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HomeMy WebLinkAbout44th Industrial Park Resolution No. 1657 Series of 1998 A RESOLUTION FINDING A PETITION FOR ANNEXATION OF TWO PARCELS OF LAND LOCATED IN SECTIONS 19 AND 20 , TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH COLORADO REVISED STATUTES AND SETTING A HEARING DATE TO CONSIDER THE ANNEXATION WHEREAS, a wntten petitIOn for annexatIOn to and by the City of Wheat Ridge, Colorado of a certain parcel of land as described in attached Exhibit A was presented to and filed with the City of Wheat Ridge, Colorado, 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 written petItion for annexation to determine whether there has been substantial compliance with C.R.S 31-12- 107(1); and WHEREAS, the City Council of the City of Wheat Ridge, Colorado has satisfied itself concernIng the substantial compliance of the written petitIOn for annexatIOn to and by the City of Wheat Ridge, Colorado NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS. Section I. The written petition for annexation substantially complies with C R.S. Section 31-12- 107(1). Section 2. A public heanng on said annexation petItIOn will be conducted on the 11 th day of May, 1998, at the CIty of Wheat Ridge MuniCipal BUIlding which is located at 7500 W. 29th A venue, Wheat Ridge, Colorado, 80215, to determIne If the proposed annexation complIes With C.R.S. Sections 21-12-104 and 313-12-105 or such part thereof as may be required to establIsh eligibIlity under the terms of Title 31, Article 12, Part I, as amended, known as the Municipal AnnexatIOn Act of 1965, and the ConstitutIOn of the State of Colorado, Article II, Section 30, as amended. ResolutIOn No Page 2 Section 3. Any person lIving within the area proposed to be annexed, any landowner of lands thereof, any resident of the mumclpality to which the areas is proposed to be annexed, any mUnIcIpality located within one mile of the proposed annexation, or the Board of County CommIssioners of Jefferson County, may appear at said heanng and present evidence upon any matter to be determIned by the City CouncIl. RESOLVED AND PASSED this 2..3.r..d day of 'M;::frrh , 1998 LORADO ATTEST d.\...\ccrpts\reso-ord\harthrg l.res 1st Publication: April 3, 1998 2nd Publication: April 10, 1998 3rd Publication: April 17, 1998 4th Publication: April 24, 1998 WHEAT RIDGE TRANSCRIPT PETITION FOR ANNEXATION TO' THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO RE PROPERTY KNOWN AS: 44TH INOlJSTRIAI PARK 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 mcorporated herem 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 boundanes of the CIty of Wheat Ridge, Colorado. B A community of Interest eXists between the arca proposcd to be annexed and the City ofwheat 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 ofbeing mtegrated 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. (I) IS divided mto separate parts or parcels WIthout the wntten consent of the landowner or landowners thereof, unless such tracts or parcels are separated by a dedicated street, road, or other public way. (2) compnsmg 20 acrcs or more and which, togethcr With the bUIldIngs and improvements situated thereon, has a valuatIOn of assessment m excess of $200,000 00 for ad valorem tax purposes for the year next precedmg the annexation, is Included withIn the area proposed to be annexed without the wntten consent of the landowner or landowners. 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 anyone 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 showmg the boundary of the area proposed to be annexed, C. WithIn the annexation boundary map, a showlllg of the locatIOn of each ownership tract of unplatted land, and, With respect to any area which is platted, the boundanes 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 pnor to the date of filing of thiS Petition for Annexation. 6 That thiS PetitIon for annexatIon satIsfies the requirements of Article n, Section 30, of the Constitution of Colorado In that It IS signed by persons compnsing 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. 7 That upon the AnnexatIOn Ordmance becoming effectIve, all lands wlthm 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 followmg passage of the AnnexatIOn Ordinance. Therefore, your petitioners respectfully request that the City Councll of the City of Wheat RIdge, Colorado, approve the annexatIon of the area proposed to be annexed. Whenever from the context if appears appropriate, each term stated m either the singular or plural Will Include the other, and pronouns stated in either the masculine, femmine or the neuter gender will include each of the other genders. Signature of Landowner Date of Signature Mailing Address of LandoWller Legal DescriptIOn of Land Owned ..:7- Lj- 9g 12345 West Alameda Lakewood, CO 80228 All of the private property in this request 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. c~tLL ROGER N. VENABLES STATE OF COLORADO ) )ss COUNTY OF 9~ ) The foregomg Affidavit of Circulator w~ subscribed and sworn to before me this day of)iL~ , 199[, by ~r >7 7)~~ My Commission expires. ? It '1,htJol t/tIt.. ~ (>~ ~, -'1~' Notary blIc (SEAL) EXHIBIT A LEGAL DESCRIPTION - PARCEL 1 A PARCEL OF LAND IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A POINT FROM WHENCE THE EAST QUARTER CORNER OF SAID SECTION 19 BEARS S89'23'23"W A DISTANCE OF 200 00 FEET, THENCE, N 72'1 O'27"W A DISTANCE OF 109317 FEET TO THE SOUTHERLY RIGHT OF WAY OF WEST 44TH AVENUE, THENCE, ALONG SAID RIGHT OF WAY, N7T16'40"E A DISTANCE OF 134760 FEET THENCE, DEPARTING FROM SAID RIGHT OF WAY, N12'43'20"W A DISTANCE OF 80'00 FEET TO THE NORTHERLY RIGH T OF WAY OF WEST 44TH A VENUE, AND A CURVE TO THE RIGHT WHICH HAS A DELTA OF 13"00'00", A RADIUS OF 1472.50 FEET AND A CHORD BEARING OF N83"46'40"E, THENCE, ALONG THE ARC OF SAID CURVE A DISTANCE OF 334.10 FEET, THENCE, S89'4,3'20"E A DISTANCE OF 53094 FEET, THENCE, DEPARTING FROM SAID RIGHT OF WAY, SOO'05'46"E A DISTANCE OF 1 9994 FEET; THENCE, S64'20'29"W A DISTANCE OF 3320 FEET, THENCE, S31'24'20"W A DISTANCE OF 60982 FEET TO A POINT ON THE EAST-WEST CENTER SECTION LINE OF SAID SECTION 20: THENCE, ALONG SAID EAST-WEST CENTER SECTION LINE, S89'23'23"W A DISTANCE OF 771 24 FEET TO THE POINT OF BEGINNING, CONTAINING 983,10552 SQUARE FEET OR 2257 ACRES, MORE OR LEGAL DESCRIPTION - PARCEL 2 A PARCEL OF LAND IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT A POINT FROM WHENCE THE EAST QUARTER CORNER OF SAID SECTION 19 BEARS S89'23'23"W A DISTANCE OF 20000 FEET, THENCE, S89'23'23"W A DISTANCE OF 200 00 FEET TO SAID EAST QUARTER CORNER OF SAID SECTION 19; THENCE, ALONG THE EAST LINE OF SAID SECTION 19, SOO'22'26"W A DISTANCE OF 27538 FEET, THENCE. S87'15' 49"W A DISTANCE OF 245600 FEET, THENCE, N76'06'56" A DISTANCE OF 20016 FEET TO THE NORTH-SOUTH CENTER SECTION LINE OF SAID SECTION 19, THENCE, ALONG SAID NORTH-SOUTH CENTER SECTION LINE, NOO'08'43"W A DISTANCE OF 278.94 FEET TO THE SOUTHERLY RIGHT OF WAY LINE;: OF 44TH AVENUE AND A CURVE TO THE LEFT WHICH HAS A DELTA OF 06'11'50", A RADIUS OF 99500 FEET AND A CHORD BEARING OF N80'22'35"E. THENCE, ALONG SAID ARC A DISTANCE OF 10762 FEET, THENCE, N77'16'40"E A DISTANCE OF 174572 FEET TO THE CITY OF WHEAT RIDGE BOUNDARY, THENCE, DEPARTING FROM SAID RIGHT OF WAY, ALONG SAID WHEAT RIDGE BOUNDARY, S72'10'27"E A DISTANCE OF 1 093 17 FEET, AND TO THE EAST-WEST CENTER SECTION LINE OF SAID SECTION 20 TO THE POINT OF BEGINNING. CONTAINING 1,307,50654 SQUARF.: FEET OR 30 02 ACRES, MORE OR LESS