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HomeMy WebLinkAboutJennings -- 2905 Youngfield NOTICE OF PROPOSED ANNEXATION On Monday, February 8 , 198~, at 7:30 p.m., at 7500 W. 29th Avenue , Wheat Ridge, Colorado, the City Council of the City of Wheat Ridge will hold a hearing upon the petition for annexation set forth below for the purpose of determining and finding whether the area proposed to be annexed meets the applicable requirements of sections 31-12-104 and 31-12-105 of the Colorado Revised Statutes and is considered eligible for annexation. PETITION FOR ANNEXATION THE UNDERSIGNED, being one hundred percent of the owners of the real property described herein and pursuant to C.R.S. ~3l-l2-l07(1), do hereby petition the City Council of the City of Wheat Ridge, Colorado, to annex the real property described in Exhibit A, which is attached hereto and expressly incorporated herein, into the City of Wheat Ridge after compliance with all notice and hearing requirements prescribed by statute, and as grounds therefor state as follows: 1. It is both desirable and necessary that such area as owned by the undersigned and described in aggregate and by individual ownership in Exhibit A be annexed to the City of Wheat Ridge. 2. The area proposed to be annexed meets all applicable statutory prerequisites including: (a) area proposed Ridge; Not less than one-sixth of the perimeter of the to be annexed is contiguous with the City of Wheat (b) A community of interest exists between the area proposed to be annexed and the City; and (c) None of the specific limitations set forth in C.R.S. ~~3l-l2-l04 and -105 are applicable to the properties set forth in Exhibit A. 3. The signers of this Petition for Annexation comprise the landowners of one hundred percent of the Territory included in the area proposed to be annexed, exclusive of streets and alleys. 4. The undersigned hereby waive any vested property rights they may have under state law within the area to be annexed. If the proposed annexation is approved, this Petition for Annexation may be recorded by the City in the real property records of the Clerk and Recorder of Jefferson County as evidence of this waiver. 5. No signature on this petition is valid if it is dated more than one hundred eighty days prior to the date of the filing of this petition with the City Clerk. 6. withdraw with the No person signing this petition shall be permitted to his or her signature after the petition has been filed City Clerk. 7. The undersigned have complied with all requirements of C.R.S. ~31-12-107(1) in preparation, execution and submission of this Petition for Annexation. WHEREFORE, the undersigned request the City Council of the City of Wheat Ridge to: (a) approve the annexation of the area proposed to be annexed as described in Exhibit A; (b) accept the within Petition for Annexation; (c) set, provide for notice and publication of, and thereafter hold all required public hearings relating to this requested annexation; and (d) do all acts required by statute and law to annex the properties described in Exhibit A into the City of Wheat Ridge. ss: Wanda Sang, City Clerk Wheat Ridge Sentinel Published: January 14, 1988 January 21, 1988 January 28, 1988 February 4, 1988 2 City of Wheat Ridge In thlS space there is a large scale map that could not be scanned at the this time. Please see the Wheat ridge Clerks office if you would like to see the map. AGENDA ITEM / INTRODUCED BY COUNCILMEMBER IBBISON Council Bill No. 32q ORDINANCE NO. Series of 1988 FEB ~) .) ~" - j,A TITLE: A BILL FOR AN ORDINANCE ANNEXING CERTAIN PROPERTY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Annexation. The following described real property is hereby annexed into the City of Wheat Ridge, Colorado: A portion of the NW 1/4 of the SW 1/4 of Section 29, Township 3 South, Range 69 West of the 6th P.~1., Jefferson County, Colorado, described as follows: Commencin~ at the southeast corner of the NW 1/4 of the SW 1/4 of said Seccion 29; thence S 90000'00" W a distance of 21.11 feet to a point on the west line of that tract of land described in Book 359 at Page 359 of the official records of said Jefferson County, and the Point of Beginning; thence S 900CO'OO" \~, a distance of 140.47 feet to a non-tangent point on the easterly right-of-way line of Interstate Highway No. 70 as described in Book 1952 at Page 272 of the official records of said Jefferson County, and whose radius point bears N 77022'3d" W, a distance of 5880.00 feet; thence along the easterly right-of-way line of Interstate Highway 70 as described in Book 1952 at Page 279 and Book 1937 at Page 361 of the official records of said Jefferson County, on a curve to the northwest whose central angle = 02007'44", whose radius = 5880.00 feet, and whose chord bears N 11033'36" E, a distance of 218.46 feet to a non-tangent point; thence leaving said easterly right-of-way, N 89043'26" E, parallel with the north line of the NW 1/4 of the SW 1/4 a distance of 95.88 feet to a point on said west line of that tract described in Book 359 at Page 359, a distance of 214.50 feet to the Point of Beginning; containing 0.578 acres, more or less. Section 2. Annexation Hap. A map in the form prescribed by C.R.S. 31-12-107(1)(d) is attached hereto as Exhibit 1. Section 3. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. ORDINA.NCe no. PAGE 2 Section 4. Safety Clause. The City Council hereby finds, determines, ~nd declares that this ordinance is promulgated under the seneral police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Councll further determines that the ordinance bears a rati0nal relation to the proper legislative object sought to be atta~.;2d. Section 5. This orjinance shall take effect publication. 1 day~ after final I~rRODUCCD, READ, h~D ADOPTSD on first reading by a vote of R to n on this 11th day of January , 1988, ordered published in full in a newspaper of general circulation in the City of Wneat Ridge and Public Hearing and consideration on final passage set for February 8 , 1988, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2/8/88 Continued to February 22, 1988. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 1988. SIGNED by the Mayor on this day of , 1988. ~J~ DAN IHLDE, t1AYOR Wanda Sang, City Clerk ATTORNEY 1st Publication: January 14,1988 2nd PUblication: Wheat Ridge Sentinel Effective Date: g'H;;f' J !j ., hH ~ f: fi .'al~': ::, i; ,Iii ~! ~i h'.il 'i fi UA~.. 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A. ,. .;:~.J:: I~i~i~~ ~l!:;~~ i~!..~"~ . .iUi~ ~:- l~" r ~I ~~i! :e~i;h ~ ' H1 'II'.' . rOIl':' ~.~ tili: l'"lJ~~I""P' I !1 ~: ~: ~~ "" il i: ~, .. ."':1, f: .( i ~ 1 l i a: ., ;1 !l 'I I: ;i ~! ~ - (!~ ;J'O,i I 1 . j ~'I f~ P .~.~!!'~"~;~"~!~"i~'" i@' ! . :~!.,'^:,~i.:~ii~~~~.i ~1~ ~ '..~fr~~~;~:t~-i~~i~!l !.5 - oaQ, ~:. ~~. . i~OIl DDw JI~ .~ ,'~',;;8I,'Q.~.~6 : ."~I~!.l ~!: ...._&1l8;1~ .. Ii ~!'ll6~l:II~lli~I.li:. f:. 'r!~_li~ A. p- g. ! QS.,.'"l-~~~~~=~~..@ _'I l sl~J~.~a,i~i":~~' ~; D:1 -II .. ...... ,,,.OJ ~ . i~oi~q~..~ai8i~:i..~.~ ..i . -'~'''!i~~';B I~ l' ~ II ~!'8~~!i"~"~!'il~~ _, . 01 I.A..~l l~., i'~81 ~r !i. i:SJ~:i!'ii-~~8. . .....f ..... ~~.. f,~i'i.i ....; !~y ~:f~~~1.~"~-~"~~ 5~ i I_,~o Oi"~OA ~n~ i ~ .f;l'~li .'~. 8i~l. :!:;I ~ i if~. ..~a~~of i~.. ~~'~" ~r~~~~ .~~;: ei a!a~;ii~ ii;~:~(~i~~ ,~ , ~t'. 'i...~i~. ' l~ ~~ie ~c;;!:~~=~i ~i 1_ - .J.. ...... ,-_. -$--->< ~ 1JI !!. " Q ~ Pi ... , 0 ... - o. " 0 - - ::r .. 0 z 0 ~ c z ~ -l -< 0 0 - - "II ::r c.. .. ~ ~ "II '" ~ Ul ::II (j) Cl>nc.. 0 0 P =i 1"1, Z - t8 -< ~, (j) (j) . . ~ * ~ ~ ~~Ul -l 0' (II:J:)> "' " Ul"'Z 0 ~ . !j z . 1'1 "II ::0:0 X 0 ';} o _)> mO-l 0 ~ U)Gl- r 1'10 0 . ~ Z ::II Co )> ... 0 '" 0 !II . ::II Q " '" .. '" lD ~ 0 - :7 .. en :7 :v ~ t " AGENDA ITEM~ CITY OF WHEAT RIDGE - MEMORANUU ,;'~1N 1 1 1Q88 ,,' January 6, 1988 To: !1i~\~7th, City Administrator Gl~idley, Actg. Dir., Planning & Development Annexation Request by Newton Jennings 2905 Young field street From: Subject: As you are aware, Mr. Newt Jennings has petitioned the City to be annexed into the City. Colorado Revised Statutes 31-12-107 sets forth specific requirements and procedures which must be followed in voluntary annexations such as this. The steps involved are summarized as follows: 1. Petition for Annexation along with an Affidavit of Circulator must be submitted. Also a map of the area proposed for annexation must be submitted. These have been submitted and appear in order. (Attached as Exhibits 1, 2 and 3). 2. Resolutions finding both "In Compliance" and "Not in , Compliance" must be forwarded to City Council. (Attached as Exhibits 4 and 5). Upon review of the information in Number 1 above, Council must adopted either resolution based upon the findings relating to the fact as required by law. 3. Should Council adopt the "In Compliance" Resolution, then they must pass a Resolution which sets a hearing for the petition. (Attached as Exhibit 6). 4. Additionally, an Ordinance must be approved on 1st Reading, 2nj Reading to occur on the set hearing date. (Staff suggests the hearing date of February 8, 1988. The proposed Council Bill is attached as Exhibit 7). 5. Once Council has acted affirmatively on the passage of the Resolutions and 1st Reading of the Ordinance, a series of four (4) weekly publications, as well as official notification of various special districts and governmental agencies must occur. 6. The final step is the Public Hearing and passage of the Ordinance. Annexation/Jennings 2905 Youngfield Street Page 2 SUGGESTED MOTIONS: 1. Resolution Number "I move for passage of Resolution No. which finds that the petition for annexation of the legally described property, also known as 2901 Youngfield Street, to be in compliance with Colorado Revised Statutes and is, therefore, eligible for annexation." 2. Resolution Number "I move for passage of Resolution No. , which sets a hearing date of February 8,1988, "GO consider approval of annexation of 2901 Youngfield Street." 3. Council Bill Number "I move for adoption of Council Bill No. and order it to be published for Second Reading and Public Hearing on February 8, 1988." City of Wheat Ridge In this space there is a large scale map that could not be scanned at the this time. Please see the Wheat ridge Clerks office if you would like to see the map. Ex \-H5 \1 ;;! 2- PE'rITION FOR ANNEXATION \ THE UNDERSIGNED, being one hur~~od "~~~Dn~ 0F ~~e ~.ners the real property described herein doa pu~suant co C.R.S. ~31-12-107(1), do hereby petition the City Council of the City of Wheat Ridge, Colorado, to annex the real property described in Exhibit A, which is attached hereto and expressly incorporated herein, into the City of Wheat Ridge after compliance with all notice and hearing requirements prescribed by statute, and as grounds therefor state as follows: = 1. It is both desirable and necessary that such area as owned by the undersigned and described in aggregate and by individual ownership in Exhibit A be annexed to the City of Wheat Ridge. 2. The area proposed to be annexed meets all applicable statutory prerequisites including: (a) Not less than one-sixth of the perimeter of the to be annexed is contiguous with the City of Wheat area ~:=:Joosed Ridge; (b) A community of interest exists between the area proposed to be annexed and the city; and (c) None of the specific limitations set forth in C.R.S. ~~31-12-l04 and -105 are applicable to the properties set forth in Exhibit A. 3. The signers of this Petition for Annexation comprise the landowners of one hundred percent of the territory included in the area proposed to be annexed, exclusive of streets and alleys. 4. The undersigned hereby waive any vested property rights they may have under state law within the area to be annexed. If the proposed annexation is approved, this Petition for Annexation may be recorded by the City in the real property records of the Clerk and Recorder of Jefferson County as evidence of this waiver. 5. No signature on this petition is valid if it is dated more than one hundred eighty days prior to the date of the filing of this petition with the City Clerk. 6 . withdraw with the No person signing this petition shall be permitted to his or her signature after the petition has been filed City Clerk. 7. The undersigned have complied with all requirements 0 C.R.S. 531-12-107111 !n ~~c~2~~tion, execution and submission 0 this Petition for Annexation. WHEREFORE, the undersigned request the City Council of the City of Wheat Ridge to: (a) approve the annexation of the area proposed to be annexed as described in Exhibit A; (b) accept the within petition for Annexation; (c) set, provide for notice and publication of, and thereafter hold all required public hearings relating to this requested annexation; and (d) do all acts required by properties described in Exhibit A D /..J. -/,f- f 7 (Date) Newton and Shirley Jennings Type Name 5390 Union Way Address Arvada, CO 80002 Subscribed and sworn to before rre this 18 th day of December 198 7 . My commission expires: ,;{! r.nCt. I?(f tff J Notary Public 1-16-90 2 ExI+Ie:,ll -it.3 AFFIDAVIT OF PETITION CIRCULATOR The undersigned affiant hereby swears or affirms: 1. My name is Newton Jennings and my address is 5390 Union Way, Arvada, CO 80002 2. I circulated the original of the attached copy of a Petition for Annexation and collected the signatures shown thereon. 3. Each signature found on the original of the attached copy of the Petition for Annexation is the signature of the person whose name it purports to be. Further affiant saith not. () IZ-If.-<g~ Subscribed and sworn to before me this 1 day Decanber , 1982.. My commission expires: 1-16-90 ~-- / 2 _/ '/ ~ <----:--\~Lt' 7t'L /, (".J L ~e^-) Notary Public r - ft" t::.x. 1+ \ b I I Lj- RESOLUTION NO. Series of 1988 TITLE: A RESOLUTION FINDING CERTAIN PROPERTY ELIGIBLE FOR ANNEXATION IT IS HEREBY RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: 1. Having held a Public Hearing concerning the Petition for Annexation attached hereto as Exhibit A and receiving evidence and testimony from all persons desiring to be heard, the City Council finds: a. The requirements of the applicable parts of Sections 31-12-104 and -105 of the Colorado Revised Statutes have been satisfied, b. An election is no~ received unJer Section 31-12-107(2) of the Colorado Revised Statutes, and c. No additional terms and conditions need to be imposed upon the proposed annexation. 2. THEREFORE, the City Council finds that the area that is the subject of the Petition for Annexation is eligible for annexation, said land being legally described as follows: A portion of the NW 1/4 of the SW 1/4 of Section 29, Township 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado, described as follows: Commencing at the southeast corner of the NW 1/4 of the SW 1/4 of said Section 29; thence S 90000'00" W a distance of 21.11 feet to a point on the west line of that tract of land described in Book 359 at Page 359 of the official records of said Jefferson County, and the Point of Beginning; thence S 90000'00" W, a distance of 140.47 feet to a non-tangent point on the easterly right-of-way line of Interstate Highway No. 70 as described in Book 1952 at Page 272 of the official records of said Jefferson County, and whose radius point bears N 77022'38" W, a distance of 5880.00 feet; thence along the easterly right-of-way line of Interstate Highway 70 as described in Book 1952 at Page 279 and Book 1937 at Page 361 of the official records of said Jefferson County, on a curve to the northwest whose central angle = 02007'44n, whose radius = 5880.00 feet, and whose chord bears N 11033'36" E, a distance of 218.46 feet to a non-tangent point; thence leaving said easterly right-of-way, N 89043'26" E, parallel with the north line of the NW 1/4 of the SW 1/4 a distance of 95.88 feet to a point on said west line of that tract described in Book 359 at Page 359, a distance of 214.50 feet to the Point of Beginning; containing 0.578 acres, more or less. RESOLUTION NO. Series of 1938 DONE AND RESOLVED this ATTEST: day of Page 2 , 1988. Dan Wilde, Mayor Wanda Sang, City Clerk Ul-\-Ie>fT its RESOLUTION NO. Series of 1988 TITLE: A RESOLUTION TO TAKE NO ACTION ON A PETITION FOR ANNEXATION IT IS HEREBY RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: 1. The Petition for Annexation attached hereto as Exhibit 1 was filed with the City Clerk and referred to the City Council for action. 2. The Petition for Annexation is not in substantial compliance with C.R.S. 31-12-107(1). 3. The City Council is required by State law to take no further action on the Petition for Annexation. DONE AND RESOLVED this day of , 1988. Dan Wilde, Mayor ATTEST: Wanda Sang, City Clerk E.. t< f.\ \ ~ IT It w RESOLUTION NO. Series of 19~ TITLE: A RESOLUTION TO SET A HEARING ON A PETITION FOR ANNEXATIO~ IT IS HEREBY RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: 1. The Petition for Annexation attached hereto as Exhibit 1 was filed with the City Clerk and referred to the City Council for action. 2. The Petition for Annexation is in substantial compliance with C.R.S. 31-12-107(1). 3. No election for annexation has been held within the last twelve months for the same or substantially the same area. 4. A hearlng shall be held: February 8, 1988 at 7:30 P.M. City of Wheat Ridge Municipal Building Council Chambers 7500 West 29th Avenue Wheat Ridge, Colorado to determine whether the proposed annexation complies with CRS 31-12-104 and -105. 5. The City Clerk is hereby directed to arrange for appropriate and timely notices to be pUblished pursuant to C.R.S. 31-12-108(2). day of , 1988. DONE AND RESOLVED this Dan Wilde, Mayor ATTEST: Wanda Sang, City Clerk E- 'i- \--I- \ ~ I( tt-, INTRODUCED BY COUNCILMEMBER ORDINANCE NO. Series of 1988 TITLE: A BILL FOR AN ORDINANCE ANNEXING CERTAIN PROPERTY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Annexation. The following described real property is hereby annexed into the City of Wheat Ridge, Colorado: A portion of the NW 1/4 of the SW 1/4 of Section 29, Township 3 South, Range 69 West of the 6th P.H., Jefferson County, Colorado, described as follows: Commencin~ at the southeast corner of the NW 1/4 of the SW 1/4 of said Section 29; thence S 90000'00" W a distance of 21.11 feet to a point on the west line of that tract of land described in Book 359 at Page 359 of the official records of said Jefferson County, and the Point of Beginning; thence S 90000'00" W, a distance of 140.47 feet to a non-tangent point on the easterly right-of-way line of Interstate Highway No. 70 as described in Book 1952 at Page 272 of the official records of said Jefferson County, and whose radius point bears N 77022'38" W, a distance of 5880.00 feet; thence along the easterly right-of-way line of Interstate Highway 70 as described in Book 1952 at Page 279 and Book 1937 at Page 361 of the official records of said Jefferson County, on a curve to the northwest whose central angle = 02007'44", whose radius = 5880.00 feet, and whose chord bears N 11033'36" E, a distance of 218.46 feet to a non-tangent point; thence leaving said easterly right-of-way, N 89043 '26" E, parallel with the north line of ~..'-- .H' 1/4 of the SW 1/4 a distance of 95.88 feet to a point on said west line of that tract described in Book 359 at Page 359, a distance of 214.50 feet to the Point of Beginning; containing 0.578 acres, more or less. Section 2. Annexation Map. A map in the form prescribed by C.R.S. 31-12-107(1)(d) is attached hereto as Exhibit 1. Section 3. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. ORDINANCE !In PAGE 2 Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. This ordinance shall take effect publication. days after final INTRODuceD, READ, AND ADOPT~D on first reading by a vote of to on this day of , 1988, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for February 8 , 1988, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 1988. SIGNED by the Mayor on this day of , 1988. DAN WILDE, MAYOR Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY JOHN HAYES, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Sentinel Effective Date: RESOLUTION NO. 1069 Series of 1988 TITLE: A RESOLUTION FINDING CERTAIN PROPERTY ELIGIBLE FOR ANNEXATION IT IS HEREBY RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: 1. Having held a Public Hearing concerning the Petition for Annexation attached hereto as Exhibit A and receiving evidence and testimony from all persons desiring to be heard, the City Council finds: a. The requirements of the applicable parts of Sections 31-12-104 and -105 of the Colorado Revised statutes have been satisfied, b. An election is not received under Section 31-12-107(2) of the Colorado Revised Statutes, and c. No additional terms and conditions need to be imposed upon the proposed annexation. 2. THEREFORE, the City Council finds that the area that is the subject of the Petition for Annexation is eligible for annexation, said land being legally described as follows: A portion of the NW 1/4 of the SW 1/4 of Section 29, Township 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado, described as follows: Commencing at the southeast corner of the NW 1/4 of the SW 1/4 of said Section 29; thence S 90000'00" W a distance of 21.11 feet to a point on the west line of that tract of land described in Book 359 at Page 359 of the official records of said Jefferson County, and the Point of Beginning; thence S 90000'00" W, a distance of 140.47 feet to a non-tangent point on the easterly right-of-way line of Interstate Highway No. 70 as described in Book 1952 at Page 272 of the official records of said Jefferson County, and whose radius point bears N 77022'38" W, a distance of 5880.00 feet; thence along the easterly right-of-way line of Interstate Highway 70 as described in Book 1952 at Page 279 and Book 1937 at Page 361 of the official records of said Jefferson County, on a curve to the northwest whose central angle = 02007'44", whose radius = 5880.00 feet, and whose chord bears N 11033'36" E, a distance of 218.46 feet to a non-tangent point; thence leaving said easterly right-of-way, N 89043'26" E, parallel with the north line of the NW 1/4 of the SW 1/4 a distance of 95.88 feet to a point on said west line of that tract described in Book 359 at Page 359, a distance of 214.50 feet to the Point of Beginning; containing 0.578 acres, more or less. RESOLUTION NO. Series of 1938 1069 DONE AND RESOLVED this 11th ATTEST: / I ,I ""--./I/I )l-d~^--, '.~ /f--n <I Wanda Sang, City C\~rk day of TanllRry LJ-e,-,,~~, Dan Hilde, Hayor Page 2 , 1988. RESOLUTION NO. 1070 Series of 199a--- TITLE: A RESOLUTION TO SET A HEARING ON A PETITION FOR ANNEXATION IT IS HEREBY RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: 1. The Petition for Annexation attached hereto as Exhibit 1 was filed with the City Clerk and referred to the City Council for action. 2. The Petition for Annexation is in substantial compliance with C.R.S. 31-12-107(1). 3. No election for annexation has been held within the last twelve months for the same or substantially the same area. 4. A hearing shall be held: February 8, 1988 at 7:30 P.M. City of Wheat Ridge Municipal Building Council Chambers 7500 West 29th Avenue Wheat Ridge, Colorado to determine whether the proposed annexation complies with CRS 31-12-104 and -105. 5. The City Clerk is hereby directed to arrange for appropriate and timely notices to be published pursuant to C.R.S. 31-12-108(2). DONE AND RESOLVED this 11th day of January , 1988. ~ A'A)~ Dan Wilde, Mayor ATTEST~ J_- Cler. PETITION FOR ANNEXATION THE UNDERSIGNED, being one hundred percent of the owners of the real property described herein and pursuant to C.R.S. ~3l-12-107(1), do hereby petition the City Council of the City of Wheat Ridge, Colorado, to annex the real property described in Exhibit A, which is attached hereto and expressly incorporated herein, into the City of Wheat Ridge after compliance with all notice and hearing requirements prescribed by statute, and as grounds therefor state as follows: 1. It is both desirable and necessary that such area as owned by the undersigned and described in aggregate and by individual ownership in Exhibit A be annexed to the City of Wheat Ridge. 2. The area proposed to be annexed meets all applicable statutory prerequisites including: (a) area proposed Ridge; Not less than one-sixth of the perimeter of the to be annexed is contiguous with the City of Wheat (b) A community of interest exists between the area proposed to be annexed and the City; and (c) None of the specific limitations set forth in C.R.S. ~~31-12-104 and -105 are applicable to the properties set forth in Exhibit A. 3. The signers of this Petition for Annexation comprise the landowners of one hundred percent of the territory included in the area proposed to be annexed, exclusive of streets and alleys. 4. The undersigned hereby waive any vested property rights they may have under state law within the area to be annexed. If the proposed annexation is approved, this Petition for Annexation may be recorded by the City in the real property records of the Clerk and Recorder of Jefferson County as evidence of this waiver. 5. No signature on this petition is valid if it is dated more than one hundred eighty days prior to the date of the filing of this petition with the City Clerk. 6. withdraw with the No person signing this petition shall be permitted to his or her signature after the petition has been filed City Clerk. 7. The undersigned have complied with all requirements of C.R.S. S31-12-107(1) in preparation, execution and submission of this Petition for Annexation. WHEREFORE, the undersigned request the City Council of the City of Wheat Ridge to: (a) approve the annexation of the area proposed to be annexed as described in Exhibit A; (b) accept the within Petition for Annexation; (c) set, provide for notice and publication of, and thereafter hold all required public hearings relating to this requested annexation; and (dl do all acts required by statute and law to annex the properties described in Exhibit A 'nto the ity of Wheat Ridge. u / 2 ~/g./g7 /.2. -It, t 7 (Date) Newton and Shirley Jennings Type Name 5390 Union Way Address Arvada, CO 80002 Subscribed and sworn to before me this 18 th day of December 198 7 . My commission expires: 1-16-90 ./ ~ , . /'\ 1- 'c., T70 Notary Public /) (( /! ,t ( . ( \. 2 City of Wheat Ridge In this space there is a large scale map that could not be scanned at the this time. Please see the Wheat ridge Clerks office if you would like to see the map. CITY OF WHEAT RIDGE - MEMORANDUM January 5, 1987 From: wan\\ ~g, City Clerk Glen~ey, Actg. Dir., Planning & Development Jennings Annexation/Special Districts To: Subject: The area proposed for annexation located at 2905 Youngfield Street is included within the following special districts: Sanitation: Northwest Lakewood Sanitation District 2680 Youngfield Lakewood, CO 80215 \rJater: Consolidated Mutual Water District 12700 West 27th Avenue Lakewood, CO 80215 Schools: Jefferson County R-1 School District 1829 Denver West Drive Bldg. 27 Golden, CO 80401 Fire: Lakewood Fire Protection District 1545 Robb Street Lakewood, CO 80215 Parks: Prospect Recreation District 4198 Xenon Wheat Ridge, CO 80033 Drainage: Urban Drainage & Flood Control District 2480 West 26th Avenue Suite 1568 Denver, CO 80211 Jennings Annexation/Special Districts Page 2 Transit : Regional Transportation District T31<1 Division 1600 Blake Street Denver, CO 80202 Electric & Gas Public Service Company of Colorado 1123 West 3rd Avenue Denver, CO 80204 Attn: Rod Yeager Telephone: Mountain Bell 1005 - 17th Street Room 250 Denver, CO 80202 In addition to the above, the County Clerk and the County Attorney are required to be notified of the proposed annexation, by registered mail, at least 25 days prior to the scheduled hearing date. sb/C.1.7. AFFIDAVIT OF PETITION CIRCULATOR The undersigned affiant hereby swears or affirms: 1. My name is Newton Jennings and my address is 5390 Union Way, Arvada, CO 80002 2. I circulated the original of the attached copy of a Petition for Annexation and collected the signatures shown thereon. 3. Each signature found on the original of the attached copy of the Petition for Annexation is the signature of the person whose name it purports to be. Further affiant saith not. :J I Z- / t .-37 Subscribed and sworn to before December , 1982-. day My commission expires: 1-16-90 . 1. I , P, ,~ "\0 I.. I:' l:, Ie.'\..( u~, \. Notary Public CITY OF WHEAT RIDGE - MEMORANDUM December 22, 1987 To: Wanda Sang, City Clerk /' t1ike Smith, City cc: Administrator .John Hayes, City Attorney From: Glen Gidley, Acting Director, Planning & Development Suoject: Annexation Petition - Jennings I have received the attached Petition for Annexation from Newton and Shirley Jennings, for property located along the west side of Youngfield, just south of the 1-70 northbound ramp. I have also attached copies of information provided me by John Hayes, which outline the annexation process requirements and model forms, resolutions, etc. I have not yet received a copy of the annexation maps, so instead I have attached a City map showing the location. Please carry through with those requirements of notice and hearings as set forth by Statute, as detailed herein. A rezoning case will be initiated through Planning Commission, with final hearing at Council after the annexation hearing. Attachments sb/C.4.2. CITY OF WHEAT RIDGE - MEMORANDUM December 22, 1987 To: Wanda Sang, City Clerk cc: Mike Smith, City Administrator John Hayes, City Attorney V{j/ From: Glen Gidley, Acting Director, Planning & Development Suoject: Annexation Petition - Jennings " I have received the attached Petition for Annexation from Newton and Shirley Jennings, for property located along the west side of Youngfield, just south of the 1-70 northbound ramp. I have also attached copies of information provided me by John Hayes, which outline the annexation process requirements and model forms, resolutions, etc. I have not yet received a copy of the annexation maps, so instead I have attached a City map showing the location. Please carry through with those requirements of notice and hearings as set forth by Statute, as detailed herein. A rezoning case will be initiated through Planning Commission, with final hearing at Council after the annexation hearing. A.ttachments sb/C.4.2. . HAYES & PHILLIPS, P.c. Attorneys at Law Suite 450, The Market Center 1350 Seventeenth Street Denver, Colorado 80202-1517 (303) 825-6444 John E. Hayes Herbert C Phillips Victoria M Bunsen James S Maloney Paul Godec Of Counsel Harvey W Curtis Star L Waring PROCEDURE FOR ANNEXATION OF PROPERTY PURSUANT TO PETITION This procedure outlines the steps necessary to complete an annexation that has been initiated by the filing of a petition by 100% of the landowners within the area to be annexed. It does not apply to related situations such as the filing of a petition for annexation election or annexation initiated by the City. For further details, consult the City Attorney and Part 1, Article 12, Title 31 of the Colorado Revised Statutes (which have been amended in 1987 by Senate Bill No. 45). Forms attached include: CI) Petition for Annexation o Affidavit of petition circulator, 3. Resolution finding petition for annexation not in compliance with the law, 4. Resolution finding petition for annexation in compliance with the law and setting a public hearing. 5. Notice to be published, 6. Resolution setting forth findings and conclusions from public hearing, and 7 Annexation ordinance. I. Filing Petition for Annexation A. City Clerk ensures that: 1. All signatures are dated 180 days or less before the date of filing. C.R.S. ~31-12-107(1)(e). 2. Four copies of the annexation map are attached. C.R.S. ~31-12-107(1)(d). 3. The affidavit of the circulator 1S attached. C.R.S. ~31-12-107(1)(c)(IX). B. City Clerk refers the petition to the City Council as a communication. C.R.S. S31-12-107(1)(f). C. Signatures shall be deemed sufficient unless an owner in fee of an undivided interest in the same area of land objects in writing to the City Council within 14 days after the filing of the petition. C.R.S. S31-12-107 (7) . II. Action by City Council A. City Council, without "undue" delay, must determine whether the petition is in compliance with C.R.S. S31-12-107 (l) . B. If it is not in compliance, the Council must make this finding by a resolution. C. If the petition is in compliance, the City Council must adopt a resolution: i. Finding the petition is in substantial compliance with C.R.S. S31-12-107(1), ii. Finding that no election for annexation has been held within the last twelve months for the same or substantially the same area, and iii. Establishing a date, time, and place for a hearing to determine whether the proposed annexation complies with C.R.S. SS31-12-104 and -105. The date must be 30 to 60 days after the effective date of the resolution. A hearing need not be held if it is determined conclusively that the requirements of sections -104 and -105 have not been met. III. Notice Requirements A. The City Clerk must publish a notice once a week for four successive weeks. The first publication must be at least 30 days prior to the date of the hearing. Proof of publication should be kept for entry into the record at the hearing. B. The published notice must contain a copy of the petition as filed (excluding signatures) together with a notice that, on the given date and at the given time and place, the City Council shall hold a hearing upon the petition for the purpose of determining and finding whether the area proposed to be annexed meets the 2 applicable requirements of sections 31-12-104 and 31-12-105 and is considered eligible for annexation. C. The City Clerk must send, by registered mail, at least twenty-five days prior to the date of the hearing, a .V:\ copy of the published notice, the resolution and the ,1}V petition as filed to the: \'t:.! ;:! ~ County clerk, I // 21( County attorney, ~~~ Any school district having territory within the ~}"'''\ area to be annexed, and , 4.,~ ,Any special district having territory within the '^ l, (/,( area to be annexed. ) j'1 ....,) y.,j ,,) 0 C.R.S. S31\i2-108(2). IV. preparation for hearing A. Unless the area to be annexed is less than ten acres in total area or unless the county has waived this requirement,an annexation impact report must be prepared. The details of what this contains are found in C.R.S. S3l-12-108.5. B. The annexation impact report must be prepared at least twenty-five days prior to the hearing and must be filed with the board of county commissioners at least twenty days before the hearing. V. Hearing A. The proceedings must be recorded. B. Any person may appear and present evidence upon any matter to be determined by the city. C. The City Council must adopt a resolution setting forth its findings of ~ an?i~ conclusion based thereon with reference to:'--~ 1. Whether or not the requirements of the applicable parts of sections 31-12-104 and -105 have been met, 2. That an election is not required under section 31-12-107(2), 3. Whether any additional terms and conditions are to be imposed. 3 D. If the resolution finds that the requirements are met and no election is required, and also that no additional terms and conditions are to be imposed, the City Council may annex the area by ordinance. VI. Effective date; required filings A. The annexation shall be effective on the effective date of the annexing ordinance and after the certified copies have been recorded (see C below). B. The Clerk must keep on file a copy of the annexation map and the original of the annexing ordinance. , , c. '; r '-\. ----.., L~ '" \J r Y ,,- , / , \ :r J l'\"" ,"\" <-, 4 ~ \ ~, D. \ '(' Two certified copies of the ordinance and map <containing a legal description) must be recorded with the county). The annexation is effective for the purpose of general taxation on the ensuing January 1. C.R.S. ~3l-l2-ll3. VII. Zoning and Subdivision A. zoning procedures may be initiated any time after the resolution is adopted finding the petition for annexation to be valid. B. The proposed zoning ordinance may not be passed on final reading prior to the date when the annexation ordinance is passed on final reading. c. The same rules apply to subdivisions. C.R.S. ~3l-l2-ll5. 4 City of Wheat Ridge In this space there is a large scale map that could not be scanned at the this time. Please see the Wheat ridge Clerks office if you would like to see the map. CITY OF WHEAT RIDGE - MEMORANDUM January 6, 1988 To: Subject: t1i{~\~Yth, City Administrator Gl~idley, Actg. Dir., Planning & Development Annexation Request by Newton Jennings 2905 Young field Street From: ------------------------------------------------------------------- As you are aware, Mr. Newt Jennings has petitioned the City to be annexed into the City. Colorado Revised Statutes 31-12-107 sets forth specific requirements and procedures which must be followed in voluntary annexations such as this. The steps involved are summarized as follows: 1. Petition for Annexation along with an Affidavit of Circulator must be submitted. Also a map of the area proposed for annexation must be submitted. These have been submitted and appear in order. (Attached as Exhibits 1, 2 and 3). 2. Resolutions finding both "In Compliance" and "Not in Compliance" must be forwarded to City Council. (Attached as Exhibits 4 and 5). Upon review of the information in Number 1 above, Council must adopted either resolution based upon the findings relating to the fact as required by law. 3. Should Counci 1 adopt the "In Compliance" Resolution, then they must pass a Resolution which sets a hearing for the petition. (Attached as Exhibit 6). 4. Additionally, an Ordinance must be approved on 1st Reading, 2nd Reading to occur on the set hearing date. (Staff suggests the hearing date of February 8, 1988. The proposed Council Bill is attached as Exhibit Once Council has acted affirmatively on the passage of the Resolutions and 1st Reading of the Ordinance, a series of (4) weekly publications, as well as official notification various special districts and governmental agencies must occur. 6. The final step is the Public Hearing and passage of the Ordinance. Annexation/Jennings 2905 Youngfield Street Page 2 SUGGESTED MOTIONS: 1. Resolution Number {~ "I move for passage of Resolution No. which finds that the petition for annexation of the legally described property, also known as 2901 Young field Street, to be in compliance with Colorado Revised Statutes and is, therefore, eligible for annexation." 2. Resolution Number 10 'v "I move for passage of Resolution No. , which sets a hearing date of February 8,1988, to consider approval of annexation of 2901 Youngfield Street." 3. Council Bill Number :)2:::.,: "I move for adoption of Council Bill No. and order it to be published for Second Reading and Public Hearing on February 8, 1988." E,)(JHBI,ti 2- PETITION FOR ANNEXATION THE UNDERSIGNED, being one hundred percent of the owners of the real property described herein and pursuant to C.R.S. ~3l-12-107(1), do hereby petition the City Council of the City of Wheat Ridge, Colorado, to annex the real property described in EKhibit A, which is attached hereto and expressly incorporated herein, into the City of Wheat Ridge after compliance with all notice and hearing requirements prescribed by statute, and as grounds therefor state as follows: 1. It is both desirable and necessary that such area as owned by the undersigned and described in aggregate and by individual ownership in Exhibit A be annexed to the City of Wheat Ridge. 2. The area proposed to be annexed meets all applicable statutory prerequisites including: (a l area proposed Ridge; Not less than one-sixth of the perimeter of the to be annexed is contiguous with the City of Wheat (b) A community of interest exists between the area proposed to be annexed and the City; and (cl None of the specific limitations set forth in C.R.S. ~~3l-l2-104 and -105 are applicable to the properties set forth in Exhibit A. 3. The signers of this Petition for Annexation comprise the landowners of one hundred percent of the territory included in the area proposed to be annexed, exclusive of streets and alleys. 4. The undersigned hereby waive any vested property rights they may have under state law within the area to be annexed. If the proposed annexation is approved, this Petition for Annexation may be recorded by the City in the real property records of the Clerk and Recorder of Jefferson County as evidence of this waiver. 5. No signature on this petition is valid if it is dated more than one hundred eighty days prior to the date of the filing of this petition with the City Clerk. 6. withdraw with the No person signing this petition shall be permitted to his or her signature after the petition has been filed City Clerk. 7. The undersigned have complied with all requirements of C.R.S. ~31-12-107(1) in preparation, execution and submission of this Petition for Annexation. WHEREFORE, the undersigned request the City Council of the City of Wheat Ridge to: (a) approve the annexation of the area proposed to be annexed as described in Exhibit Ai (b) accept the within Petition for Annexationi (c) set, provide for notice and publication of, and thereafter hold all required public hearings relating to this requested annexation; and statute and law to annex the Onto the ity of Wheat Ridge. u / 2 ~/J' .,-)/7 /..J.. -I,f- t 7 (Date) Newton and Shirley Jennings Type N arne 5390 Union Way Address Arvada, 00 80002 Subscribed and sworn to before rre this 18 th day of December , 198--1-. My comuission expires: 1-16-90 , /~< ,7Ta II ~,~ {/r \-) Notary Public 2 Ex~I~rTJt3 AFFIDAVIT OF PETITION CIRCUL~TOR The undersigned affiant hereby swears or affirms: 1. My name is Newton Jennings and my address is 5390 Union Way, Arvada, CO 80002 2. I circulated the original of the attached copy of a Petition for Annexation and collected the signatures shown thereon. 3. Each signature found on the original of the attached copy of the Petition for Annexation is the signature of the person whose name it purports to be. Further affiant saith not. 1 IZ-lf~g7 Subscribed and sworn to before me this 1 day December , 1982-. My commission expires: 1-16-90 '-- ,~ . Lf 7"1:-,_ Ii (~c (~~f ~. Notary Public G~te,IT its RESOLUTION NO. Series of 1988 TITLE: A R8S0LUTION TO TAKE NO ACTION ON A PETITION FOR ANNEXATION IT IS HEREBY RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: 1. The Petition for Annexation attached hereto as Exhioit 1 was filed with the City Clerk and referred to the City Council for action. 2. The Petition for Annexation is not in substantial compliance with C.R.S. 31-12-107(1). 3. The City Council is required by State law to take no further action on the Petition for Annex~tioD. day of , 1988. DONE AND RESOLVED this Dan Wilde, Mayor ATTEST: Wanda Sang, City Clerk