAST, 51.33 FEET TO THE NORTH LINE OF SAID BE ONE-QUARTER OF THE SE ONE- QUARTER; THENCE CONTINUING ALONG THE EAST RIGHT-OF-WAY LINE OF MILLER STREET, BEING 30.00 FEET EAST OF THE WEST LINE OF SAID BE ONE- QUARTER OF THE SE ONE-QUARTER, SOUTH 00°13'02"EAST, 278,59 FEET TO THE NORTHERLY CORNER OF SAID TRACT 3; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 3, ALONG A CURVE TO THE LEFT HAVING A DELTA OF 105°54'04", A RADIUS OF 50.00 FEET AND AN ARC OF 92.42 FEET TO THE EASTERLY CORNER OF SAID TRACT 3, LOCATED ON THE NORTHWESTERLY LINE OF THE PUBLIC SERVICE COMPANY EASEMENT, AS DESCRIBED IN COLO- RADO STATE BOARD OF LAND COM- MISSIONERS BOOK 10, R.O.W. NO. 1049 AND THE BOUNDARY OF SAID RIDGE HOME ANNEXATION; THENCE ALONG SAID RIDGE HOME ANNEXA- TION BOUNDARY THE FOLLOWING TWO COURSES: (1) SOUTH 73552'54"WEST, 97,43 FEET TO THE WEST LINE OF SAID SE ONE- QUARTER OF THE SE ONE-QUARTER; (2) THENCE ALONG SAID WEST LINE OF THE SE ONE-QUARTER OF THE SE ONE-QUARTER, NORTH 00°12'02"WEST, 353.22 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 3.56 ACRES, MORE OR LESS. Given and posted this tat day of Septem- 09/13/2006 10:04 3034682592 JEFFCO PUBLISHING PAGE 05 bar, 2006. Signed Pamela Y. Anderson Pamela Y. Anderson, City Clerk Published in the Wheat Ridge Transcript once per week for four (4) consecutive weeks beginning September 7, 2006, then September 14, 2006, September 21, 2006, and finally September 28, 2006. Exhibit 1 Resolution No. 40 Zzl oPS f2006 TITLE. A RESOLUTION FINDING A PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN SEC- TIONS 15 AND 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORA- DO, TO BE IN SUBSTANTIAL COMPLI- ANCE WITH SECTION 31-12-107(1)), COLORADO REVISED STATUTES AA SETTING A HEARING DATE TO COW SIDER THE ANNEXATION, WHEREAS, a written petition for annexa- tion to the City of Wheat Ridge, Colorado of a certain parcel of land as described in attached Exhibit A was filed with the City Clerk and referred by her 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 peti- tion to determine whether there has been substantial compliance with C.R,S. 31-12- 107(1); and WHE EAS, the City Council has satisfied itself concerning the substantial compli- ance of the petition with C.R.S. 31.12. 107(1). NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLO- RADO, AS FOLLOWS; Section 1. The written petition for an- nexation substantially complies with C.R.S. Section 31.12.107(1). Section 2; A public hearing on said peli- tion shall be conducted at 7:00 pm on the 9th day of October, 2006 at the City of Wheat Ridge Municipal Building which is located at 7500 W. 29th Avenue, Wheat Ridge, Colorado, 80215, to determine if the proposed annexation complies with C.R.S. Sections 21-12.104 and 31.12- 105 or such pan thereof as may be re- quired to establish eligibility under the terms of Title 31, Article 12, Part 1, as amended, known as the Municipal Annex- ation Act of 1965, and the Constitution of the State of Colorado, Article 11, Section 30, as amended. xection Any person may appear at said hearing and present evidence upon any matter to be determined by the City Council. 0 4. This resolution shall be effec- tive immediately upon adoption. RESOLVED AND PASSED this 28th day of Auglmst, 2006. Signed Jerry DiTullio JERRY DITULLIO, MAYOR ATTEST: Clnnm PmmPta V Anonrcnn 09/13/2006 10:04 3034682592 JEFFCD PUBLISHING PAGE 06 Pamela Y. Anderson, City Clark EXHIBIT A LEGAL 2EW-8121PY LOT 8, TRACT 3, AND MILLER STREET, AS PLATTED IN ARVADA RIDGE, AC- CORDING TO THE PLAT RECORDED AT RECEPTION NO. F2143596, AND ANOTHER PORTION OF MILLER STREET, ALL OF WHICH IS LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE 6TH PRINCIPAL MERI- DIAN, JEFFERSON COUNTY, COLORA• DO, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUAR- TER CORNER OF SAID SECTION 16, AND CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION TO BEAR SOUTH 00°12'10"EAST, WITH ALL BEARINGS CONTAINED HEREIN, RELATIVE THERETO; THENCE SOUTH 44°55'39"WEST, 1876.58 FEET TO THE NORTHWEST CORNER OF THE SE ONE-QUARTER OF THE SE ONE- QUARTER OF SAID SECTION 16, BE- ING ON THE BOUNDARY OF THE RIDGE HOME ANNEXATION AND THE POINT OF BEGINNING OF THIS DE- SCRIPTION; THENCE ALONG SAID RIDGE HOME ANNEXATION BOUN- DARY THE FOLLOWING TWO COURS- ES: (1) ALONG THE WEST LINE OF THE NE ONE-QUARTER OF THE SE ONE- QUARTER OF SAID SECTION 16, NORTH 00"12'10"WEST, 1317.66 FEET TO THE SOUTHWEST CORNER OF THE SE ONE-QUARTER OF THE NE ONE-QUARTER OF SAID SECTION 16; (2) THENCE ALONG THE WEST LINE O SAID SE ONE-QUARTER OF THE NE ONE-QUARTER, NORTH 00°12'62"WEST, 260.14 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN RAIL- ROAD (COLORADO & SOUTHERN), AS DESCRIBED IN COLORADO STATE BOARD OF LAND COMMISSIONERS R.O.W. NO, 1062; THENCE DEPARTING SAID RIDGE HOME ANNEXATION BOUNDARY, ALONG SAID SOUTHERLY RAILROAD RIGHT-OF-WAY LINE, NORTH 74°40'27"EAST, 31.08 FEET TO THE EAST RIGHT-OF-WAY LINE OF MILLER STREET AS PLATTED IN SAID ARVADA RIDGE; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE THE FOLLOWING NINE COURSES: (1) SOUTH 00°12'52"EAST, 148.74 FEET; (2) THENCE ALONG A CURVE TO THE LEFT HAVING A DELTA OF 19030'44", A RADIUS OF 570.00 FEET AND AN ARC OF 194.12 FEET; (3) THENCE SOUTH 19043'36"EAST, 105.94 FEET; (4) THENCE ALONG A CURVE TO THE RIGHT HAVING A DEL- TA OF 19°31'26", A RADIUS OF 830.00 FEET AND AN ARC OF 282.83 FEET; (5) THENCE SOUTH 00°12'10"EAST, 236.62 FEET; (6) THENCE ALONG A CURVE TO THE RIGHT HAVING A DEL- TA OF 17^39'50", A RADIUS OF 730.00 FEET AND AN ARC OF 225.05 FEET; 7) 09/13/2006 10:04 3034682592 JEFFCD PUBLISHING PAGE 07 THENCE SOUTH 17°27'39"WEST, 164.38 FEET; (8) THENCE ALONG A CURVE TO THE LEFT HAVING A DEL- TA OF 17°39'56", A RADIUS OF 670.00 FEET AND AN ARC OF 206.58 FEET; (9) THENCE SOUTH 00012'101EAST, 51.33 FEET TO THE NORTH LINE OF SAID SE ONE-QUARTER OF THE BE ONE- QUARTER; THENCE CONTINUING ALONG THE EAST RIGHT-OF-WAY LINE OF MILLER STREET, BEING 30.00 FEET EAST OF THE WEST LINE OF SAID SE ONE. QUARTER OF THE SE ONE-OUARTER, SOUTH 00°13'02"EAST, 278.59 FEET TO THE NORTHERLY CORNER OF SAID TRACT 3; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 3, ALONG A CURVE TO THE LEFT HAVING A DELTA OF 105°54'04", A RADIUS OF 50.00 FEET AND AN ARC OF 92.42 FEET TO THE EASTERLY CORNER OF SAID TRACT 3, LOCATED ON THE NORTHWESTERLY LINE OF THE PUBLIC SERVICE COMPANY EASEMENT, AS DESCRIBED IN COLO- RADO STATE BOARD OF LAND COM- MISSIONERS BOOK 10, R.O,W, NO. 1049 AND THE BOUNDARY OF SAID RIDGE HOME ANNEXATION; THENCE ALONG SAID RIDGE HOME ANNEXA- TION BOUNDARY THE FOLLOWING TWO COURSES: (1) SOUTH 73°52'54"WEST, 97.43 FEET TO THE WEST LINE OF SAID SE ONE. QUARTER OF THE SE ONE-QUARTER; (2) THENCE ALONG SAID WEST LINE OF THE SE ONE-QUARTER OF THE SE ONE-QUARTER, NORTH 00°13'02"WEST, 35322 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 3.56 ACRES, MORE OR LESS. First Publication September 7, 2006 Last Publication September 28, 2005 Wheat Ridge Transcript 06506718 NOTICE OF PUBLIC HEARING On August 28, 2006, the Wheat Ridge City Council adopted Resolution No 40, Series 2006, a Resolution finding a petition for annexation of a parcel of land located in Sections 15 and 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(l), Colorado Revised Statutes and setting a hearing date to consider the annexation. A copy of said Resolution is attached hereto as Exhibit 1. NOTICE IS HEREBY GIVEN of a public hearing before the City Council of the City of Wheat Ridge, Colorado, to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., or such parts thereof as maybe required to establish eligibility under the terms of Section 21-12-101, C.R.S., et seq. and the Constitution of the State of Colorado, Article II, Section 30, as amended. The hearing will take place on October 9, 2006 at 7:00 p.m. or as soon as possible thereafter, at the City Council Chambers at 7500 West 29th Avenue, Wheat Ridge, Colorado. Any person may appear at said hearing and present evidence upon any matter to be determined by the City Council. The property proposed for annexation is more particularly described as follows: LOT 8, TRACT 3, AND MILLER STREET, AS PLATTED IN ARVADA RIDGE, ACCORDING TO THE PLAT RECORDED AT RECEPTION NO. F2143596, AND ANOTHER PORTION OF MILLER STREET, ALL OF WHICH IS LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 16, AND CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION TO BEAR SOUTH 00°12'10"EAST, WITH ALL BEARINGS CONTAINED HEREIN, RELATIVE THERETO; THENCE SOUTH 44°55'39"WEST, 1876.58 FEET TO THE NORTHWEST CORNER OF THE SE ONE-QUARTER OF THE SE ONE-QUARTER OF SAID SECTION 16, BEING ON THE BOUNDARY OF THE RIDGE HOME ANNEXATION AND THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG SAID RIDGE HOME ANNEXATIONBOUNDARY THE FOLLOWING TWO COURSES: (1) ALONG THE WEST LINE OF THE NE ONE-QUARTER OF THE SE ONE-QUARTER OF SAID SECTION 16, NORTH 00°121 0"WEST, 1317.66 FEET TO THE SOUTHWEST CORNER OF THE SE ONE-QUARTER OF THE NE ONE-QUARTER OF SAID SECTION 16; (2) THENCE ALONG THE WEST LINE OF SAID SE ONE-QUARTER OF THE NE ONE- QUARTER, NORTH 00°12'52"WEST, 260.14 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN RAILROAD (COLORADO & SOUTHERN), AS DESCRIBED IN COLORADO STATE BOARD OF LAND COMMISSIONERS R.O.W. NO. 1062-1 THENCE DEPARTING SAID RIDGE HOME ANNEXATION BOUNDARY, ALONG SAID SOUTHERLY RAILROAD RIGHT-OF-WAY LINE, NORTH 74°40'27"EAST, 31.08 FEET TO THE EAST RIGHT-OF-WAY LINE OF MILLER STREET AS PLATTED IN SAID ARVADA RIDGE; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE THE FOLLOWING NINE COURSES: (1) SOUTH 00°12'52"EAST, 148.74 FEET; (2) THENCE ALONG A CURVE TO THE LEFT HAVING A DELTA OF 19°30'44", A RADIUS OF 570.00 FEET AND AN ARC OF 194.12 FEET; (3) THENCE SOUTH 19°43'36"EAST, 105.94 FEET; (4) THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 19°31'26", A RADIUS OF 830.00 FEET AND AN ARC OF 282.83 FEET; (5) THENCE SOUTH 00°12'10"EAST, 236.62 FEET; (6) THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 17°39'50", A RADIUS OF 730.00 FEET AND AN ARC OF 225.05 FEET; (7) THENCE SOUTH 17°27'39"WEST, 164.38 FEET; (8) THENCE ALONG A CURVE TO THE LEFT HAVING A DELTA OF 17°39'56", A RADIUS OF 670.00 FEET AND AN ARC OF 206.58 FEET; (9) THENCE SOUTH 00°12'10"EAST, 51.33 FEET TO THE NORTH LINE OF SAID SE ONE-QUARTER OF THE SE ONE-QUARTER; THENCE CONTINUING ALONG THE EAST RIGHT-OF-WAY LINE OF MILLER STREET, BEING 30.00 FEET EAST OF THE WEST LINE OF SAID SE ONE-QUARTER OF THE SE ONE-QUARTER, SOUTH 00° 13'02"EAST, 278.59 FEET TO THE NORTHERLY CORNER OF SAID TRACT 3; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 3, ALONG A CURVE TO THE LEFT HAVING A DELTA OF 105°54'04", A RADIUS OF 50.00 FEET AND AN ARC OF 92.42 FEET TO THE EASTERLY CORNER OF SAID TRACT 3, LOCATED ON 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 AND THE BOUNDARY OF SAID RIDGE HOME ANNEXATION; THENCE ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE FOLLOWING TWO COURSES: (1) SOUTH 73°52'54"WEST, 97.43 FEET TO THE WEST LINE OF SAID SE ONE-QUARTER OF THE SE ONE-QUARTER; (2) THENCE ALONG SAID WEST LINE OF THE SE ONE- QUARTER OF THE SE ONE-QUARTER, NORTH 00°13'02"WEST, 353.22 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 3.56 ACRES, MORE OR LESS. Given and posted this 1 st day of September, 2 amela Y. rson, City Clerk Published in the Wheat Ridge Transcript once per week for four (4) consecutive weeks beginning September 7, 2006, then September 14, 2006, September 21, 2006, and finally September 28, 2006. Exhibit 1 Resolution No. 40 Series of 2006 TITLE: A RESOLUTION FINDING A PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTIONS 15 AND 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 a certain parcel of land as described in attached Exhibit A was filed with the City Clerk and referred by her 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 9th day of October, 2006 at the City of Wheat Ridge Municipal Building which is located at 7500 W. 29s' Avenue, Wheat Ridge, Colorado, 80215, 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 H, 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 28th day of August, 2006. - 4 101, i JE Y qtfJLLIO, MAYOR pn ST: Qo a- . Pamela Y. Antis n, City Clerk j EXHIBIT A LEGAL DESCRIPTION LOT 8, TRACT 3, AND MILLER STREET, AS PLATTED IN ARVADA RIDGE, ACCORDING TO THE PLAT RECORDED AT RECEPTION NO. F2143596, AND ANOTHER PORTION OF MILLER STREET, ALL OF WHICH IS LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 16, AND CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION TO BEAR SOUTH 00012'10"EAST, WITH ALL BEARINGS CONTAINED HEREIN, RELATIVE THERETO; THENCE SOUTH 44°55'39"WEST, 1876.58 FEET TO THE NORTHWEST CORNER OF THE SE ONE-QUARTER OF THE SE ONE- QUARTER OF SAID SECTION 16, BEING ON THE BOUNDARY OF THE RIDGE HOME ANNEXATION AND THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE FOLLOWING TWO COURSES: (1) ALONG THE WEST LINE OF THE NE ONE-QUARTER OF THE SE ONE- QUARTER OF SAID SECTION 16, NORTH 00°12'10"WEST, 1317.66 FEET TO THE SOUTHWEST CORNER OF THE SE ONE-QUARTER OF THE NE ONE-QUARTER OF SAID SECTION 16; (2) THENCE ALONG THE WEST LINE OF SAID SE ONE- QUARTER OF THE NE ONE-QUARTER, NORTH 00°12'52"WEST, 260.14 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN RAILROAD (COLORADO & SOUTHERN), AS DESCRIBED IN COLORADO STATE BOARD OF LAND COMMISSIONERS R.O.W. NO. 1062; THENCE DEPARTING SAID RIDGE HOME ANNEXATION BOUNDARY, ALONG SAID SOUTHERLY RAILROAD RIGHT-OF-WAY LINE, NORTH 74°40'27"EAST, 31.08 FEET TO THE EAST RIGHT-OF-WAY LINE OF MILLER STREET AS PLATTED IN SAID ARVADA RIDGE; THENCE ALONG SAID EAST RIGHT-OF- WAY LINE THE FOLLOWING NINE COURSES: (1) SOUTH 00°12'52"EAST, 148.74 FEET; (2) THENCE ALONG A CURVE TO THE LEFT HAVING A DELTA OF 19°30'44", A RADIUS OF 570.00 FEET AND AN ARC OF 194.12 FEET; (3) THENCE SOUTH 19°43'36"EAST, 105.94 FEET; (4) THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 19°31'26", A RADIUS OF 830.00 FEET AND AN ARC OF 282.83 FEET; (5) THENCE SOUTH 00°12'10"EAST, 236.62 FEET; (6) THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 17°39'50", A RADIUS OF 730.00 FEET AND AN ARC OF 225.05 FEET; (7) THENCE SOUTH 17°27'39"WEST, 164.38 FEET; (8) THENCE ALONG A CURVE TO THE LEFT HAVING A DELTA OF 17°39'56", A RADIUS OF 670.00 FEET AND AN ARC OF 206.58 FEET; (9) THENCE SOUTH 00°12'10"EAST, 51.33 FEET TO THE NORTH LINE OF SAID SE ONE-QUARTER OF THE SE ONE- QUARTER; THENCE CONTINUING ALONG THE EAST RIGHT-OF-WAY LINE OF MILLER STREET, BEING 30.00 FEET EAST OF THE WEST LINE OF SAID SE ONE- QUARTER OF THE SE ONE-QUARTER, SOUTH 00°13'02"EAST, 278.59 FEET TO THE NORTHERLY CORNER OF SAID TRACT 3; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 3, ALONG A CURVE TO THE LEFT HAVING A DELTA OF 105°54'04", A RADIUS OF 50.00 FEET AND AN ARC OF 92.42 FEET TO THE EASTERLY CORNER OF SAID TRACT 3, LOCATED ON 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 AND THE BOUNDARY OF SAID RIDGE HOME ANNEXATION; THENCE ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE FOLLOWING TWO COURSES: (1) SOUTH 73°52'54"WEST, 97.43 FEET TO THE WEST LINE OF SAID SE ONE- QUARTER OF THE SE ONE-QUARTER; (2) THENCE ALONG SAID WEST LINE OF THE SE ONE-QUARTER OF THE SE ONE-QUARTER, NORTH 00°13'02"WEST, 353.22 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 3.56 ACRES, MORE OR LESS PETITION FOR ANNEXATION TO: THE CITY OF THE CITY OF WHAT RIDGE, COLORADO RE: PROPERTY KNOWN AS: Lot 8, Arvada Ridge The undersigned landowners, in accordance with the provisions of Title 31, Article 12, part 1, C.R.S. and known as the Municipal Annexation act of 1965, as amended, hereby petition the City Council for annexation to the City of Wheat Ridge the following described unincorporated area situate and being in the County of Jefferson, and State of Colorado, to wit: (See attached Exhibit A attached hereto and incorporated herein by reference.) Your petitioners further state as follows: 1. That it is desirable and necessary that such area be annexed to the City of Wheat Ridge, Colorado. 2. That the area sought to be annexed meets the requirements of Sections 31-12-104 and 105, as amended, of the Municipal annexation Act of 1965, in that: A. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the existing boundaries of the City of Wheat Ridge, Colorado. B. A community of interest exists between the area proposed to be annexed and the City of Wheat Ridge, Colorado. C. The area proposed to be annexed is urban or will be urban in the near future and said area is integrated or is capable of being integrated with the City of Wheat Ridge, Colorado. D. No land held in identical ownership, whether consisting of one tract or parcel or real estate or two or more contiguous tracts or parcels of real estate: (1) is divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels are separated by a dedicated street, road, or other public way. (2) comprising 20 acres or more and which, together with the buildings and improvements situated thereon, has a valuation of assessment in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the annexation, is included within the area proposed to be annexed without the written consent of the landowner or landowners. {00065684.DOC/} E. No annexation proceedings have been commenced for the annexation to another municipality of part or all to the territory proposed to be annexed. E. The annexation of the area proposed to be annexed will not result in the detachment of the area from any school district and the attachment of same to another school district. G. The annexation of the area proposed to be annexed will not have the effect of extending the boundary of the City of Wheat Ridge more than three miles in any direction from any point of the City's boundary in any one year. A. If a portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the area to be annexed. 1. Reasonable access shall not be denied to landowners, owners of easements or the owners of franchises, adjoining any platted street or alley to be annexed that will not be bordered on both sides by the City of Wheat Ridge. 3. That attached hereto and incorporated herein by reference are four (4) prints of the annexation map, containing the following information: A. A written legal description of the boundaries for the area proposed to be annexed: B. A map showing the boundary of the area proposed to be annexed; C. Within the annexation boundary map, a showing of the location of each ownership tract of unplatted land, and, with respect to any area which is platted, the boundaries and the plat numbers of plots or lots and blocks; D. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the City of Wheat Ridge and the contiguous boundary of any other municipality abutting the area proposed to be annexed. 4. That the petitioners are the landowners of more thanfifty percent (50%) of the area sought to be annexed, exclusive of streets and alleys. 5. That all of the petitioners signed this Petition for annexation no more than 180 days prior to the date of filing of this Petition for Annexation. 6. That this Petition for annexation satisfies the requirements of Article H, Section 30, of the Constitution of Colorado in that it is signed by persons comprising more than fifty percent (501/o) of the landowners in the area proposed to be annexed who own more than fifty percent. (50%) of said area, excluding public streets and alleys and any land owned by the City of Wheat Ridge. t00065684.DOG} 7. That upon the Annexation Ordinance becoming effective, all lands within the area sought to be annexed shall become subject to the ordinances, resolutions, rules and regulations of the City of Wheat Ridge, except for general property taxes which shall become effective on January 1 of the next succeeding year following passage of the Annexation Ordinance.. Therefore, your petitioners respectfully request that the City Council of the City of Wheat Ridge, Colorado, approve the annexation of the area proposed to be annexed. Whenever from the context it appears appropriate, each term stated in either the singular or plural will include the other, and pronouns stated in either the masculine, feminine or the neuter gender will include each of the other genders. Signature of Date of Mailing Address Legal Description Landowner Signature of Landowner of Land Owned Nathaniel C. Boggs See EXHIBIT A Chief Legal Officer & (Attached) Group VP for Public Affairs P.O. Box 4030, NH 314 Golden, CO 80401 {00065684.DOC/l EX MIT A .LOT 8, ARVADA RIDGE, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 14, 2004 AT RECEPTION NUMBER F2143596, COUNTY OF JEFFERSON, STATE OF COLORADO. {00065684.DOC/} ~~I~IC~~'00~1 A~IG~P COORS AN N EXATI z ~o~ ~~~~~~o~~ ~a~ c~u~ cu G~ P~G~~~~~I ~f~ flU~~l~f~ ~'~I~C~f~~ ~~ID L~~~ ~ u~ ~c~~ ~[~~~o~~ ~~~~~~o~ ~ ~Ir ~WLS ~LL~ ~~~OVIUJ~~WLS ~LS~~~Q/NOCIy N1LSI~Ir~~4y~11V l~l~ v~sr s4n~ avaue r *-i;. 0 ~•rr- i i ~n t 1 i 1 i I 1 1 i ~ca~ ~~PnoN ~t _ i i LOT 8. TRACT 3, AND MILLER STREET, AS PLATTED IN ARVADA RIDGE, PLAT RECORDED AT RECEPTION N0. F2143596, AND ANOTHER PORTION IDGE~ ACCORDING TO 7HE i~•_ t ALL OF WHICH IS LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHI J 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, COLO DESCRIBED AS FOLLOWS: 1 1 T COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 16, AN EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION TO BEAR S WITH ALL BEARINGS CONTAINED HEREIN, RELATIVE THERETO; THENCE S 1876.58 FEET TO THE NORTHWEST CORNER OF THE SE1/4 OF THE SE1 16, BEING ON THE BOUNDARY OF THE RIDGE HOME ANNEXATION AND BEGINNING OF THIS DESCRIPTION; THENCE ALONG SAID RIDGE HOME AN THE FOLLOWING TWO COURSES: ~t ' r ...x ~ Y (1) ALONG THE WEST LINE OF THE NE1 /4 OF THE SE1 /4 OF SAID SECI 00'12'10~WEST, 1317.66 FEET TO THE SOUTHWEST CORNER OF THE SE1 SAID SECTION 16; (2) THENCE ALONG THE WEST LINE OF SAID SE1 /4 00'12'52"WEST, 260.14 FEET TO THE SOUTHERLY ~?IGHT-OF-WAY LINE NORTHERN RAILROAD (COLORADO & Sf~UTHERN), AS DESCRIBED IN COL OF LAND COMMISSIONERS R.O.W. N0. 162; } Y 1 THENCE DEPARTING SAID RIDGE HOME ANNEXATION BOUNDARY, ALONG iA M 8 ifgf /'4/'11 t°f°1 i(®('1i ii' ■ 1• ! "■i. ■ ■ V" ~ ! ■ V ~T tl/t 1 1 r, RAILROAD RIGHT-OF-WAY LINE, NORTH 74'40'27"EAST, 31.08 FEET TO RIGHT-OF-WAY LINE OF MILLER STREET AS PLATTED IN SAID ARVADA SAID EAST RIGHT-OF-WAY LINE THE FALLOWING NINE COURSES: 1 ~ ~ (1) SOUTH 00'1252"EAST, 148.74 FEET; (2) THEN(:E ALONG A CURVE A DELTA OF 19'30'44", A RADIUS OF 570.00 FEET AND AN ARC OF 19 i '1:_ THENCE SOUTH 19'43'36"EAST, 105.94 FEET; (4} THENCE ALONG A CU HAVING A DELTA OF 19'31'26", A RADIUS OF 830.0 FEET AND AN AR (5) THENCE SOUTH 00'1210"EAST, 236.62 FEET; (6) THENCE ALONG A i HAVING A DEL?A OF 17'39'50", A RADIUS OF 730.0 FEET AND AN AR (7) THENCE SOUTH 17'27'39"WEST, 164.38 FEET; (8) THENCE ALONG A HAVING A DELTA OF 17'39'56", A RADIUS OF 670.00 FEET AND AN AR (9) THENCE SOUTH 00'12'10"EAST, 51.33 FEET TO THE NORTH LINE OF r i SE1 /4; - THENCE CONTINUING ALONG THE EAST RIGHT-OF-~IVAY LINE OF MILLER FEET EAST OF THE WEST LINE OF SAID SE1 /4 OF THE SE1 /4, SOUTH FEET TO THE NORTHERLY CORNER OF SAID TRACT 3; THENCE ALONG T BOUNDARY OF SAID TRACT 3, ALONG A CURVE TO THE LEFT HAVING A L a r~ j ~ in 105'54'04". A RADIUS OF 50.00 FEET AND AN ARC OF 92.42 FEET TO CORNER OF SAID TRACT 3, LOCATED ON THE NORTHWESTERLY LINE OF I COMPANY EASEMENT, AS DESCRIBED IN COLORADO STATE BOARD OF L~ BOOK 10, R.O.W. N0. 1049 AND THE BOUNDARY 0~ SAID RIDGE HOME ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE FOLLOWING TWO r' 1 1 ~ (1) SOUTH 73'S2'54~WEST. 97.43 FEET TO THE WEST LINE OF SAID SE1 (2) THENCE ALONG SAID WEST LINE OF THE SE1 OF THE SE1 /4, NO 353.22 FEET TO THE POINT OF BEgNNING. THE ABOVE DESCRIBED PARCEL CONTAINS 3.56 ACRES, MORE OR LESS. t' r i 3rc,_ i~ GEt~IERAL NOTES C~ n i 1. THE PERIMETER DISTANCE FOR THE ENURE AREA OF ANNEXATION IS i l~ 2. THE DISTANCE OF THE ANNEXATION BOUNDARY THAT IS CONTIGUOU CITY OF WHEAT RIDGE IS 2.028 FEET. i. 94 3. THE PERCENTAGE OF CONTIGUOUS BOUNDRY PORTION OF THE PERIM ENTIRE AREA TO BE ANNEXED IS 50.1 . 4. BASIS OF BEARINGS: THE EAST LINE OF THE SOUTHEAST QUARTER LL TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. CONSIDERED T 00'12'10'EAST. (CITY OF WHEAT RIDGE DATUM COR~'SIDERS THE BEARING 1 007 2'29"EAST) ~~~a • ~ art 4 1 ' 7 1 ~r~ ' h.. I~ 3~ I i PREPARED ARED BY: TST INC. OF IL rob 9222 TEDD LIE TREE, ANNEXATION MAP PHONE: 30 T8'~' Ma of DENNER COORS ANNEXATION TEDDY LANE Consulting Engineers TREE, CO 80124 SHEET 1 OF 2 IE: 303-792-0557 ~~~~~~oo~ ~~r~ ...rrra~ rr ~n is _ COORS AN N EXAT ~o~ ~~~~~~o~~ ~o ~o~ ors ~r~~~~ ~o ~ P~G~~U~~I ~I~ fI~I~I~CI~ ~~G~I~C~~ G~~ID ~Oo~ ~ I~~~~~C~~ VIII ~G~C~ G~~~ 9/~ ~G~ ~G~~0~~1 ~'~~I~~C~~p ~ SANDRA LYNN SUBDIVISION ~ I I I ICI ~ ^ I~ I I I 1~1 ~ I~ 1` 60 J I I 1 ~liu I ~ V 4 I~ ~f~ ~INC~ ~~~i I~I~~I~C~~pAL A~IC~f~OD~G~~Io dCf~f~C~f~~~l~ 3 ' . I I I 1 ~I 11 i ---T---~ ~ r---r---r--~---~---7---r---r--~ i 59 I 58 I 57 156 ~ i I I Q I SANDRW TERRA SUBDIU'!SION I i I I I~ I UNPLATTED } ~ i i i iii i 3 i i 3 I I~ I I I I I I I I I~ I ~ 1---L---1--J~ I ~L-- - ~ ~ BL D = 03'0804° ( W~fo~p ~(~p~ fo~/n~nfl//pG1p/A~U/ - R = 3225.00' 3 i 4 i i i i) i 72 ~ 13 i 14 i 15 i 16 i 77 i 18 I i 0 /S/NESS PARK BLOQK 2 ~ ~ ~ ~ ~ I ~ BLOCIY 3 ~ I ~ P ~ NE CORNER OF SE 1/4, __-_L--J L__-L--_I_-_J--_J_--1_--L---L--J ~ SE 1 /4, SE 1 /4 04° (03'07'55) ~ (R.O.W. WIDTH VARIES) ~ e~ ~ ~ ~ nrn ~ rte. r► M n f".~ ~ /~'1 II h /11"".,_ /w~~"'...~ SECTION 16 If"L~ IlU If"lnllfl11f01~/V/n1 U L = 176.44' (17 R.O.W PER STATE BOARD OF LAND COMMISSION CH = S 7530'05 (BOOK 25 R.O.W. 2550, RECEPTION N0. 84075705 AND (S 75'07'48 v 1 1/4 CORNER BOOK 25 R.O.W. 2563, RECEPTION N0. 84089026) 1 - - - - - - - - - - N 0 E 1 1 t 1 .r „~r ~ \ \ ~ 1 ~ V ~ ~ ~ c ~ ~ ~ m ~ ~ ~ l cn c~ ` \ 1 c ~ W D ~ ~ o 1' D U1 \ ~ N vo..s r \ ~ N V m ~ 1 A z ~ O i - = ~ N_ \ \ ~ \ \ f Z - - ~ ~ ~ ~ ~ ~ m ~ 1 A ~ ~ 1 ioo o goo zoo scale ~"=100' feet ~ ~ \ ~ 9 ` T°AO2T ~~ss~' ARVADA RIDGE \ ~ PREPARED: SEPTEMBER 29, 2005 ~ \ 6 9 O eSB, !G o \ \ N C~~tj ~ f ~~ti ~ ~ c ~ ~ ~ 4 p I~~21~~D UNPLATTED ~ L~LS 15~V ~ ~ 3 ~ ~ ( ) =MEASURED BEARING AND/OR DISTANCE ON D=105'54'04' i R=50.00' ARVADA RIDGE PLAT ~ ~ 1O =CITY OF WHEAT RIDGE 3-1/4" CAP ON PIPE IN ~ L=9242' D=17 39'50 C=S53'10'04"E MONUMENT BOX MARKED: LS 13212 \ \ R=730.00' 79.81' 4 L_~5 S 0072'54"E 78.77' AREA PETITIONED FOR ANNEXATION C=S083~,44~W (S 0073'02"E 78.48) rte. 224.16' D=1739'56' R=670.00 S00'12~10~E S 0072'54"E 200.00' L=QQ6.58' ~ 51.33' (S 0073"02°E 200.12") ' ~ a _ i 4 • soo72',o•E c=sossra~'w ~ 236'62 205.76 ~ ^ RECEPTION 3 _ , ~Y ~,~i i % / j o ~ N0. 78012599 ~ ° , / / V'e'in+.. utinr n r-rrn o =mar J ~ -------N7 /1 1 E- ~ S 0072'47" E -WEST LINE SE1/4, NE 1/4 SECTION 16 NW CORNER ~ r SE t /4, NE 1 /4 SECTION 16 J .c 5LU I 1UN 1 b j P T. OF CO (MONUMENTATION TO BE SET UPON #5 REenR w/ 2• COORS PLANNED INDUSTRIAL DEVELOPMENT q ~ ~ ~ ~ ALUMINUM CAP COMPLETION OF CONSTRUCTION) ~ FILffi FILING 1 AMENDMENT 2 SUBDIVISION POINT OF BEGINNING C~~. 1 MARKED: 27601 ~ ~ NW CORNER OF SE 1/4, SE 1/4 %~~s SECTION 16 t; = ray M of oc-WvR O i Consulting Engineers Mailing List for 25 day notification: Clerk to the Board of County Commissioners County Attorney School district Special districts: • Arvada • Arvada Fire District • North Jeffco Park & Rec District • RTD • Ralston Fields Urban Renewal • Moffat Tunnel Improvements district • Urban Drainage & flood Control District • Urban Drainage & Floor Control South Platte • Valley Water District • Clear Creek Valley Water & Sanitation District Cabelas' list also included: • Scientific & Cultural Facilities District • Metropolitan Football Stadium District • Jefferson County Law Enforcement Authority All by registered or certified mail at least 25 days prior to the public hearing date OE WHEgT P 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Ridge 3031235-2846 Fax: 303/2355--285 2857 ~o~oRnoo September 7, 2006 Re: Proposed Coors Glass Plant annexation to the City of Wheat Ridge Dear Sir or Madam Pursuant to C.R.S. 31-12-108, enclosed please find the following documents concerning this proposed annexation to the City of Wheat Ridge: 1. A copy of the publisher's affidavit as proof of the publication of the notices of the public hearing. 2. A signed copy of the public hearing notice. 3. A copy of the resolution setting the hearing date. 4. A copy of the Annexation Petition. 5. A copy of the Annexation Map. If you have any questions about the materials, please call me at 303-235-2848. Sincerely, Meredith S. Reckert, AICP Senior Planner Property appraisal system Page 1 of 1 f~ Tax & Value ~s Information ~I 1 OF 1 Schedule: 447467 Parcel ID: 39-164-06-001 Property Address: VACANT LAND 2006 Payable 2007 2005 Payable 2006 Actual Value Actual Value Land 146,590 146,590 Total 146,590 146,590 Assessed Value Assessed Value Land 42,510 42,510 Total 42,510 42,510 Treasurer Information Tax Dist 4413 2006; 1092 2005 Mill Levy TBA 92.7150 2005 Mill Levy Information Tax District 4413 County 24.3460 School 49.0530 ARVADA 4.3100 ARVADA FIRE DIST. 9.4800 NORTH JEFFCO PARK & REC DIST 4.6140 REGIONAL TRANSPORTATION DIST. 0.0000 RALSTON FIELDS URBAN RENEWAL 0.0000 MOFFAT TUNNEL IMPROVEMENT DIST 0.0000 URBAN DRAINAGE&FLOOD CONT DIST 0.5320 URBAN DRAINAGE&FLOOD C SO.PLAT 0.0650 VALLEY W. DIST. 0.3150 Total 92.7150 http://wwl4.co.jefferson.co.us/ats/displaytax.do?sch=447467 9/7/2006 Property appraisal system Page 1 of 1 General Information =w. MI=- 1 OF 1 Schedule: 447467 Parcel ID: 39-164-06-001 Prini Status: Active Property Type: Vacant Land Property Address: VACANT LAND Owner Nar Mailing Address: 01515 ARAPAHOE ST COORS BR DENVER CO 80202 Neighborhood: 103 - Subdivision Name: 051705 - ARVADA RIDGE Block Lot Key Section Township Range Quartersection Land S 0008 16 3 69 SE 61078 Sale Date Sale Amount Deed Type Reception 12-14-2004 0 Plat F2143596 12-31-2004 7,109,800 Special Warranty Deed F2153035 08-08-2005 466,200 Special Warranty Deed 2005064051 Assessor Parcel Maps Associated with Schedule map39-164.odf Go to Aspin Map forthis Schedule Acrobat Reader is required to view PDF's. http://wwl4.co.jefferson.co.us/ats/displaygeneral.do?sch=447467 9/7/2006 Property appraisal system History - 11 M11 mO 200fi F r a = General Information Schedule: 972441 Status: Active Property Address: 10619 W 50TH AVE WHEAT RIDGE CO 80033 Mailing Address: PO BOX 4030 CE346 GOLDEN CO 80401 0030 Neighborhood: - Subdivision Name: - Page 1 of 1 Print Owner Name(s) ROCKY MOUNTAIN BOTTLE S< Sale Date Sale Amount Deed Type Reception Tax Information 2006 Payable 2007 Actual Value Personal 3,765,310 Total 3,765,310 Assessed Value Personal 1,091,940 Total 1,091,940 Tax Dist 3105 Mill Levy TBA Parcel ID: Property Type: Industrial Tax District 3105 County TBA School TBA WHEAT RIDGE TBA ARVADA FIRE DIST. TBA CLEAR CRK VLY W&S DIST. TBA REGIONAL TRANSPORTATION DI T. TBA URBAN DRAINAGE&FLOOD CONT DIST TBA URBAN DRAINAGE&FLOOD C SO.PLAT TBA VALLEY W. DIST. TBA Total TBA http://wwl4.co.jefferson.co.us/ats/displayhistory.do?sch=972441&year=2006 9/7/2006 Property appraisal system Tax & Value ® a~rts~ Information. Previous 3 OF 19 Next Schedule: 972441 Parcel ID: Property Address: 10619 W 50TH AVE 2006 Payable 2007 2005 Payable 2006 Actual Value Actual Value Personal 2,715,000 3,765,310 Total 2,715,000 3,765,310 Assessed Value Assessed Value Personal 787,350 1,091,940 Total 787,350 1,091,940 Treasurer Information Tax Dist 3105 2006 3105 2005 Mill Levy TBA 88.5460 2005 Mill Levy Information Tax District 3105 County 24.3460 School 49.0530 WHEAT RIDGE 1.7860 ARVADA FIRE DIST. 9.4800 CLEAR CRK VLY W&S DIST. 2.9690 REGIONAL TRANSPORTATION DIST. 0.0000 URBAN DRAINAGE&FLOOD CONT DIST 0.5320 URBAN DRAINAGE&FLOOD C SO.PLAT 0.0650 VALLEY W. DIST. 0.3150 Total 88.5460 Page 1 of 1 http://wwl4.co.jefferson.co.us/ats/displaytax.do?sch=972441 9/7/2006 WHEAT RIDGE T R -A N S' C R I P T. THURSDAY, SEPTEMBER 7; 2006 PUBLIC NOTICES THENCE DEPARTING SAID RIDGE HOME ANNEXATION BOUNDARY, ALONG SAID SOUTHERLY RAILROAD RIGHT-OFMAy LINE, NORTH 74°40'27-EAST 31.08 FEET TO THE EAST RIGHT-OF-WAY LINE OF MILLER STREET AS PLATTED INSAID ARVADA RIDGE; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE THE ' FOLLOWINGNINECOURSES: - (11 SOUTH 00-12-52-EAST, 148.74 FEET, (2) THENCE ALONG A CURVE TO THE LEFT HAVING 'A DELTA OF 19°30'44', A RADIUS OF 570.00 FEET AND AN ARC OF 194.12 FEET; (3) THENCE SOUTH 19'43'36'EAST 105.94 FEET; (4) THENCE ALONG A CURVE TO THE RIGHT HAVING A 'DELTA OF 19°31'26', A RADIUS OF 830.00 FEET AND AN ARC OF 282.83 FEET,' (5) THENCE SOUTH 00.1710-EAST, 236.62 FEET; (6) THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 17°39'50', A RADIUS OF 730.00 FEET AND AN ARC OF 225.05 FEET (7) THENCE SOUTH 17'2T39'WEST, 164.38 FEET; (8) THENCE ALONG A CURVE TO THE LEFT HAVING li A DELTA OF 17°3956', A RADIUS OF 670.00 FEET AND AN ARC OF 206.58 FEE; (9) THENCE SOUTH 00.12'10'EAST 51.33 FEET TO THE NORTH NNE OF-SAID BE ONE-QUARTER OF THE BE ONE-QUARTER;' - THENCE CONTINUING ALONG THE EAST RIGHT-OF-WAY LINE OF MILLER STREET, BEING 30.00 FEET EAST OF THE WEST LINE OF SAID BE ONE-QUARTER OF THE BE ONE-QUARTER, SOUTH 00.133'02'EAST 278.59 FEET TO THE NORTHERLY CORNER OF SAID TRACT 3; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 3, ALONG A CURVE TO THE LEFT HAVING A DELTA OF 105°54'04, A RADIUS OF 50.00 FEET ANGAN ARC OF 92.42 FEET TO THE EASTERLY CORNER OF SAID TRACT S, LOCATED ON THE NORTHWESTERLY LINE OF THE PUBLIC SERVICE COMPANY' EASEMENT, AS DESCRIBED IN COLORADO STATE BOARD i OF LAND COMMISSIONERS BOOK 10, R.O.W. NO. 1049 AND THE BOUNDARY OF SAID RIDGE li HOME ANNEXATION; THENCE ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE FOLLOWINGTWO COURSES: (1) SOUTH M'SV54-WEST 97.43 FEET TO THE WEST LINE.OFSAID BE ONE+QUARTER OF THE BE ONE-QUARTER; (2) THENCE ALONG SAID WEST LINE OF THE BE ONE-QUARTER OF THE BE ONE-QUARTER. NORTH 00'13'02'WEST 353.22 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 3.56 ACRES, MORE OR LESS. Given and posted this 1st day of September, 2006. Signed Pamela Y. Anderson Pamela Y. Anderson, City Clerk Published in the Wheat Ridge Transcript once per week-for four (4) consecutive weeks beginning September 7, 2006, than September 14, 2006, September 21, 2006, and finally September 28, 2006. Exhibit 1 Resolution No. 4(1 Sgr'es of 2006 - TITLE: - A RESOLUTION FINDING A PETI- TION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTIONS 15 AND 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRIN- CIPAL 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 ANNE)(A- TION. WHEREAS, a written petition for annexation to the City of Wheat Ridge, Colorado of a certain parcel of land as described in attached Exhibit A was filed with the City Clerk and referred by her to the City Council; and WHEREAS, pursuant to C.R.S. Section 31-12-107, Use City Council, sitting as the governing body of the City of Wheat Ridge, Colorado, has reviewed the petition to determine whether there has been sub, scandal compliance with C.R.S. 31-12-107(1); and WHEREAS, the City Council has satisfied itself con. canning 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 sub- stantially complies with C.R.S. Section 31-12. 107(1). Section 2. A public hearing on said petition. shell be conducted at 7:00 pm on the 9th day of October, 2006 at the City of Wheat Ridge Municipal Building which Is located at 7500 W. 2911, Avenue, Wheat Ridge, Colorado, 80215, to determine if the pro- posed annexation complies with C.R.S. Sections 21- 12-IN and 31-12-105 or such part thereof as may be required to establish eligibility under the terms of T4Ie 31, Article 12, Part t, as amended, known as me Municipal Annexation Act of 1965, and the Constitution of the Stale of Colorado, Article 11, Section 30, as amended. Sections. Any person may appear at said hearing and present evidence upon any matter to be deter- mined by the City Council. Section 4. This resolution shall be effective imme- diately upon adoption.- RESOLVED AND PASSED this 281n day o1.AuausL 2006. Signed Jerry DiTullio J E R R Y DiTULLIO, MAYOR ATTEST: Signed Pamela Y. Anderson Pamela Y. Anderson, City Clerk EXHIBIT A LEGAL DESCRIPTION LOT 8, TRACT 3, AND MILLER STREET, AS PLAT- TED IN ARVADA RIDGE, ACCORDING TO THE PLAT RECORDED AT RECEPTION NO. F2143596, AND ANOTHER PORTION OF MILLER STREET, ALL OF WHICH IS LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER COR- NER OF SAID SECTION 16, AND CONSIDERING THE FAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION TO BEAR SOUTH 00°12'10"EAST, WITH ALL BEARINGS CON- TAINED HEREIN, RELATIVE THERETO' THENCE SOUTH 44-55-39-WEST, 1876.58 FEET TO THE NORTHWEST CORNER OF THE SE ONE-QUAR- TER OF THE SE ONE-QUARTER OF SAID SEC- TION 16, BEING ON THE BOUNDARY OF THE RIDGE HOME ANNEXATION AND THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE FOLLOWING TWO COURSES: (1) ALONG THE WEST LINE OF THE NE ONE- QUARTER OF THE BE ONE-QUARTER OF SAID SECTION 16, NORM 00°12'10-WEST 1317.66 FEET TO THE SOUTHWEST CORNER OF THE BE ONE-QUARTER OF THE NE ONE-QUARTER OF SAID SECTION 16; (2) THENCE ALONG THE WEST LINE OF SAID BE ONE-QUARTER OF THE NE ONE-QUARTER, NORTH 00.12'52'WEST 260.14 FEET TO THE SOUTHERLY RIGHT-OF. WAY LINE OF THE BURLINGTON NORTHERN RAILROAD (COLORADO & SOUTHERN), AS DESCRIBED IN COLORADO STATE BOARD OF LAND COMMISSIONERS P.O.W. NO. 1062; THENCE DEPARTING SAID RIDGE HOME ANNEXATION. BOUNDARY, ALONG SAID SOUTHERLY RAILROAD RIGHT-OF-WAY LINE, NORTH 74'40'27'EAST 31.08 FEET TO THE EAST RIGHT-OF-WAY LINE OF MILLER STREET AS PLATTED IN SAID ARVADA RIDGE; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE THE FOLLOWING NINE COURSES: (1) SOUTH 0012.52-EAST 148.74 FEET; (2) THENCE ALONG A CURVE TO THE LEFT HAVING A DELTA OF fg'30'44', A RADIUS OF 570.00 FEET AND AN ARC OF 194.12 FEET; (3) THENCE SOUTH lT43'36'EAST, 105.94 FEET; (4) THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 19°31'26'; A RAbius OF 830.00, FEET AND AN ARC OF 282.83 FEET,, (5) THENCE SOUTH W12'10'EAST 236.82 FEET; (6) THENCE ALONG A CURVE TO THE RIGHT. HAVINGA DELTA OF 17°39'50', A RADIUS OF 730.00 FEET AND AN ARC OF 225.05 FEET; (7) THENCE SOUTH 17°27'39'WEST 164.38 FEET; (8) THENCE ALONG A CURVE TO THE LEFT HAVING A DELTA OF 1739'56', A RADIUS OF 670.00 FEET AND AN ARC OF 206.58 FEET (9) THENCE SOUTH 00°12'1O'EAST 51.33 FEET TO THE NORTH LINE OF SAID SE ONE-QUARTER OF THE BE ONE-QUARTER; THENCE CONTINUING' ALONG THE EAST RIGHT-OF-WAY LINE OF MILLER STREET, BEING 30.00 FEET EAST OF THE WEST LINE OF SAID BE ONE-QUARTER OF THE BE ONE-QUARTER, SOUTH 00.1302'EAST 278.59 FEET TO THE NORTHERLY CORNER OF SAID TRACT 3; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 3, ALONG A CURVE TO THE LEFT HAVING A DELTA OF 105.54'04", A RADIUS OF 50.00 FEET AND AN ARC OF 92.42 FEET TO THE EASTERLY CORNER OF SAID TRACT 3, LOCATED ON 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 AND THE BOUNDARY OF SAID RIDGE HOME ANNEXATION; THENCE ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE FOLLOWING TWO COURSES: - - (1) SOUTH 73°52'64'WEST 97.43 FEET TO THE WEST LINE OF SAID. SE ONE-QUARTER OF THE BE ONE-QUARTER; (2) THENCE ALONG SAID WEST LINE OF THE BE ONE-QUARTER OF THE SE ONE-QUARTER, NORTH 00°13'02"WEST, 353.22 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS First Publication September 7, 2006 Last Publication September 28, 2006 Wheat Ridge Transcript 06506718 NOTICE OF SALE OF LIEN PROPERTY Notice is hereby given that a public auction will be held an September 26, 2006 at 1:00 PM. At 5965 Shandan Blvd. Jefferson County, City of Arvada, CO. The Attic Self Storage will sell to satisfy the lien on property stored at 5965 Sheridan Blvd, Arvada CO. 80003 by the following parsons: - #811 Eddie Martinez 6870 W. 91st Ct. #9-105 Westminster; CO. 80027 This notice is being published on 9-7.06 and 9-14. 06 in the newspaper in accordance with C.R.S. Sect. 3B-21.5-101; (Co. Law) This Is is subject to prior cancellation in the event of settlement between landlord and obligated party. Contact: The Atfic Self Storage 303-456-2882 First Publication September 7, 2006, Last Publication September 14, 2006 Wheat Ridge Transcript 06506650 NOTICE TO CREDITORS Estate of Albino Silvio Mattevi aWa. Albino S. Mattevl, Deceased, Case No. 2006 PR 0753 All persons having claims against the above-named estate are required to present them to the personal representative or to the District Court of Jefferson County, Colorado on or before January 2, 2007, or the claims may be forever barred. Donald F. Mattevi Personal Representative 4o HELM, LESS, SMITH & WILLIAMS, Address: 7910 Ralston Road Arvada, CO 80002 Phone: (303) 4244486 HELM, LESS, SMITH & WILLIAMS, LL.P ATTORNEYS AT LAW Dale H. Helm, #1991 7910 Ralston Road Arvada, CO 80002 Phone: (303) 4244486 Rost Publication August 31, 2006 Second Publication September 7, 2006 Third Publication September 14, 2006 Wheat Ridge Transcript 06506497 Hours: 8:00 Ann - 5:00 PM Monday - Friday 303-279-5541 MileNighNewspapers 3runecky, DC R . Senior Health Home Instead Senior Care : Marketing Berkeley M. Brannon rropractic Ann Allen, CSA - ~ e Marketing Coordinator Iness Chiropractic ` 4704 Harlan St., Ste. 325 vc ' Brannon & Associates Ith Ave., Ste. D Den ver,CO 80212 ~it3tlle•'ILStCaLI 80004_~~ , 4 - (303) 463-1900 336 Email: aallen@denverhise.com " - ineChiro@att.net vy ^ As with seniors like self at \ / theh)au70 sIamon several different. x-.n What is Healthy Advice t Does Chimprac a Cam Ann Allen, CSA. ~Berkele 's un Q from the PJ'os? medications. When a doctor suggests ax- rMe7 aaewmedicationIuvaeeemtaknpwtheright .::e segments are written by area professionals queslionstpask. Doyonhaveanysnggestions7 the healing arts based on the stores. Mile High Newspapers and Brannon & As. rent responsible for the opinions and. 506790 FOR THE I ROM Ali r DENTIAL DISTRICT W. 45M LOFTHE H T. HATS ING. ERAL DAHL, CITY ATTORNEY st publication September 4, 2006 nd publication. rl dt Ridge Transcript 06506789 129we Date or so rcUr 1U mU ro8bn 4 Sever bh It any douse sentence, NORTH LINE SAID SE ONE-0UARTER OF } r is agmph or part of this Zoning Code w the apopit THE SE ONE-QUARTER; ~ lion thereof to any person or arWmsiances shad ! THENCE CONTINUING ALONG THE EAST any reason be adjusted by acourt of competent FIGHT-OF-WAY LINE OF MILLER STREET BEING ~ E , rsdiction invalid, such judgment shall not at eci !..30.00 FEET EAST OF THE WEST LINE OF SAID I 4 i piicafion to other persons or arcumsmnces, SE ONE-OUARTER OF THE SE ONE-0UAR7ER , ai clause, It any prow- SOUTH 00°13'02'EAST 27859 FEET TO THE - m, requ rements or standard estabTsheU by this i NORTHERLY CORNER OF SAID TRACT 3' dinancesfound to con6¢t win similarprovawe5 "THENCE ALON Noticea he, 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, held on Sep JEFFERSON COUNTY COLORADO BEING : . G THE NORTHERLY BOUNDARY luiremenls or standards found elsewhere m me OF SAID TRACT 3, ALONG A. CURVE TO THE , , Shendan Bt 'DESCRIBED AS FOLLOWS: i CO The A* de of Laws of the City of Wheal Ridge, which are LEFT HAVING A DELTA OF 105°54(Nf%A RADIUS i COMMENCING AT THE EAST QUARTER CAR , Pmperbl, ex stence as of me data of adopt= of this 1 OF 50.00 FEET AND AN ARC OF 92.42 FEET TO NER OF SAID SECTION 46. AND CONSIDERING ` CO 800031 ]finance, the provisloos, requirements and Stan THE EASTERLY CORNER OF SAID TRACT 3 THE EAST LINE OF THE SOUTHEAST QUARTER' Nit Eddie ids here shall supersede and prevail : 'LOCATED ON THE NORTHWESTERLY UNE OF OF SAID SECTION TO BEAR SOUTH j Wesininlaw cdon6 This Ordinance shall take effect 15 THE PUBLIC SERVICE COMPANY EASEMENT 00°1210'EAST WITH ALL BEARINGS CON Thsnodcel , rs otter final publiw5on. AS DESCRIBED IN COLORADO STATE BOARD RODUCED, READ AND ADOPTED 'on fvst OF LAND COM TAINED HEREIN, RELATIVE THERETO; THENCE ' 66 in the -n ` SOUTH 44°55'39`WEST 1876 58 FEET TO THE , MISSIONERS BOOK 10 FLOW. Ong by a vote of T to 0 w this 11m' day of NO. 1(349 AND THE BOUNDARY OF SAID RIDGE . . SSG 3g-214 - NORTHWEST CORNER OF THE SE ONE-GUAR- al i zember 2006, ordered Published In full in a 'HOME ANNEXATION; THENCE ALONG SAID vspaper of general ciraotabw in the CM 19 I RIDGE or cahc k pr - TER OF THE BE ONE-QUARTER OF SAID SEC- 1 landlord and TION 16 BEING ON THE BOUNDARY OF THE , HOME ANNEXATION BOUNDARY THE net Ridge and Public. Hearing and cansd,nIsm ; FOLLOWING TWO COURSES. final passage set for October M It 7:00 . it) SOUTH 2006 ` - W , Storage 303 RIDGE HOME ANNEXATION AND THE POINT OF East Pubsoa 1 BEGINNING OF THIS DESCRIPTION THENCE . I , 73 5V!VI EST. 9743 FEET TO THE k . ; , Last Pubike 1 oc . p. m.. In me Council Chambers 750, West t WEST LINE OF SAID SE ONE-QUARTER OF THE ALONG SAO RIDGE HOME ANNEXATION Wheat Ridgr ,Avenue, Wheat Ridge, Colorado. I SE ONE-QUARTER; '(2) THENCE ALONG SAID :BOUNDARY THE FOLLOWING TWO COURSES: - 40, ADOPTED AND ORDERED PUBLISHED i WEST LINE OF THE SE ONE-QUARTER OF THE It) ALONG THE WEST LINE OF THE NE ONE- - scroond aild final reacting by a vote of to BE CONE-QUARTER, NORTH wT3'021WEST QUARTER OF THE SE ONE-QUARTER OF SAID -1 , . ths_day of 135322 FEET TO THEPOINT OF BEGINNING SECTION 1Q NORTH W 12'10'WEST, 1317.66 Dm 6. { THE ABOVE DESCRIBED PARCEL CONTA N : FEETTO.THE SOUTHWEST CORNER OF THE SE All personsI I S NED by the Mayor on this _ day of j 3.56 ACRES, MORE OR LESS.. ' ONE-QUARTER OF THE NE ONE-QUARTER OF eslale are a .2006 Given and posted midst day of September 2006 SAID SECTION 16; (2) THENCE ALONG THE represenfafn : ' . FRY OITULUO, MAYOR Signed P Y. Anderson County, f ESTLINE OF SAID SE ONE-QUARTER RT E City C EST m . Anderson Faish Y. eison; ily Clerk f N 0 52'WE NE ONE-OUAHTER. NORTH 0°12'S2'WEST, the darmsm t w Lela Y. Anderson, City Clerk J Published in in d the Wheat Rid e Transcript 260 14 FEET TO THE SOUTHERLY RIGHT-OF- g once per 'ROVED AS TO FORM BY CITY ATTORNEY for week for I WAY LINE . OF THE RTH BURLINGTON NO ERN NOTICE OF. PUBLIC HEARING ' n August 2a 2006, me Wheat Ridge City Council (opted Resolution No 40, Series .20%. a U xmh Range 69 West oI the'Sixm Madded, County of Jefferson. Slate of C, OFTHE be lo substantal `OMPJAnce with. Secti F SEC- 107(1), Colorado Revised Staklas and 3 WEST heanng date to consider the annexall, iRIBED said Resolution, is attached hereto as Ext 11.- NOTICE IS HEREBY GIVEN of a'oubl or our. (4) conmaculive weeks begmn4y) eptember 7, 2006, then aptember 14,.2005. eptetnber 21, 2006, and finally eptember 28, 2006. xhlb;t 1 madded No. 40 ides of 2006 TLE: A RESOLUTION FINDING A PET)_ ON FOR ANNEXATION OFA PARCEL OF LAND )GATED IN SECTIONS 15 AND 16, TOWNSHIP SOUTH, RANGE 69 WEST OF THE SIXTH PRIN. PAL: MERIDIAN; COUNTY OF JEFFERSON, [ATE OF COLORADO, TO BE IN SUBSTANTIAL DMPLIANCE WITH.: SECTION. 31-12-107(1), )LORADO REVISED STATUTES AND SETTING HEARING DATE TO CONSIDER THE ANNEXA- DN: HEREAS a written petition for annexation to the ry of. Wheal Hidge,. Coloado of a certain parcel of Id Is desaibed In attached Exhibit A was filed S the City Clerk and referred by her, to the City wiled; and OAD'. (COLORADO SOUTHERN),. AS ; tiBED IN COLORADO STATE BOARD OF COMMISSIONERS R.O.W NO 1062; :E DEPARTING SAID RIDGE :HOME (ATiON BOUNDARY: ALONG` SAID r HE IERLY RAILROAD RIGHT-OF-WAY LINE, {<74°40'27'EAST, 31.08 FEET TO THE RIGHT-OF-WAY LINE OF MILLER STREET ll 1TTED IN SAID ARVADA RIDGE; THENCE , r. SAID EAST RIGHT-0F-WRY LINE THE WING NINE COURSES: 1 First Pula ca i UTH 00°12'52'EAST 14874 FEET, (2) SM, PUb E ALONG A CURVE TO THE LEFT HAVING ' Third Public A OF 19°30'44', A RADIUS OF 570.00 FEET Wheat Riol_)i N, ARC OF 194.12 FEET, (3) THENCE 19°43'36'EAST,105.94FEET;(4)THENCE 1 ACURVE TO THE. RIGHT HAVING A pen OF 19°3126', A RADIUS OF 830.00 FEET All persons I N ARC OF 282.83 FEET; (5) THENCE . estate are g 00°1210'EAST 236 82 FEET; (6) THENCE ` reptaln A CURVE TO'THERIGHT .HAVING A Cm,mv.R-k ( ARC OF 2N,SE1 FEET, (9) THENCE W-12'10-EAST, 51.33 FEET TO THE LINE OF SAID SE ONEOUARTER Of ONE-QUARTER; CONTINUING ALONG -THE.'EASI NOTICE OF PUBLIC HEARING On August 28, 2006, the Wheat Ridge City Council adopted Resolution No 40, Series 2006, a Resolution finding a petition for annexation of a parcel of land located in Sections 15 and 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. A copy of said Resolution is attached hereto as Exhibit 1. NOTICE IS HEREBY GIVEN of a public hearing before the City Council of the City of Wheat Ridge, Colorado, to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., or such parts thereof as may be required to establish eligibility under the terms of Section 21-12-101, C.R.S., et seq. and the Constitution of the State of Colorado, Article 11, Section 30, as amended. The hearing will take place on October 9, 2006 at 7:00 p.m. or as soon as possible thereafter, at the City Council Chambers at 7500 West 29th Avenue, Wheat Ridge, Colorado. Any person may appear at said hearing and present evidence upon any matter to be determined by the City Council. The property proposed for annexation is more particularly described as follows: LOT 8, TRACT 3, AND MILLER STREET, AS PLATTED IN ARVADA RIDGE, ACCORDING TO THE PLAT RECORDED AT RECEPTION NO. F2143596, AND ANOTHER PORTION OF MILLER STREET, ALL OF WHICH IS LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 16, AND CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION TO BEAR SOUTH 00°12'10"EAST, WITH ALL BEARINGS CONTAINED HEREIN, RELATIVE THERETO; THENCE SOUTH 44°55'39"WEST, 1876.58 FEET TO THE NORTHWEST CORNER OF THE SE ONE-QUARTER OF THE SE ONE-QUARTER OF SAID SECTION 16, BEING ON THE BOUNDARY OF THE RIDGE HOME ANNEXATION AND THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE FOLLOWING TWO COURSES: (1) ALONG THE WEST LINE OF THE NE ONE-QUARTER OF THE SE ONE-QUARTER OF SAID SECTION 16, NORTH 00°12'10"WEST, 1317.66 FEET TO THE SOUTHWEST CORNER OF THE SE ONE-QUARTER OF THE NE ONE-QUARTER OF SAID SECTION 16; (2) THENCE ALONG THE WEST LINE OF SAID SE ONE-QUARTER OF THE NE ONE- QUARTER, NORTH 00°12'52"WEST, 260.14 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN RAILROAD (COLORADO & SOUTHERN), AS DESCRIBED IN COLORADO STATE BOARD OF LAND COMMISSIONERS R.O.W. NO. 1062; THENCE DEPARTING SAID RIDGE HOME ANNEXATION BOUNDARY, ALONG SAID SOUTHERLY RAILROAD RIGHT-OF-WAY LINE, NORTH 74°40'27"EAST, 31.08 FEET TO THE EAST RIGHT-OF-WAY LINE OF MILLER STREET AS PLATTED IN SAID ARVADA RIDGE; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE THE FOLLOWING NINE COURSES: (1) SOUTH 00°12'52"EAST, 148.74 FEET; (2) THENCE ALONG A CURVE TO THE LEFT HAVING A DELTA OF 19°30'44", A RADIUS OF 570.00 FEET AND AN ARC OF 194.12 FEET; (3) THENCE SOUTH 19°43'36"EAST, 105.94 FEET; (4) THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 19°31'26", A RADIUS OF 830.00 FEET AND AN ARC OF 282.83 FEET; (5) THENCE SOUTH 00°12'10"EAST, 236.62 FEET; (6) THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 17°39'50", A RADIUS OF 730.00 FEET AND AN ARC OF 225.05 FEET; (7) THENCE SOUTH 17°27'39"WEST, 164.38 FEET; (8) THENCE ALONG A CURVE TO THE LEFT HAVING A DELTA OF 17°39'56", A RADIUS OF 670.00 FEET AND AN ARC OF 206.58 FEET; (9) THENCE SOUTH 00°12'10"EAST, 51.33 FEET TO THE NORTH LINE OF SAID SE ONE-QUARTER OF THE SE ONE-QUARTER; THENCE CONTINUING ALONG THE EAST RIGHT-OF-WAY LINE OF MILLER STREET, BEING 30.00 FEET EAST OF THE. WEST LINE OF SAID SE ONE-QUARTER OF THE SE ONE-QUARTER, SOUTH 00°13'02"EAST, 278.59 FEET TO THE NORTHERLY CORNER OF SAID TRACT 3; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 3, ALONG A CURVE TO THE LEFT HAVING A DELTA OF 105°54'04", A RADIUS OF 50.00 FEET AND AN ARC OF 92.42 FEET TO THE EASTERLY CORNER OF SAID TRACT 3, LOCATED ON 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 AND THE BOUNDARY OF SAID RIDGE HOME ANNEXATION; THENCE ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE FOLLOWING TWO COURSES: (1) SOUTH 73°52'54"WEST, 97.43 FEET TO THE WEST LINE OF SAID SE ONE-QUARTER OF THE SE ONE-QUARTER; (2) THENCE ALONG SAID WEST LINE OF THE SE ONE- QUARTER OF THE SE ONE-QUARTER, NORTH 00°13'02"WEST, 353.22 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 3.56 ACRES, MORE OR LESS. Given and posted this 1st day of September, 2 amela Y. rson, City Clerk Published in the Wheat Ridge Transcript once per week for four (4) consecutive weeks beginning September 7, 2006, then September 14, 2006, September 21, 2006, and finally September 28, 2006. Exhibit 1 Resolution No. 40 Series of 2006 TITLE: A RESOLUTION FINDING A PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTIONS 15 AND 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 a certain parcel of land as described in attached Exhibit A was filed with the City Clerk and referred by her 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 9th day of October, 2006 at the City of Wheat Ridge Municipal Building which is located at 7500 W. 29th Avenue, Wheat Ridge, Colorado, 80215, 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 28th day of August, 2006. JERRY DITULLIO, MAYOR ATTEST: Pamela Y. Anderson, City Clerk EXHIBIT A LEGAL DESCRIPTION LOT 8, TRACT 3, AND MILLER STREET, AS PLATTED IN ARVADA RIDGE, ACCORDING TO THE PLAT RECORDED AT RECEPTION NO. F2143596, AND ANOTHER PORTION OF MILLER STREET, ALL OF WHICH IS LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 16, AND CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION TO BEAR SOUTH 00°12'10"EAST, WITH ALL BEARINGS CONTAINED HEREIN, RELATIVE THERETO; THENCE SOUTH 44°55'39"WEST, 1876.58 FEET TO THE NORTHWEST CORNER OF THE SE ONE-QUARTER OF THE SE ONE-QUARTER OF SAID SECTION 16, BEING ON THE BOUNDARY OF THE RIDGE HOME ANNEXATION AND THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE FOLLOWING TWO COURSES: (1) ALONG THE WEST LINE OF THE NE ONE-QUARTER OF THE SE ONE-QUARTER OF SAID SECTION 16, NORTH 00°12'10"WEST, 1317.66 FEET TO THE SOUTHWEST CORNER OF THE SE ONE-QUARTER OF THE NE ONE-QUARTER OF SAID SECTION 16; (2) THENCE ALONG THE WEST LINE OF SAID SE ONE-QUARTER OF THE NE ONE- QUARTER, NORTH 00°12'52"WEST, 260.14 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN RAILROAD (COLORADO & SOUTHERN), AS DESCRIBED IN COLORADO STATE BOARD OF LAND COMMISSIONERS R.O.W. NO. 1062; THENCE DEPARTING SAID RIDGE HOME ANNEXATION BOUNDARY, ALONG SAID SOUTHERLY RAILROAD RIGHT-OF-WAY LINE, NORTH 74°40'27"EAST, 31.08 FEET TO THE EAST RIGHT-OF-WAY LINE OF MILLER STREET AS PLATTED IN SAID ARVADA RIDGE; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE THE FOLLOWING NINE COURSES: (1) SOUTH 00°12'52"EAST, 148.74 FEET; (2) THENCE ALONG A CURVE TO THE LEFT HAVING A DELTA OF 19°30'44", A RADIUS OF 570.00 FEET AND AN ARC OF 194.12 FEET; (3) THENCE SOUTH 19°43'36"EAST, 105.94 FEET; (4) THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 19°31'26", A RADIUS OF 830.00 FEET AND AN ARC OF 282.83 FEET; (5) THENCE SOUTH 00°12'10"EAST, 236.62 FEET; (6) THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 17°39'50", A RADIUS OF 730.00 FEET AND AN ARC OF 225.05 FEET; (7) THENCE SOUTH 17°27'39"WEST, 164.38 FEET; (8) THENCE ALONG A CURVE TO THE LEFT HAVING A DELTA OF 17°39'56", A RADIUS OF 670.00 FEET AND AN ARC OF 206.58 FEET; (9) THENCE SOUTH 00°12'10"EAST, 51.33 FEET TO THE NORTH LINE OF SAID SE ONE-QUARTER OF THE SE ONE-QUARTER; THENCE CONTINUING ALONG THE EAST RIGHT-OF-WAY LINE OF MILLER STREET, BEING 30.00 FEET EAST OF THE WEST LINE OF SAID SE ONE-QUARTER OF THE SE ONE-QUARTER, SOUTH 00° 13'02"EAST, 278.59 FEET TO THE NORTHERLY CORNER OF SAID TRACT 3; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 3, ALONG A CURVE TO THE LEFT HAVING A DELTA OF 105°54'04", A RADIUS OF 50.00 FEET AND AN ARC OF 92.42 FEET TO THE EASTERLY CORNER OF SAID TRACT 3, LOCATED ON 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 AND THE BOUNDARY OF SAID RIDGE HOME ANNEXATION; THENCE ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE FOLLOWING TWO COURSES: (1) SOUTH 73°52'54"WEST, 97.43 FEET TO THE WEST LINE OF SAID SE ONE-QUARTER OF THE SE ONE-QUARTER; (2) THENCE ALONG SAID WEST LINE OF THE SE ONE- QUARTER OF THE SE ONE-QUARTER, NORTH 00°13'02"WEST, 353.22 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 3.56 ACRES, MORE OR LESS. Resolution No. 40 Series of 2006 TITLE: A RESOLUTION FINDING A PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTIONS 15 AND 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 a certain parcel of land as described in attached Exhibit A was filed with the City Clerk and referred by her 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 9' day of October, 2006 at the City of Wheat Ridge Municipal Building which is located at 7500 W. 29t' Avenue, Wheat Ridge, Colorado, 80215, 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 28thday of August 2006. A/A,N` JE Y TULLIO, MAYOR A ST: GLW lQ0. ' rZ;rF' H APamela Y. AnderCity Clerk < A_ 1 EXHIBIT A LEGAL DESCRIPTION LOT 8, TRACT 3, AND MILLER STREET, AS PLATTED IN ARVADA RIDGE, ACCORDING TO THE PLAT RECORDED AT RECEPTION NO. F2143596, AND ANOTHER PORTION OF MILLER STREET, ALL OF WHICH IS LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 16, AND CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION TO BEAR SOUTH 00°12'10"EAST, WITH ALL BEARINGS CONTAINED HEREIN, RELATIVE THERETO; THENCE SOUTH 44°55'39"WEST, 1876.58 FEET TO THE NORTHWEST CORNER OF THE SE ONE-QUARTER OF THE SE ONE- QUARTER OF SAID SECTION 16, BEING ON THE BOUNDARY OF THE RIDGE HOME ANNEXATION AND THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE FOLLOWING TWO COURSES: (1) ALONG THE WEST LINE OF THE NE ONE-QUARTER OF THE SE ONE- QUARTER OF SAID SECTION 16, NORTH 00°12'10"WEST, 1317.66 FEET TO THE SOUTHWEST CORNER OF THE SE ONE-QUARTER OF THE NE ONE-QUARTER OF SAID SECTION 16; (2) THENCE ALONG THE WEST LINE OF SAID SE ONE- QUARTER OF THE NE ONE-QUARTER, NORTH 00°12'52"WEST, 260.14 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN RAILROAD (COLORADO & SOUTHERN), AS DESCRIBED IN COLORADO STATE BOARD OF LAND COMMISSIONERS R.O.W. NO. 1062; THENCE DEPARTING SAID RIDGE HOME ANNEXATION BOUNDARY, ALONG SAID SOUTHERLY RAILROAD RIGHT-OF-WAY LINE, NORTH 74°40'27"EAST, 31.08 FEET TO THE EAST RIGHT-OF-WAY LINE OF MILLER STREET AS PLATTED IN SAID ARVADA RIDGE; THENCE ALONG SAID EAST RIGHT-OF- WAY LINE THE FOLLOWING NINE COURSES: (1) SOUTH 00°12'52"EAST, 148.74 FEET; (2) THENCE ALONG A CURVE TO THE LEFT HAVING A DELTA OF 19°30'44", A RADIUS OF 570.00 FEET AND AN ARC OF 194.12 FEET; (3) THENCE SOUTH 19°43'36"EAST, 105.94 FEET; (4) THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 19031'26", A RADIUS OF 830.00 FEET AND AN ARC OF 282.83 FEET; (5) THENCE SOUTH 00°12'10"EAST, 236.62 FEET; (6) THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 17°39'50", A RADIUS OF 730.00 FEET AND AN ARC OF 225.05 FEET; (7) THENCE SOUTH 17°27'39"WEST, 164.38 FEET; (8) THENCE ALONG A CURVE TO THE LEFT HAVING A DELTA OF 17°39'56", A RADIUS OF 670.00 FEET AND AN ARC OF 206.58 FEET; (9) THENCE SOUTH 00°12'10"EAST, 51.33 FEET TO THE NORTH LINE OF SAID SE ONE-QUARTER OF THE SE ONE- QUARTER; THENCE CONTINUING ALONG THE EAST RIGHT-OF-WAY LINE OF MILLER STREET, BEING 30.00 FEET EAST OF THE WEST LINE OF SAID SE ONE- QUARTER OF THE SE ONE-QUARTER, SOUTH 00°13'02"EAST, 278.59 FEET TO THE NORTHERLY CORNER OF SAID TRACT 3; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 3, ALONG A CURVE TO THE LEFT HAVING A DELTA OF 105°54'04", A RADIUS OF 50.00 FEET AND AN ARC OF 92.42 FEET TO THE EASTERLY CORNER OF SAID TRACT 3, LOCATED ON 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 AND THE BOUNDARY OF SAID RIDGE HOME ANNEXATION; THENCE ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE FOLLOWING TWO COURSES: (1) SOUTH 73052'54"WEST, 97.43 FEET TO THE WEST LINE OF SAID SE ONE- QUARTER OF THE SE ONE-QUARTER; (2) THENCE ALONG SAID WEST LINE OF THE SE ONE-QUARTER OF THE SE ONE-QUARTER, NORTH 00°13'02"WEST, 353.22 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 3.56 ACRES, MORE OR LESS of wRe r ITEM NO: ~ Ro U m REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 28, 2006 TITLE: RESOLUTION NO. 40: A RESOLUTION FINDING A PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTIONS 15 AND 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. ❑ PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ® RESOLUTIONS Quasi-Judicial: ❑ n Yes No ~ Community Development Director EXECUTIVE SUMMARY: City Manager An annexation petition was submitted to the City on April 28, 2006 by Coors Brewing Company who owns property located at the northwest corner of Miller Street and W. 50th Avenue (Coors Glass Plant). The Municipal Annexation Act establishes the procedures for annexation of unincorporated territory by a municipality. The first step is the presentation of the 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. Under an intergovernmental agreement between Wheat Ridge and Arvada, Wheat Ridge agreed to annex this parcel. Under the statutes, territory is eligible to be annexed if more than 50% of the owners of more than 50% of the land sought to be annexed 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, that the area is urban or will be urban in the near future, and that said area is or is capable of being integrated with the annexing municipality. The issue of annexation of this property was brought before City Council on May 22, 2006 where the annexation petition was tabled so work could proceed on the planning documents. This item is related to Council's strategic goals of planning for growth and opportunities, and establishing a strong partnership between the City and the community. COMMISSION/BOARD RECOMMENDATION: None. Only City Council acts upon annexation petitions. STATEMENT OF THE ISSUES: If City Council approves the annexation on October 9, 2006, under the Municipal Annexation Act, the City is required to zone the property within 90 days. The zoning request, Outline Development Plan and Final Development Plan and plat with a street right-of-way vacation will be considered the same night as the annexation, therefore this requirement will be met. Planning Commission reviewed and recommended approval of the planning documents (zone change and Outline Development Plan, Final Development Plan and plat) on July 20, 2006. 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 landowners owning more than 50% of the land proposed for annexation. The area is surrounded by urban development and the area is capable of being integrated with the City. The area meets the annexation eligibility requirements established in the Municipal Annexation Act. ALTERNATIVES CONSIDERED: The CityCouncil under the Wheat Ridge Code of Laws has two options to consider with the petitions: 1. Adopt a motion adopting the resolution. 2. Adopt a motion to not adopt the resolution. FINANCIAL IMPACT: The annexation of the property will create an immediate responsibility of the City to provide police protection. Given the small size of the property, this should not be a substantial burden. The City will receive property tax revenues generated by the improvements on the property. One-time fees for annexation, zoning and the review of other documents were submitted with the land use process application. RECOMMENDED MOTIONS: "I move to adopt Resolution No. 40, finding the Coors Glass Plant annexation to be eligible for annexation and setting a hearing date to consider annexing the property on October 9, 2006." Report Prepared by: Meredith Reckert (303-235-2848) Reviewed by: Alan White Attachments: 1. Annexation Petition 2. Resolution No. 40 with attachments Request for City Council Action-report form PETITION FOR ANNEXATION TO: THE CITY OF THE CITY OF WHEAT RIDGE, COLORADO RE: PROPERTY KNOWN AS: Lot 8, Arvada Ridge The undersigned landowners, in accordance with the provisions of Title 31, Article 12, Part 1, C.R.S. and known as the Municipal Annexation act of 1965, as amended, hereby petition the City Council for annexation to the City of Wheat Ridge the following described unincorporated area situate and being in the County of Jefferson, and State of Colorado, to wit: (See attached Exhibit A attached hereto and incorporated herein by reference.) Your petitioners further state as follows: 1. That it is desirable and necessary that such area be annexed to the City of Wheat Ridge, Colorado. 2. That the area sought to be annexed meets the requirements of Sections 31-12-104 and 105, as amended, of the Municipal annexation Act of 1965, in that: A. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the existing boundaries of the City of Wheat Ridge, Colorado. B. A community of interest exists between the area proposed to be annexed and the City of Wheat Ridge, Colorado. C. The area proposed to be annexed is urban or will be urban in the near future and said area is integrated or is capable of being integrated with the City of Wheat Ridge, Colorado. D. No land held in identical ownership, whether consisting of one tract or parcel or real estate or two or more contiguous tracts or parcels of real estate: (1) is divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels are separated by a dedicated street, road, or other public way. (2) comprising 20 acres or more and which, together with the buildings and improvements situated thereon, has a valuation of assessment in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the annexation, is included within the area proposed to be annexed without the written consent of the landowner or landowners. {00065684.DOC/} ATTACHMENT 1 E. No annexation proceedings have been commenced for the annexation to another municipality of part or all to the territory proposed to be annexed. F. The annexation of the area proposed to be annexed will not result in the detachment of the area from any school district and the attachment of same to another school district. G. The annexation of the area proposed to be annexed will not have the effect of extending the boundary of the City of Wheat Ridge more than three miles in any direction from any point of the City's boundary in any one year. H. If a portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the area to be annexed. 1. Reasonable access shall not be denied to landowners, owners of easements or the owners of franchises, adjoining any platted street or alley to be annexed that will not be bordered on both sides by the City of Wheat Ridge. 3. That attached hereto and incorporated herein by reference are four (4) prints of the annexation map, containing the following information: A. A written legal description of the boundaries for the area proposed to be annexed: B. A map showing the boundary of the area proposed to be annexed; C. Within the annexation boundary map, a showing of the location of each ownership tract of unplatted land, and, with respect to any area which is platted, the boundaries and the plat numbers of plots or lots and blocks; D. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the City of Wheat Ridge and the contiguous boundary of any other municipality abutting the area proposed to be annexed. 4. That the petitioners are the landowners of more than fifty percent (50%) of the area sought to be annexed, exclusive of streets and alleys. 5. That all of the petitioners signed this Petition for annexation no more than 180 days prior to the date of filing of this Petition for Annexation. 6. That this Petition for annexation satisfies the requirements of Article H, Section 30, of the Constitution of Colorado in that it is signed by persons comprising more than fifty percent (50%) of the landowners in the area proposed to be annexed who own more than fifty percent (50%) of said area, excluding public streets and alleys and any land owned by the City of Wheat Ridge. {00065684.DOC/} 7. That upon the Annexation Ordinance becoming effective, all lands within the area sought to be annexed shall become subject to the ordinances, resolutions, rules and regulations of the City of Wheat Ridge, except for general property taxes which shall become effective on January 1 of the next succeeding year following passage of the Annexation Ordinance. Therefore, your petitioners respectfully request that the City Council of the City of Wheat Ridge, Colorado, approve the annexation of the area proposed to be annexed. Whenever from the context it appears appropriate, each term stated in either the singular or plural will include the other, and pronouns stated in either the masculine, feminine or the neuter gender will include each of the other genders. Signature of Date of Mailing Address Signature of Landowner Legal Description of Land Owned Nathaniel C. Boggs Chief Legal Officer & Group VP for Public Affairs P.O. Box 4030, NH 314 Golden, CO 80401 See EXHIBIT A (Attached) {00065684.DOC/} EXHIBIT A LOT 8, ARVADA RIDGE, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 14, 2004 AT RECEPTION NUMBER F2143596, COUNTY OF JEFFERSON, STATE OF COLORADO. {00065684.DOC/} AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and says: That (he or she) was the circulator of the foregoing Petition for Annexation of lands to the City of Wheat Ridge, Colorado, consisting of pages, including this page, and that each signature thereon was witnessed by your affiant and is the true signature of the person whose name it purports to be. STATE OF COLORADO ) ) COUNTY OE~ n-j The foregoing Affidavit of Circulator was subscribed and sworn to before me this 5aLl_ day of Vk Q 200 to , by N e-, i 3 a %,e i My Commission expires: jANIECE A. GURULE Notar%/ Public State of Colorado (SEW n'isslon Expires Aug. 22, 2006 F-Om .X" N r Public {00065684.DOC/1 Lot 8 Arvada Ridge Annexation area - c .Q Y W. 50th Ave. Right-of way City Boundary ® Proposed annexation area \N , 50th Pie. W. 1 70 Frontage Rd ®N.T. S. Resolution No. 40 Series of 2006 TITLE: A RESOLUTION FINDING A PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTIONS 15 AND 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 a certain parcel of land as described in attached Exhibit A was filed with the City Clerk and referred by her 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 9th day of October, 2006 at the City of Wheat Ridge Municipal Building which is located at 7500 W. 29th Avenue, Wheat Ridge, Colorado, 80215, 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 11, 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 day of 2006. ATTACHMENT 2 JERRY DITULLIO, MAYOR ATTEST: Pamela Y. Anderson, City Clerk EXHIBIT A LEGAL DESCRIPTION LOT 8, TRACT 3, AND MILLER STREET, AS PLATTED IN ARVADA RIDGE, ACCORDING TO THE PLAT RECORDED AT RECEPTION NO. F2143596, AND ANOTHER PORTION OF MILLER STREET, ALL OF WHICH IS LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 16, AND CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION TO BEAR SOUTH 00°12'10"EAST, WITH ALL BEARINGS CONTAINED HEREIN, RELATIVE THERETO; THENCE SOUTH 44°55'39"WEST, 1876.58 FEET TO THE NORTHWEST CORNER OF THE SE ONE-QUARTER OF THE SE ONE- QUARTER OF SAID SECTION 16, BEING ON THE BOUNDARY OF THE RIDGE HOME ANNEXATION AND THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE FOLLOWING TWO COURSES: (1) ALONG THE WEST LINE OF THE NE ONE-QUARTER OF THE SE ONE- QUARTER OF SAID SECTION 16, NORTH 00°12'10"WEST, 1317.66 FEET TO THE SOUTHWEST CORNER OF THE SE ONE-QUARTER OF THE NE ONE-QUARTER OF SAID SECTION 16; (2) THENCE ALONG THE WEST LINE OF SAID SE ONE- QUARTER OF THE NE ONE-QUARTER, NORTH 00°12'52"WEST, 260.14 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN RAILROAD (COLORADO & SOUTHERN), AS DESCRIBED IN COLORADO STATE BOARD OF LAND COMMISSIONERS R.O.W. NO. 1062; THENCE DEPARTING SAID RIDGE HOME ANNEXATION BOUNDARY, ALONG SAID SOUTHERLY RAILROAD RIGHT-OF-WAY LINE, NORTH 74°40'27"EAST, 31.08 FEET TO THE EAST RIGHT-OF-WAY LINE OF MILLER STREET AS PLATTED IN SAID ARVADA RIDGE; THENCE ALONG SAID EAST RIGHT-OF- WAY LINE THE FOLLOWING NINE COURSES: (1) SOUTH 00°12'52"EAST, 148.74 FEET; (2) THENCE ALONG A CURVE TO THE LEFT HAVING A DELTA OF 19°30'44", A RADIUS OF 570.00 FEET AND AN ARC OF 194.12 FEET; (3) THENCE SOUTH 19°43'36"EAST, 105.94 FEET; (4) THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 19°31'26", A RADIUS OF 830.00 FEET AND AN ARC OF 282.83 FEET; (5) THENCE SOUTH 00°12'10"EAST, 236.62 FEET; (6) THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 17°39'50", A RADIUS OF 730.00 FEET AND AN ARC OF 225.05 FEET; (7) THENCE SOUTH 17°27'39"WEST, 164.38 FEET; (8) THENCE ALONG A CURVE TO THE LEFT HAVING A DELTA OF 17°39'56", A RADIUS OF 670.00 FEET AND AN ARC OF 206.58 FEET; (9) THENCE SOUTH 00°12'10"EAST, 51.33 FEET TO THE NORTH LINE OF SAID SE ONE-QUARTER OF THE SE ONE- QUARTER; THENCE CONTINUING ALONG THE EAST RIGHT-OF-WAY LINE OF MILLER STREET, BEING 30.00 FEET EAST OF THE WEST LINE OF SAID SE ONE- QUARTER OF THE SE ONE-QUARTER, SOUTH 00°13'02"EAST, 278.59 FEET TO THE NORTHERLY CORNER OF SAID TRACT 3; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 3, ALONG A CURVE TO THE LEFT HAVING A DELTA OF 105°54'04", A RADIUS OF 50.00 FEET AND AN ARC OF 92.42 FEET TO THE EASTERLY CORNER OF SAID TRACT 3, LOCATED ON 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 AND THE BOUNDARY OF SAID RIDGE HOME ANNEXATION; THENCE ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE FOLLOWING TWO COURSES: (1) SOUTH 73°52'54"WEST, 97.43 FEET TO THE WEST LINE OF SAID SE ONE- QUARTER OF THE SE ONE-QUARTER; (2) THENCE ALONG SAID WEST LINE OF THE SE ONE-QUARTER OF THE SE ONE-QUARTER, NORTH 00°13'02"WEST, 353.22 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 3.56 ACRES, MORE OR LESS. ITEM NO: ;of WHEgT9 U REQUEST FOR CITY COUNCIL ACTION ~~GORA~O COUNCIL MEETING DATE: August 28, 2006 o T- TITLE: COUNCIL BILL NO. 18: AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE UNINCORPORATED TERRITORY KNOWN AS PARCEL 8, ARVADA RIDGE, LOCATED IN JEFFERSON COUNTY. ❑ PUBLIC HEARING ® ORDINANCES FOR 1 ST READING (August 28, 2006) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No Community Development Director EXECUTIVE SUMMARY: City Manager Under the Municipal Annexation Act, the annexation of property to a municipality must be accomplished by ordinance. Adoption of the attached ordinance on first reading sets the public hearing to consider the annexation of Lot 8, Arvada Ridge for which an annexation petition was submitted to the City on April 28, 2006. This City Council action is related to Goal 2 of the Strategic Plan of planning for growth and opportunities and Goal 3 for establishing a strong partnership between the City and the community. COMMISSION/BOARD RECOMMENDATION: None. Only City Council acts upon annexation petitions. STATEMENT OF THE ISSUES: Under the Municipal Annexation Act, the City is required to zone the property within 90 days of adoption of the annexation petition. The rezoning request and Outline Development Plan will be acted on the same night as the annexation hearing so that this requirement will be met. City Council will also decide upon a Final Development Plan and plat with a right-of-way vacation on the same night. Planning Commission reviewed and recommended approval of the planning documents (zone change and Outline Development Plan, Final Development Plan and plat) on July 20, 2006. 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 landowners owning more than 50% of the land proposed for annexation. The area is surrounded by urban development and the area is capable of being integrated with the City. The area meets the annexation eligibility requirements established in the Municipal Annexation Act. ALTERNATIVES CONSIDERED: The City Council has two options to consider with the ordinance: 1. Adopt a motion to adopt the ordinance. 2. Adopt a motion to table the ordinance indefinitely. FINANCIAL IMPACT: The annexation of the property will create an immediate responsibility of the City to provide police protection. Given the small size of the property, this should not be a substantial burden. The Citywill receive property tax revenues generated by the improvements on the property. One-time fees for annexation, zoning and the review of other documents were submitted with the land use process application. RECOMMENDED MOTIONS: "I move to approve Council Bill No. 18 on first reading, order it published, public hearing set for Monday, October 9, 2006 at 7:00 p.m. in City Council Chambers and that it take effect immediately upon adoption." Report Prepared by: Meredith Reckert (303-235-2848) Reviewed by: Alan White Attachments: 1. Council Bill No. 18 with attachments Request for City Council Action-report form INTRODUCED BY COUNCIL MEMBER Council Bill No. 18-2006 Ordinance No. Series of 2006 TITLE: AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE UNINCORPORATED TERRITORY KNOWN AS PARCEL 8, ARVADA RIDGE LOCATED IN JEFFERSON COUNTY WHEREAS, pursuant to the laws of the State of Colorado there was presented to the City Council of the City of Wheat Ridge, Colorado, a written petition for annexation to the City of Wheat Ridge that property described in attached Exhibit A, being contiguous unincorporated territory contiguous to the City and lying the County of Jefferson, State of Colorado (the property); and WHEREAS, the Property is further described on the Annexation Map attached hereto as Exhibit B; and WHEREAS, the Petitioner constitutes more than fifty percent (50%) of the owners, and owning more than fifty percent 50% of the Property; and WHEREAS, the City Council has conducted a public hearing following public notice as required by law to determine the eligibility for annexation of the Property; and WHEREAS, the City Council has satisfied itself concerning the eligibility for annexation of the Property, and concerning the conformance of the proposed annexation to the applicable law and the annexation policy of the City; and WHEREAS, the City Council hereby finds that the Property is eligible for annexation to the City and that the proposed annexation conforms with applicable law and the annexation policy of the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The annexation to the City of Wheat Ridge, Colorado, of that Property described in attached Exhibit A, lying in the County of Jefferson, State of Colorado, meets all requirements of law and the annexation policy of the City of Wheat Ridge, and the same is hereby approved and made effective. Section 2. Zoning of the Property shall be accomplished within the time established by C.R.S. 31-12-115 and the procedures established by the Home Rule Charter and Code of Laws of the City of Wheat Ridge. Section 3. Immediately upon completion of the filing required by Section 5 hereof, the annexation shall be effective and the Property shall become subject to the ATTACHMENT 1 laws of the State of Colorado pertaining to cities and to the Charter and all ordinances, resolutions, rules and regulations of the City of Wheat Ridge. Section 4. One copy of the Annexation Map, together with the original of this Ordinance, shall be filed in the office of the City Clerk. Section 5. The City Clerk shall file for recording three certified copies of this Ordinance and the Annexation Map with the Clerk and Recorder of the County of Jefferson, State of Colorado. Section 6. This Ordinance shall become effective upon adoption on second reading, as permitted by Section 5.11 of the Home Rule Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to _ on this day of 2006, 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 , 2006, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29t Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2006. SIGNED by the Mayor on this day of 12006. JERRY DITULLIO, MAYOR ATTEST: Pamela Y. Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1st publication: 2„ d publication: Wheat Ridge Transcript Effective Date: EXHIBIT A LEGAL DESCRIPTION LOT 8, TRACT 3, AND MILLER STREET, AS PLATTED IN ARVADA RIDGE, ACCORDING TO THE PLAT RECORDED AT RECEPTION NO. F2143596, AND ANOTHER PORTION OF MILLER STREET, ALL OF WHICH IS LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, COLORADO, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 16, AND CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION TO BEAR SOUTH 00°12'10"EAST, WITH ALL BEARINGS CONTAINED HEREIN, RELATIVE THERETO; THENCE SOUTH 44°55'39"WEST, 1876.58 FEET TO THE NORTHWEST CORNER OF THE SE ONE-QUARTER OF THE SE ONE- QUARTER OF SAID SECTION 16, BEING ON THE BOUNDARY OF THE RIDGE HOME ANNEXATION AND THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE FOLLOWING TWO COURSES: (1) ALONG THE WEST LINE OF THE NE ONE-QUARTER OF THE SE ONE- QUARTER OF SAID SECTION 16, NORTH 00°12'10"WEST, 1317.66 FEET TO THE SOUTHWEST CORNER OF THE SE ONE-QUARTER OF THE NE ONE-QUARTER OF SAID SECTION 16; (2) THENCE ALONG THE WEST LINE OF SAID SE ONE- QUARTER OF THE NE ONE-QUARTER, NORTH 00°12'52"WEST, 260.14 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN RAILROAD (COLORADO & SOUTHERN), AS DESCRIBED IN COLORADO STATE BOARD OF LAND COMMISSIONERS R.O.W. NO. 1062; THENCE DEPARTING SAID RIDGE HOME ANNEXATION BOUNDARY, ALONG SAID SOUTHERLY RAILROAD RIGHT-OF-WAY LINE, NORTH 74°40'27"EAST, 31.08 FEET TO THE EAST RIGHT-OF-WAY LINE OF MILLER STREET AS PLATTED IN SAID ARVADA RIDGE; THENCE ALONG SAID EAST RIGHT-OF- WAY LINE THE FOLLOWING NINE COURSES: (1) SOUTH 00°12'52"EAST, 148.74 FEET; (2) THENCE ALONG A CURVE TO THE LEFT HAVING A DELTA OF 19°30'44", A RADIUS OF 570.00 FEET AND AN ARC OF 194.12 FEET; (3) THENCE SOUTH 19°43'36"EAST, 105.94 FEET; (4) THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 19°31'26", A RADIUS OF 830.00 FEET AND AN ARC OF 282.83 FEET; (5) THENCE SOUTH 00°12'10"EAST, 236.62 FEET; (6) THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 17°39'50", A RADIUS OF 730.00 FEET AND AN ARC OF 225.05 FEET; (7) THENCE SOUTH 17°27'39"WEST, 164.38 FEET; (8) THENCE ALONG A CURVE TO THE LEFT HAVING A DELTA OF 17°39'56", A RADIUS OF 670.00 FEET AND AN ARC OF 206.58 FEET; (9) THENCE SOUTH 00°12'10"EAST, 51.33 FEET TO THE NORTH LINE OF SAID SE ONE-QUARTER OF THE SE ONE- QUARTER; THENCE CONTINUING ALONG THE EAST RIGHT-OF-WAY LINE OF MILLER STREET, BEING 30.00 FEET EAST OF THE WEST LINE OF SAID SE ONE- QUARTER OF THE SE ONE-QUARTER, SOUTH 00°13'02"EAST, 278.59 FEET TO THE NORTHERLY CORNER OF SAID TRACT 3; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 3, ALONG A CURVE TO THE LEFT HAVING A DELTA OF 105°54'04", A RADIUS OF 50.00 FEET AND AN ARC OF 92.42 FEET TO THE EASTERLY CORNER OF SAID TRACT 3, LOCATED ON 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 AND THE BOUNDARY OF SAID RIDGE HOME ANNEXATION; THENCE ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE FOLLOWING TWO COURSES: (1) SOUTH 73°52'54"WEST, 97.43 FEET TO THE WEST LINE OF SAID SE ONE- QUARTER OF THE SE ONE-QUARTER; (2) THENCE ALONG SAID WEST LINE OF THE SE ONE-QUARTER OF THE SE ONE-QUARTER, NORTH 00°13'02"WEST, 353.22 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 3.56 ACRES, MORE OR LESS. DEPARTMENT OF PUBLIC WORKS City of Wheat Ridge %1 7500 WEST 29r" AVENUE Depart e t of Public Woft August 16, 2006 Mr. Michael Cregger, P.L.S. TST Inc. of Denver 9222 Teddy Lane Lone Tree, CO 80124 WHEAT RIDGE, CO 80033 (303) 235-2861 FAX (303) 235-2857 Re: - Third Review Comments of the Coors Annexation Map located at approximately 501h & Miller, Wheat Ridge, CO 80033. Dear Mr. Cregger, I have completed the third review of the above referenced documents received on August 14, 2006 and have the following comments: Final Plat All comments have been addressed. The Annexation Map is hereby approved by Public Works. The above comments are as of the date reviewed and may not reflect all comments from other departments or reviewing agencies. If you have any questions, please contact me at 303.235.2864. Sincerely, David F. Brossman, P.L.S. Development Review Engineer XC: Steve Nguyen, Engineering Division Manager Meredith Reckert, Senior Planner File Coors Annexation Map (50th & Miller) - approval.ltr.doc Page 1 of 1 Meredith Reckert From: Meredith Reckert Sent: Friday, August 04, 2006 8:53 AM To: 'Taylor Goertz' Cc: 'Amy Danneil; Jaquet, Neil; 'MacDonald, Don'; Dave Brossman Subject: Coors bottling plant Attachments: Coors Annexation Map (50th Miller) - review2 Itr.doc; WZ0601 MS0605WV0601.doc Hi, Taylor- Per our conversation, I put the Public Works comments in the mail for changes to the annexation maps. Attached also is an electronic copy of the comments. Our first reading report for the annexation, as well as the planning documents approvals, goes to the City Manager's office for review on August 18 for the August 28 City Council meeting. We will need adequate time to review the revised maps prior than that for you to make any last minute changes. Please resubmit as early next week as possible to ensure adequate review and revision time (if necessary). There are also similar corrections needed on the plat document (per Public Works comments). Also corrections to the outline development plan and final development plan legal descriptions. These should all be corrected and resubmitted for review under the same time schedule for the annexation maps. There are two additional changes to the FDP and plat based on the July 20 Planning Commission hearing pursuant to letter attached dated August 3, 2006. 1. FDP change - Add a note to sheet 6 of the plan set indicating that architectural materials for new perimeter fencing be steel or wrought iron. 2. Plat change - Please show a 30' wide non-exclusive utility easement across the entirety of vacated Miller Street. All other comments generated previously by Public Works must be addressed as well. For the August 28 meeting, please submit 18 folded copies of the corrected OPD, FDP and Plat no later than We will also need 36 copies of the corrected and approved annexation map (18 for the August 28 meeting plus an additional 18 for special district noticing). Keep in mind that the annexation maps need to be in final form for the first reading on August 28. If the maps are not in final approved form or if inadequate review time for Public Works is provided, we will have to delay both the first reading date and the final public hearing date of October 9. If you have questions, please contact me at 303-235-2848. Thanks- Meredith 8/4/2006 Property appraisal system Tax & Value Information Previous 8 OF 19 Next Schedule: 136211 Parcel ID: 39-164-01-002 Property Address: 10619 W 50TH AVE 2006 Payable 2007 2005 Payable 2006 Actual Value Actual Value Land 2,313,800 2,313,800 Imp 9,255,160 9,255,160 Total 11,568,960 11,568,960 Assessed Value Assessed Value Land 671,000 671,000 Imp 2,684,000 2,684,000 Total 3,355,000 3,355,000 Treasurer Information Tax Dist 3105 2006 3105 2005 Mill Levy TBA 88.5460 2005 Mill Levy Information Tax District 3105 County 24.3460 School 49.0530 WHEAT RIDGE 1.7860 ARVADA FIRE DIST. 9.4800 CLEAR CRK VLY W&S DIST. 2.9690 REGIONAL TRANSPORTATION DIST. 0.0000 URBAN DRAINAGE&FLOOD CONT DIST 0.5320 URBAN DRAINAGE&FLOOD C SO.PLAT 0.0650 VALLEY W. DIST. 0.3150 Total 88.5460 -A 4 i Page 1 of 1 Prin http://wwl4.co.jefferson.co.us/ats/displaytax.do?sch=136211 8/3/2006 Page 1 of 1 Meredith Reckert From: Amy Darnell [adanneil@ksrlaw.coml Sent: Tuesday, August 01, 2006 4:36 PM To: Meredith Reckert Subject: RE: Landscaping Thanks for getting back to me. Hope you had a nice vacation. From: Meredith Reckert [mailto:mreckert@ci.wheatridge.co.us] Sent: Tuesday, August 01, 2006 4:17 PM To: Amy Danneil Cc: Jaquet, Neil; MacDonald, Don Subject: Landscaping Hi, Amy- just wanted to get back to you regarding your question of landscaping on Lot 8 (the island). We have no problem with you starting the landscaping improvements prior to City Council approval. However, technically it is still located in unincorporated Jefferson County. Normally, we would require a permit for a sprinkler system installation but we won't have jurisdiction until the annexation is complete (October 9). To really befuddle the issue, if Coors approached the county for a permit for either the irrigation or a fence, they (Jeffco) would probably be very confused. I'm not sure whether that helps or not Meredith 8/2/2006 RM BOTTLING ANNEXATION TO WHEAT RIDGE PROCESS STEPS 1. Pre-Application Meeting i 2. Submit Annexation Petition and Map - 9vltis-J C-Q T vs- 3. City Council tables petition, d> L 4. Neighborhood Meeting} v~o h m 5. City prepares Three-Mile Plan Addendum v 6. Submit Application a. Rezoning to PID b. ~e-0DP i~ 1~ a th z Cv~ f~~~ % A 2 )~t'5 +a, u-<s--~ c. Amendment to FDP ' Vrd o r fie. d. Consolidation Plat - ou~4~ 7. Referral Period Uj` 8. Revisions to ODP & FDP; resubmittal O~ r 9. Schedule PC hearings/Provide Notices S-' 9 -tA a. Three-Mile Plan Addendum (Resolution) (No time requirement) /k_k w ~ b. Rezoning/Amended ODP (15 days) 2 `A c. Amended FDP (15 days) - vwin S-1' S k-41 0-Q' ~'C-~~u`" - ~~~,~sa ko" piety c r~~ d -Coa&&kdgienPlat (15days) K 10. Resolution to City Council accepting petition & setting hearing date (30-60 days out) 11. Notices of annexation to newspaper (publish 4 times, starting 4 weeks prior to fiV~c `,a, hearing) c,,5' (,Lc,-c° 4 ie--_ f 12. Notices of annexation petition to (25 days prior to hearing): Cwt g a. County 3 b. Taxing Districts ~n c. - School District 13. No Annexation Impact Report Required if Less Than 10 acres. 0 vj~ 14. First Reading: U a. Annexation Ordinance b. Rezoning Ordinance 15. Provide Notices of Public Hearings for: ...a;. b. Rezoning/Amended ODP (15 days) c. Amended FDP (15 days) d. Consolidation Plat (15 days) j 16. Second Reading/Public Hearing j a 'T'hrPP T~~~le~laa-~3derxl~(PPSOI„rinn) b. Annexation Ordinance c. Rezoning Ordinance/Amended ODP d. Amended FDP e. Consolidation Plat nay. 17. Recordation q'e Q ~ A, " ~Lk T~v j --)Zs C~ -re- O 2 ro f 5 \ 1/1 a; " a D D I, N a a a y n n n n , e m~ J6 I m~ it m~, mi II Y/ I ! 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Of Denver CONSULTING ENGINEERS July 18, 2006 Mrs. Meredith Reckert, AICP City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80215-6713 RE: Rocky Mountain Bottling Subdivision Project No. 116-001 rn~ Dear Mrs. Reckert, Below you will find responses corresponding to comments sent May 11, 2006 concerning the Annexation Map for the Coors Annexation. Please review the revised map. Dave Brossman-Annexation Map Review 1. The legal description has been revised to include a portion of Miller Street as noted on the redlined map. 2. The graphical representation has been revised on Sheet 2 to include the portion of Miller Street directed to be included. 3. The subtitle has been modified on both sheets to include a portion of Miller Street. 4. A hatch has been added to Sheet 2 to clearly indicate the area to be annexed and the pattern has been added to the legend. 5. The following information has been added to the cover sheet: a. A signature block for the Owner of Lot 8, Arvada Ridge. b. The perimeter distance for the entire area of annexation. C. The distance of the annexation boundary contiguous with the City of Wheat Ridge. d. The percentage of the contiguous boundary portion of the perimeter for the entire area to be annexed. If you have any questions or comments, please contact me at your earliest convenience. Sincerely, TST Inc. of Denver T_ Taylor C. Goertz, P. E. Cc: Darin Jensen-Grey Wolf Studios Don MacDonald-Coors 9222 Teddy Lane I Lone Tree, Colorado 80124 1303.792.0557 1 fax 303.792.9489 1 www.tstdenver.com G°af~I~C~CG°a~DOo ~1 I~IQp COORS AN N EXA a~~~~a~oo~ ~o ~u~r o~ ~r~~a~ ~ Q pOo G~~00~1 Oo ~ NilO~~C~G~ ~~G°31~C~~ Q~1D ~ SANDRA LYNN SUBDIVISION L~Oo~alll~D ~~I ~G~C~ C~Q~~ b/~ OOf~ ~C~C~~DO~I ~~e ~Oo~nMNl~G~~p Ofd ~C~C~ c~4G~ G°~G°3~~IC~~p~L~ nMn C~G°3~D~Q~19 JC~~G~LG°3~01~ ~ I I I Q I SANDRI4 IERRn SUBDIVISION I i I I i~ I UNPLATTED 60 ~ ~ ~ , i ~ I I I ~I i ~ 4 I J I I 1(~1 ~ v I d I I I I 1 1~___ i~ ~ - 59 ~ 58 ~ 57 ~ 56 ~ ~ ~ ~ I I I~ I I I I I I I I I~ I I 3 14 i~ I I 7z i 73 I ~4 I 75 I 76 I 77 I 78 i I ~r ~ ~ ~ ~ ~ 3 ~ ~ f3L00K 2 ~ ~ ~ ~ ~ ~ ~ BLOCIk 3 i i ~ ~ i L_---I_--J L_. --L_---I_._.--1---J_---1---1_---I______J~ ~ -----1----1-----1----~ ~ I 1 I iAI IdilnflJ ~/n gL Cl_ I _ - doe o ~ ~ ~af~DG3Q ~/Q~( j i 3 ~ D = 03'08'04„ 1 I ~~0 n n n ~~n~/ n R = 3225.00' _ _ ~ m m amc ra w pa an - - ~ ~ f LI~ G~Lf~ Il U /n\ 11 L = 176.44' R.O.W PER STATE BOARD OF LAND COMMISSION CH = S 75'30' (BOOK 25 R.O.W. 2550, RECEPTION N0. 84075705 AND (S 75'07 BOOK 25 R.O.W. 2563, RECEPTION N0. 84089026) i t~_ J 1 - - - - - - - - - - 1 ~ - 1 1 ~ 1 ~ 1 ~ 1 ~ . 1 a. ~ ~ u~ ~ ~ ~ - ~ - ~ \ cA i fi i ~ ~ o i r r ~ ~ ~ d ~e V 1 1 . , ~ , r s , v V 1 \ \ ~ ~ ~ o ~ ~ N \ ~ J _ Z . ■ 1 I' 1 100 0 100 200 ~ ~ j T~ ~ ~ ~ scale ~^_~pp~ feet ~ ._r____ ~ - ~ \ ~,,,J PREPARED: SEPTEMBER 29, 2005 ~ ~ z _ .a ~ \ ~ ~ ~ ~ r~ ~ ~ ~ ~ ~ \ ~ ~ ~ a.. 1~ r i p f~~I~npD UNPLAT7ED L~15 LTV ~ ~ ( ) =MEASURED BEARING AND/OR DISTANCE ON \ ..r- - 5 ARVADA RIDGE PLAT ~ ~ 1O =CITY OF WHEAT RIDGE 3-1/4" CAP ON PIPE IN MONUMENT BOX MARKED: LS 13212 ~ ti AREA PETITIONED FOR ANNEXATION \ ~ i 'i't i " j~ r Y_ L J - r~ i - e S 00'12'47" E -WEST LINE SEi/4, NE 1/4 SECTION 1 NW CORNER OF , n 1 i s j~ _ . - SE 1/4, NE 1/4 1' ~ ~ SECTION 16 ~ - - #'i REBAR W/ 2~ ~ \ \ JGV 1 I VIV I V ~ P T. OF CO L-Lj ~ AWMMUM CAP (MONUMENTATION TO BE SET UPON )F COORS PLANNED INDUSTRIAL DEVELOPMENT POINT OF BEGINNING i ~ i q 20 ) MARKED: 27601 COMPLETION OF CONSTRUCTION) ~ FIL TST Utz OF DENVER FILING I AMENDMENT 2 SUBDIVISION PARCEL t i t (3.56 ACRES) NW CORNER OF s SE 1/4, SE 1/4 SECTION 16 • Consulting Engineers O 's , ITEM NO: OF WHEAT V PREQUEST FOR CITY COUNCIL ACTION OOORPOO z++9 COUNCIL MEETING DATE: May 22, 2006 TITLE: A MOTION CONCERNING A PETITION REQUESTING ANNEXATION TO THE CITY OF WHEAT RIDGE PROPERTY LOCATED IN UNINCORPORATED JEFFERSON COUNTY KNOWN AS LOT 8, ARVADA RIDGE, JEFFERSON COUNTY ❑ PUBLIC HEARING ❑ ORDINANCES FOR I ST READING (May 2, 2006) ® BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No 444, 1/c Community Development Director EXECUTIVE SUMMARY: City Manager An annexation petition was submitted on April 28, 2006 by Coors Brewing Company for the annexation of property that was disconnected from the City of Arvada in the vicinity of the Rocky Mountain Bottling Plant at 50`s Avenue and Miller Street. Under an Intergovernmental Agreement between Wheat Ridge and Arvada, Wheat Ridge agreed to annex the disconnected parcels. This item is related to Council's strategic goals of planning for growth and opportunities, and establishing a strong partnership between the City and community. The annexation action fulfills the City's commitment to Arvada to annex this property. COMMISSION/BOARD RECOMMENDATION: None. Only City Council acts upon annexation petitions. STATEMENT OF THE ISSUES: Under the Municipal Annexation Act, the annexation of property to a municipality begins with a finding that the petition is in compliance with the state annexation statute and a hearing is set. This hearing must occur within 30 to 60 days. The property must also be zoned within 90 days of annexation. Most landowners do not want to annex without the zoning entitlement taking place at the same time. Municipalities also should want the two processes to occur simultaneously so the municipality and landowner agree on land uses, the nature of the development, and other zoning issues. With zoning involved, a hearing and recommendation from Planning Commission are required. The timelines prescribed by statute make it extremely difficult to conduct the required neighborhood meeting, thoroughly review the application and resolve issues with the applicant, provide the required hearing notifications, and conduct the Planning Commission hearing prior to consideration by City Council. Tabling the petition allows sufficient time to process the land use application through Planning Commission. If tabled, the petition will be brought back to Council at a later date to follow the normal annexation procedure. ALTERNATIVES CONSIDERED: Under Section 2-71 of the Wheat Ridge Code of Laws, the City Council has three options to consider with this petition: 1. Find the petition is not in compliance with state statute and terminate the annexation proceedings. 2. Find the petition is in compliance with state statute and set a hearing date for the annexation. This must be done by resolution. 3. Adopt a motion to table the petition for a period not to exceed 180 days. Staff recommends tabling the petition. FINANCIAL IMPACT: There are no financial impacts as a result of the tabling action. RECOMMENDED MOTIONS: "I move to table the annexation petition submitted by Coors Brewing Company for Lot 8 of Arvada Ridge for a period of time not to exceed 180 days." Report Prepared by: Alan White Reviewed by: Attachments: 1. Annexation Petition I:\Comdev\Annexations\Ord. tabling petition.doc PETITION FOR ANNEXATION TO: THE CITY OF THE CITY OF WHEAT RIDGE, COLORADO RE: PROPERTY KNOWN AS: Lot 8, Arvada Ride The undersigned landowners, in accordance with the provisions of Title 31, Article 12, Part 1, C.R.S. and known as the Municipal Annexation act of 1965, as amended, hereby petition the City Council for annexation to the City of Wheat Ridge the following described unincorporated area situate and being in the County of Jefferson, and State of Colorado, to wit: (See attached Exhibit A attached hereto and incorporated herein by reference.) Your petitioners further state as follows: 1. That it is desirable and necessary that such area be annexed to the City of Wheat Ridge, Colorado. 2. That the area sought to be annexed meets the requirements of Sections 31-12-104 and 105, as amended, of the Municipal annexation Act of 1965, in that: A. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the existing boundaries of the City of Wheat Ridge, Colorado. B. A community of interest exists between the area proposed to be annexed and the City of Wheat Ridge, Colorado. C. The area proposed to be annexed is urban or will be urban in the near future and said area is integrated or is capable of being integrated with the City of Wheat Ridge, Colorado. D. No land held in identical ownership, whether consisting of one tract or parcel or real estate or two or more contiguous tracts or parcels of real estate: (1) is divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels are separated by a dedicated street, road, or other public way. (2) comprising 20 acres or more and which, together with the buildings and improvements situated thereon, has a valuation of assessment in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the annexation, is included within the area proposed to be annexed without the written consent of the landowner or landowners. (00065684.DOG) E. No annexation proceedings have been commenced for the annexation to another municipality of part or all to the territory proposed to be annexed. F. The annexation of the area proposed to be annexed will not result in the detachment of the area from any school district and the attachment of same to another school district. G. The annexation of the area proposed to be annexed will not have the effect of extending the boundary of the City of Wheat Ridge more than three miles in any direction from any point of the City's boundary in any one year. H. If a portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the area to be annexed. I. Reasonable access shall not be denied to landowners, owners of easements or the owners of franchises, adjoining any platted street or alley to be annexed that will not be bordered on both sides by the City of Wheat Ridge. 3. That attached hereto and incorporated herein by reference are four (4) prints of the annexation map, containing the following information: A. A written legal description of the boundaries for the area proposed to be annexed: B. A map showing the boundary of the area proposed to be annexed; C. Within the annexation boundary map, a showing of the location of each ownership tract of unplatted land, and, with respect to any area which is platted, the boundaries and the plat numbers of plots or lots and blocks; D. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the City of Wheat Ridge and the contiguous boundary of any other municipality abutting the area proposed to be annexed. 4. That the petitioners are the landowners of more than fifty percent (50%) of the area sought to be annexed, exclusive of streets and alleys. 5. That all of the petitioners signed this Petition for annexation no more than 180 days prior to the date of filing of this Petition for Annexation. 6. That this Petition for annexation satisfies the requirements of Article II, Section 30, of the Constitution of Colorado in that it is signed by persons comprising more than fifty percent (50%) of the landowners in the area proposed to be annexed who own more than fifty percent (50%) of said area, excluding public streets and alleys and any land owned by the City of Wheat Ridge. (00065684.DOC/) 7. That upon the Annexation Ordinance becoming effective, all lands within the area sought to be annexed shall become subject to the ordinances, resolutions, rules and regulations of the City of Wheat Ridge, except for general property taxes which shall become effective on January 1 of the next succeeding year following passage of the Annexation Ordinance. Therefore, your petitioners respectfully request that the City Council of the City of Wheat Ridge, Colorado, approve the annexation of the area proposed to be annexed. Whenever from the context it appears appropriate, each term stated in either the singular or plural will include the other, and pronouns stated in either the masculine, feminine or the neuter gender will include each of the other genders. Signature of Date of Mailing Address Legal Description T.nminwner Signature of Landowner of Land Owned Nathaniel C. Boggs See EXHIBIT A Chief Legal Officer & (Attached) Group VP for Public Affairs P.O. Box 4030, NH 314 Golden, CO 80401 (00065684.DOC/) EXHIBIT A LOT 8, ARVADA RIDGE, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 14, 2004 AT RECEPTION NUMBER F2143596, COUNTY OF JEFFERSON, STATE OF COLORADO. {00065684.DOC/} AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and says: That (he or she) was the circulator of the foregoing Petition for Annexation of lands to the City of Wheat Ridge, Colorado, consisting of pages, including this page, and that each signature thereon was witnessed by your affiant and is the true signature of the person whose name it purports to be. STATE OF COLORADO ) ) COUNTY OEI The foregoing Affidavit of Circulator was subscribed and swom to before me this a~:j day of V}q „a ( 200Lz,by N e.1 ,aq,at My Commission expires: ,)ANIECE A. GURULE Notar.1 Public Side of Colorado 6 (SEt~F.~Tnission Expires Aug. 22.2006 N r Public {00065684.DOC/) Lot 8 Arvada Ridge Annexation Proposed in annexation area N 75- W. 50th Ave. Right-of way City Boundary ® Proposed annexation area ~,SpthP~e. 1 70 Frontage Rd c .Q Y ®N.T.S. of WHEAT City of Wheat Ridge P~ Community Development Department m Memorandum °~~oRPO° TO: Dave Brossman FROM: -epm~ cIedithReckert SUBJECT: Coors Glass Plant Annexation DATE: May 2, 2006 Attached is a copy of the annexation map for the Coors Glass Plant annexation. Please review and retum comments to me at your earliest convenience. According to the information I've received, the following items circled on the attached must be on the document. Annexation Statute Checklist Summary: See 2-71 of the City of Wheat Ridge's Municipal Code requires that all petitions for annexation to the city comply with the requirements of C.R.S. governing the municipal annexation of land. Any City provisions that are in addition to C.R.S. are illustrated below in italics. Landowner Annexation Petition Requirements Sufficiency of Petition Cite 1. Petition is signed by landowners (owners in fee of any undivided interest in a C.RS. 13-12- given parcel, of land) of more than 50% of the area to be annexed (measured 107(1)(a) by the acreage of the areas to be annexed excluding public streets and alleys). 2. Petitioners who signed the petition constitute more than 50% of the Poundstone II; landowners of the area. Art. II of State Constitution 3. The petition contains all of the following: C.R.S. 31-12- 107(c) a An allegation "that it is desirable and necessary that such area be annexed to the City;" b. An allegation that the "area is eligible pursuant to section 31-12-104 and 31-12-105, and that the requirements set forth in these C.R.S. section exist or have been met. c. An allegation that the signers on the petition comprise of more than 50% of the area to be annexed; d. A request to approve the annexation; e. Signatures of the petitioning landowners; f. Mailing address of each signatory; g, Legal description of the land owned by each signatory; h.' Date of signing for each signatory; and i. Affidavit of each circulator of the petition, whether consisting of one or more sheets, that each signature therein is the signature of the - erson-whose nameit purports to be: - ` 4. Accompanying the petition are four (4) copies of an annexation map C.R.S. 31-12- containing the following information: _ 107(1)(d) a. Written legal description of the boundaries of the annexed area, b.. Map showing the boundary of the area proposed to be annexed; C. Within the annexation boundary map, a showing of the location of each ownersl-p tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of the plots or of lots and blocks; the boundary of the area proposed to be annexed, a drawing d. Next to the contiguous boundary of the annex ng municipality and of the. contiguous boundary of any other mun cipality abutt ng the area proposed to be annexed. 5 No signature isdated more than 180 days before the date of filing the petition C.R.S. 31-12- for annexation with the City's clerk. (If so, the petition is not valid). 107(1)(e) Note: The City assed the Resolution of Substantial Compliance on January. 99001\9000\899221.1 Case No.: App: Last Name: App: First Name: Owner: Last Name: Owner: First Name: App Address: City, State Zip: App: Phone: Owner Address: City/State/Zip: Owner Phone: Project Address: Street Name: City/State, Zip: NX0601 Quarter Section Map No.: E16 - Rocky Mtn. Bottle Related Cases: Case History: n ordinance annexing Coors Brewing Co. property located in unincorporated Jeffco known as Lot 8, Arvada 10619 W. 50th Ave. Review Body: CC heat Ridge, CO 80033 APN: 2nd Review Body: 2nd Review Date: Decision making Body: Approval/Denial Date: Reso/Ordinance No.: KAMLET SHEPHERD ATTORNEYS AT LAW AMY M. DANNEIL CC CC 0" 6$g KAMLET SHEPHERD & REICHERT, LLP 1515 Arapahoe Street, Tower 1, Suite 1600, Denver, CO 80202 p: 303.297.4564 e: adanneil@kulawxom www.ksrlaw.com PETITION FOR ANNEXATION TO: THE CITY OF THE CITY OF WHEAT RIDGE, COLORADO RE: PROPERTY KNOWN AS: Lot 8, Arvada Ridge The undersigned landowners, in accordance with the provisions of Title 31, Article 12, Part 1, C.R.S. and known as the Municipal Annexation act of 1965, as amended, hereby petition the City Council for annexation to the City of Wheat Ridge the following described unincorporated area situate and being in the County of Jefferson, and State of Colorado, to wit: (See attached Exhibit A attached hereto and incorporated herein by reference.) Your petitioners further state as follows: 1. That it is desirable and necessary that such area be annexed to the City of Wheat Ridge, Colorado. 2. That the area sought to be annexed meets the requirements of Sections 31-12-104 and 105, as amended, of the Municipal annexation Act of 1965, in that: A. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the existing boundaries of the City of Wheat Ridge, Colorado. B. A community of interest exists between the area proposed to be annexed and the City of Wheat Ridge, Colorado. C. The area proposed to be annexed is urban or will be urban in the near future and said area is integrated or is capable of being integrated with the City of Wheat Ridge, Colorado. D. No land held in identical ownership, whether consisting of one tract or parcel or real estate or two or more contiguous tracts or parcels of real estate: (1) is divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels are separated by a dedicated street, road, or other public way. (2) comprising 20 acres or more and which, together with the buildings and improvements situated thereon, has a valuation of assessment in excess of $200,000.00 for ad valorem Iax purposes for the year next preceding the annexation, is included within the area proposed to be annexed without the written consent of the landowner or landowners. {00065684.D0C/} E. No annexation proceedings have been commenced for the annexation to another municipality of part or all to the territory proposed to be annexed. F. The annexation of the area proposed to be annexed will not result in the detachment of the area from any school district and the attachment of same to another school district. G. The annexation of the area proposed to be annexed will not have the effect of extending the boundary of the City of Wheat Ridge more than three miles in any direction from any point of the City's boundary in any one year. H. If a portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the area to be annexed. 1. Reasonable access shall not be denied to landowners, owners of easements or the owners of franchises, adjoining any platted street or alley to be annexed that will not be bordered on both sides by the City of Wheat Ridge. 3. That attached hereto and incorporated herein by reference are four (4) prints of the annexation map, containing the following information: A. A written legal description of the boundaries for the area proposed to be annexed: B. A map showing the boundary of the area proposed to be annexed; C. Within the annexation boundary map, a showing of the location of each ownership tract of unplatted land, and, with respect to any area which is platted, the boundaries and the plat numbers of plots or lots and blocks; D. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the City of Wheat Ridge and the contiguous boundary of any other municipality abutting the area proposed to be annexed. 4. That the petitioners are the landowners of more than fifty percent (50%) of the area sought to be annexed, exclusive of streets and alleys. 5. That all of the petitioners signed this Petition for annexation no more than 180 days prior to the date of filing of this Petition for Annexation. 6. That this Petition for annexation satisfies the requirements of Article II, Section 30, of the Constitution of Colorado in that it is signed by persons comprising more than fifty percent (50%) of the landowners in the area proposed to be annexed who own more than fifty percent (50%) of said area, excluding public streets and alleys and any land owned by the City of Wheat Ridge. {00065684.DOC/} 7. That upon the Annexation Ordinance becoming effective, all lands within the area sought to be annexed shall become subject to the ordinances, resolutions, rules and regulations of the City of Wheat Ridge, except for general property taxes which shall become effective on January 1 of the next succeeding year following passage of the Annexation Ordinance. Therefore, your petitioners respectfully request that the City Council of the City of Wheat Ridge, Colorado, approve the annexation of the area proposed to be annexed. Whenever from the context it appears appropriate, each term stated in either the singular or plural will include the other, and pronouns stated in either the masculine, feminine or the neuter gender will include each of the other genders. Signature of Date of Mailing Address Legal Description Landowner Signature of Landowner of Land Owned Nathaniel C. Boggs See EXHIBIT A Chief Legal Officer & (Attached) Group VP for Public Affairs P.O. Box 4030, NH 314 Golden, CO 80401 {00065684.DOC/1 EXHIBIT A LOT 8, ARVADA RIDGE, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 14, 2004 AT RECEPTION NUMBER F2143596, COUNTY OF JEFFERSON, STATE OF COLORADO. {00065684.DOC/} AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and says: That (he or she) was the circulator of the foregoing Petition for Annexation of lands to the City of Wheat Ridge, Colorado, consisting of pages, including this page, and that each signature thereon was witnessed by your affiant and is the true signature of the person whose name it purports to be. STATE OF COLORADO ) )ss COUNTY OF, The foregoing Affidavit of Circulator was subscribed and sworn to before me this a day of Q A( 200'j,by 1~e.t ~a9~e~ N ary Public 100065684.DOC/}