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HomeMy WebLinkAboutRTD Ward Road Park & Ride ~ -? -------- RECEPTION NO. F 0 (;) ~.'j:l. ~)~:J 'J 4/22/19S 4:34:50 PG: 001-007 PAGE FEE: 3b.00 DOC.FEE: 0.00 RECORDED IN JEFFERSON COUNTY, COLORADO A~NEXATIOI'\ AGREEMENT (0 THIS AN1\iEXi\TIOJ\i AGREEMENT made and executed this 20.r!!- davof /\/(2, ( , 1999, by and between the CITY OF VvnEAT RIDGE. COLORADO. a Colorado home rule mUlllClpal corporatlon (heremafter referred to as the "Cay"), and Regional TransportatIOn Dlstnct (RTD) or their assIgns (hereInafter referred to as the "Landowner") J___ 1 \\ I T NESS E T H Whereas, the Cay of\Vheat fudge. Colorado, IS a Colorado home rule mUlllclpal corporatIOn, posseSSIng all of the powers and authontles granted to a pursuant to Article XX of the constitutIOn of the State of Colorado, the Home Rule Charter of the City as adopted by the resIdents and electors of the City, and those State Statutes applJcable to the CIty. which statutes Include the MUlllCtpal AnnexatIOn Act of 1965. C.R.S ~ 31-1::-101, et seq, and \Vhereas. RegIOnal TransportatIOn Dlstnct IS the Landowner of that certaIn real property / whtch IS IdentIfied m Exhibit A whIch IS attached hereto and expressly Incorporated herem. / whIch property IS contiguous to the corporate boundartes of the City of Wheat RIdge. and whIch IS elIgible for annexatIOn mto the City of Wheat RIdge; and Whereas, the City WIshes to annex the property described In ExhibIt A, and the Landowner of the property described In Exhiba A Wishes to have the same annexed mto the City. subject to all of the terms and cond!tlons set forth herem, and \Vhereas, the Cny and the Landowner Wish to set forth m thiS AnnexatIOn Agreement all of the terms and conditIOns whIch shall be applIcable to the annexatlon of said property mto the boundanes of the Cay, and whIch shalL pursuant to the terms hereof. govern certam aspecls of the relatlons between the parties from and after the tlme of saId annexatIon. NOW, THEREFORE, the parties hereto. for themselves. theIr heIrS. successors and assIgns. do hereby covenant. warrant. and agree as follows Secllon 1. Agreement Regardmu Zommz. The property descnbed m ExhibIt A shall be re-zoned by the Wheat RIdge Cny Councllm accordance with the proVISIOns of thiS paragraph. A. The property, whIch consists of S acres more or less, shall be zoned CommerCIal One (C-l), m accordance wah City of\Vheat fudge Zonmg RegulatIOns SectIOn 2b-22, with restncllons. Exhibit B attached to and Incorporated herem. shall serve as the speCific lIst of land uses permItted on and restncted from occumng on the property RECEP, HO. F08519;'j'J B The additIOnal land use ofPubhc TransportatIOn Park and RIde Faclhty specIfically for the temporary parkmg of cars relatIve to partIcIpatIOn and use of pubhc transportatIOn servIces shall be recogmzed as an allowable and permItted land use SectIOn 2. Roadwav Improvements. No roadway Improvements shall be reqUIred relative ~ ?- solely to the annexatIOn and zOlllng of the subject propertj SectIon 3. Vested Rl!!hts, The Landowner agrees to waIve any and all nghts whIch have vested as to the annexed property pnor to the date of annexatIOn approval by the City CouncIl of the City" of Wheat Rtdge SectIon 4. ProvIsIOn ofvVater and Sewer ServIces The Landowner acknowledges and understands that the City of Wheat Rtdge does not provIde water andJor sewer servIces The Landowner shall be solely responsible for obtammg such servIces through Colorado specIal dlstncts, or by pm'ate contract, and acknowledges that the City has no responsiblltty whatsoever to provIde smd servIces. SectIon 5. Contmgent Nature of Agreement. Tills Agreement IS expressly contmgent upon the fulfillmg by both Landowner and the City of all actIOns whIch are necessary to annex all of the property described m ExhibIt A. lfthe annexatIOn of all of saId property, subject to all of the terms and condItIons of thIS l'\nnexatlon Agreement. IS not accompltshed, the City shall be obltgated to dIsconnect any portion of the property preVIOusly annexed mto the City upon receIpt of a wntten demand from the LandO\vner that saId dIsconnectIOn actlOn take place SectIOn 6. Enforcement RemedIes, A. The Landowner may enforce agamst the City through any equitable actIOn, mcludmg the seekmg of mjunctIve or mandator;. mjunctIve reltef. all of the proVISIOns of paragraphs 1,2,3,4 and 5 hereof. B l\ny CitYWIde ordmance whIch IS not mconslstent WIth any of the proVIsIOns of paragraphs I and 2 above shall be appltcable to and enforceable agamst the Landowner or hIS successor, m the same manner as the same are enforceable agamst any other property owner wlthm the CIty SectIon -:'. Agreement to be Recorded, ThIS AnnexatIon Agreement shall be recorded by the City upon Its adoptIOn by the vVheat Rtdge City CouncIl, SectIon 8. Bmdmg on Successors. ThIS AnnexatIon Agreement, and each and ever;. proVISIOn thereof, shall be fully bmdmg upon each of the partIes hereto, as well as any heIrS successors. or assIgns of either part;, RECEPTIOH HO. F 0 /:\ ~'j :l ') ~:j ':J SectIon 9. EntIre Agreement. ThIs AnnexatlOn Agreement conslltutes the entire agreement between the partIes. and supersedes any other \-vntlen agreements or any verbal understandmgs whIch may have been reached between the partIes pnor to the executIOn hereof. SectIon 10. Amendment. ThIs AnnexatlOn Agreement may be amended only upon a wntmg sIgned by each of the partIes after proper and lawful approval thereofby the Cny CouncIl A of the CIty of \\l1eat RIdge or the Landowner d CITY OF WHEAT RIDGE. COLOR.ADO a home rule mUI11clpal corporatIon BY' A'}\I~-iO~ A~ T0 I "'G~t r<:." : ~ -." Ifff ~ TRANSPOiTAllON C' C m ~ C-, }:::- '~'" i ttC'.AA, CO\.H< $crl Authonzed Agent for ReglOnal TransportatIon Dlstnct I cemfy that the mformatIon and exhIbIts herevilth submitted are true and correct to the best of m~ kno\\. ledge Subscnbed and sworn to me thIS qf-tL da: of ~ . 1999 d{ ~ uLu 0(. :-JOT.-\RY PUbLIC ? .~, ~,,~ " , td. . iu~ ~ . 7":.. VI'." .'" . J;' S EAL_ " ,__~.t ( , -;~ -- .~; ~.~ ~ :VIy CommlsslOn ExpIres My Gcn;miss:on b;p,r~s 07/1312001 RECEPT IOH HO. F 0 /:\ ~'.i :1. ~1~.i ':) EXHIBIT A RTD Property 4- Bezinninc at the Northeast comer of the N.\V. 1/4 of SectIOn 20, Tovinshio 3 Sout..1, Range 69 West ..... .::::. .. - of the 6e'l Pnncipal Meridian. . T~ence S 00 15' 12" E along the said East line of the said Northwest 1/4 of section 20 a distance of Ti) 69 reel. Thence S 890 44' 43" Wa distance of 50 reet to the True Point of Beginning. Tnenc:: S 74034' 48" Wa distance of 625.31 feet. Thence S 00 15' 12" E a dis~ce of299.97 feet. Tnence S 74035' 03" W a distance of 10.36 fee:. Thence S 00 15' 12" E a distance 0[227.30 feet. Tnence N 89044' 48" E a distance of9.96 feet. Tnence S 00 15' 12" E a distance of 103.65 feet. Tnence N 650 53' 18" E a dIstance of 192.47 feet. Thence N 640 05' 33" E a distance of 474.30 fee:. Tnence N 00 15' 12" Wa dIstance of 514.03 feet to the True POInt of beginning. This parcel contains 350,040.02 sq. ft. . or 8.036 acres The perimeter length is 2457.35 feet EXHIBIT B RECEPTIOH HO. F () B 51 '359 RTD ZONI~G The Zoning for the properTy described m Exhibit A shall be CommercIal-One (C -1) pursuant to SeclJon 26-22 of the \Nheat RIdge Code of Laws. with the folloWIng modIficatIOns. restnctlOns. and reqUIrements .--- -.7 l. Permiued Principal L'ses ]\;0 buIlding or land shall be used and no bUlldmg shall be erected. converted or structurally altered unless otherWIse provIded herein except for one (11 or more of the follOWing uses A. The follOWing uses permItted under SectIOn 26-22 (B), CommerCIal One Dlstnct (C-1) of the \\l1eat RIdge Code of Laws ~ ~ .) 4 5 6 s Banks. lImIted to 2,000 square feet. ChIld care centers. Offices general bUSIness and profeSSIOnal offices. Park-N-Rlde. Parking of automobIles of clIents, palJents. and patrons of occupants of adjacent commercIal dlstncts. Sit down restaurants. ServIce establIshments as lIsted below' a. Bluepnntlng, photostatIc copYIng. and other SImIlar reproductIOn servIces, however. not IncludIng large pnntIng, publIshIng andJor book bindIng establishments LaUI1dnes and dry cleaning shops Shoe repair shops TaIlonng. dressmakmg, or clothIng alteratIOn shops Watch and Jewelry repair shops. TeleVISIOn. radIO. computer. small appliance repair and service shops. Stores for retaIl trade as listed beio\\" a. Bakenes. retarl. b Book stores and newsstands. c. Camera and photographIC servIce and suppl: stores. d. Candy. nut and confectIOnery stores e Convemence store WIthout gasolIne pumps. lImited to 5.000 square feet. Delicatessens and coffee shops. Drug stores Flora] shops. b c d. ~ .... P L f. g h. R TD Zomng L ses WZ-9S-1 - PJge I RECEPTIOH HO. F08519~.i'3 !. GIft, novelt: or souvenIr stores. J Jewelry stores. k. 0iotlOns stores. 1. Optical stores m. PIcture framIng shops. n. Stationer: stores. o \'Ideo stores ~ Slle Plall Requiremelll' All permllted pnnclpal uses as listed above shall be reqUIred to receIVe approval of a site plan pnor to Issuance of a bUlldmg permn. The sne plan shall be prepared m accordance wnh SectIOn 26-6(E)C), Type II Site Pl3.n. of the Wheat RIdge Code of Laws. The SIte plan shall be revIewed by the Plannmg ComrmsslOn and CIt: CouncIl at a public heanng followmg the public notIce requl[ements of SeCtion 26-6(F) II III. Prohibiled Cses The follOWIng uses shall be prohibned. ') All adult entertaInment facIlllJes as defined In Section 3-1 of the \Vheat RIdge Code of Laws. Automobile, truck, motorcycle andJor assocIated equIpment sales. rental. repaIr. and/or storagelJmpound lots CommercIal machIne shops RecreatIOnal vehIcle, camper and/or assocIated eqUIpment sales andlor repal[, or storage lots. Churches. LIquor stores. MortUanes and crematonums Pawn shops Golf courses Tobacco shoDs. Taverns. rught clubs. lounges, pnvate dubs and bars Truck stops 3 .:f 5 6 - I 8, 9 10 11 12. I\' Special Cses' Any use proposed for the property not spec1fically listed m Section I above. but permitted II1 the CommercIal-One zone dlstnct as a condItIOnal use or speCIal use. shall be processed In accordance wnh SectIOn 26-6(B), SpeCIal Uses. of the \Vheat RIdge Code of Laws. Specd uses shall be sub] ect to revIew by Plannmg CommIssIon and CIt) CouncIl and shallmclude the approval of a site plan as reqmred m SectIon 26-6(B \, In accordance WIth Section 5-10 of the Cny Charter AddItIOnally. SectIOn 5 10 of the CIt: of Wheat RIdge Cay Charter. titled Action by Ordmance Reqmred. and mcludmg specIfic procedures relative to legal protests. shall be m effect and applIcable to the grantmg of SpecIal Uses. RTD Zomn; uses \\'Z-98-[- P:1ge ::: RECEPTIOH HO. Foa5:l,:)~.i9 \ Developmenr Standards' All uses shall be subject to the development and use standards enumerated for the CommerCIal-One zone dlstnct m SectIOn 26-22(F) of the Wheat RIdge Code of Laws. The parkmg reqUIrement for any use permitted eIther as a pnnclpal permItted use or a specIal use shall be satIsfied by the parkmg proVIded 1I1 the Park-]\;- RIde faCIlIty and no addItIOnal parkmg spaces shall be reqUIred. C PL.-\;'\''JI:--JG C -\SES' C CndzOntllguses.\vpJ RTD Zonmg uses "\'Z-%-1- PJge ~ 1 CITY OF WHEAT RIDGE MEMORANDUM TO: Mayor and City Council FROM: Robert C. Middaugh, City Manager SUBJ: SPECIAL MEETING TO CONSIDER ANNEXATION PETITIONS DATE: October 21, 1998 As the Council IS aware the City has receIved petItIOns for annexatIOn from RTD for their Park and Ride facility on Ward Road, and for the Kaiser-Permanente facility on Ward Road. These petItions have prevIOusly been distributed to City Council as a communication from the City Clerk as reqwred by State statute. One of the procedural steps that must be taken in an annexation process is the adoption of a resolutIon making certain findings of fact at the begIruung of the process. The resolutIOn makes certain statutory findings that confirm among other things that contiguity exists with the annexing Jurisdiction, and that other certam statutory requirements are met before the annexation can proceed. It IS m1portant for the Council to note that this prelIminary resolution makmg findings of fact m no way approves the annexatIOn or zoning for the subject property The resolutIOn is procedural and only a first step in order to move forward WIth the entire annexatIOn process later on. When we receIved the petItIOns, we believed that it was possible to wait to adopt this prelirrnnary resolutIOn until after the November 3 electIOn. Unfortunately, we have learned that there IS a court case that might be interpreted to mean that filing is the time of the City Council's adoption of the prelIrrnnary resolution making certain findings for the parcels to be annexed. In order to protect the City's right to proceed WIth the annexatIOn and to assure that there can be no possibilIty of a challenge mounted later, It IS important that the City Council pass the attached resolutions for the two parcels m question. As indicated., the resolutIOns are largely procedural and if some point later on m the process the CIty Council detemnnes that an annexatIOn IS not appropnate, It can still be rejected at that point in tIme. The City Council's mdulgence m conductmg a Special meeting for this purpose IS certainly apprecIated., and It will protect the CIty'S mterest over the long term Approval of the resolutIOns IS recommended. Respectfully subrrntted., ~ Robert C Middaugh CIty Manager MlO.2! [I GORSUCH KIRGIS liP ATTORNEYS AT LAW MEMORANDUM TO. Mayor and City Council FROM: Gerald E. Dahl DATE: October 20, 1998 RE. Administrative Requirement for Filing of Annexation Petitions with the City Council As Council is aware, the City has received two petitions for annexation of property north of 1-70 and west of Ward Road. Those petitions have been received by the City Clerk and transmitted to the City Council as required by the annexation statute. In reviewing the statute and case law from the early 1980s, I have concluded that, to complete the administrative function of the "filing of the petitions" with the Council, the Council must adopt the required resolution, finding substantial compliance with the statute (1/6 contiguity; proper signatures, etc.) and setting a public hearing on the matter. The annexation statute states that once annexation petitions have been filed with the Council, the incorporation election process does not affect the ability of the municipality to later act to annex the property. In order for the Council to preserve its option to decide (in December) whether or not to annex either of these properties, it is necessary that the required statutory step of "filing" the petitions be completed on or before October 23, 1998. I suggest a short special meeting pursuant to Section 5.2(a) of the Charter to accomplish this. I want to emphasize that the Council's action in adopting a resolution finding substantial compliance and setting an annexation hearing is an administrative step only, and does not affect, in any way, the Council's later decision on whether or not to annex the property after the hearing is held. All this administrative step does accomplish is to preserve the Council's ability to make that later decision. I do not anticipate that these two resolutions will consume more than 15 minutes at the special meeting. GED\53027\299360.0 1 TO: Wanda Sang, City Clerk FROM: Gretchen Cerveny, Mayor Pursu nt to Charter Section 5.2(a), I request that you call a special meeting of the City Council for: ~qL-~ 5:00 p.m. Friday, October 23, 1998 City Council Chambers 7500 West 29th Avenue Wheat Ridge, Colorado The purpose of the meeting will be to consider two resolutions finding substantial compliance and setting a public hearing on annexation. CITY OF WHEAT RIDGE, COLORADO NOTICE OF SPECIAL MEETING PUBLIC NOTICE IS HEREBY GIVEN of a special meeting of the Wheat Ridge City Council, called pursuant to Section 5.2(a) of the Wheat Ridge Home Rule Charter for the following date, time and location: 5:00 p.m. Friday, October 23, 1998 City Council Chambers 7500 West 29th Avenue Wheat Ridge, Colorado The purpose of the meeting will be to consider a resolution mandating substantial compliance and setting a public hearing on annexation. Given this 20th day of Octobe'. 1998. / ~ S)1~ L ~ Wanda Sang, City Cler Posted in the office of the City Clerk on October ~, 1998. Published in the Rocky Mountain News on October 22 ,1998. Delivered to the City Council members pursuant to Charter Section 5.2 (a) on October 22 ,1998. '.)r condl't' IOns lmended and * 2. effective II of the Col. n a tWO-third lion (2) of t~ 19S, 200 Co!o, . period. The :he area to b" s for a three which can b" 1e effective So c Pomponio v 496 P.2d 999 tis contiguity. ess than two. .ing city, the xed area and to warrant a crger; where \:ed has oVe~ xing city, the reas is or can = allowed to :he residents 15 recognizes jo Springs is exation law he property an annexed oups of citi. the borders mic base of )Ionies owe hing for the s these peo- exation and every exis- ,f Colorado !, af[,d. 399 55 (1970). in nature. y has dele- . a city. that r. Board of Denver,37 ""dated by property ltiguity for '1encement )f County -.37 Colo. to subsec. annexing .p Annexation - Consolidation - Disconnection 31-12-107 .thoritv must make specific fmdings at a hear. I' that the proposed area to be annexed has ~ thl: rcq~isite ?~undar~ contiguitY' for th.c ;oJ uisitt: penod of tIlle betore such an area 15 ~ibk for 3nnexation by the governing bodv ;1);3rio v. City of Colorado Springs. 200 Colo. ::;.616 P2d 113 (19~0). < The size and shape of a parcel to he annexed f immaterial and is conclusively a legislative .roWm. Board of County Comm rs v. City & ~Juntv of Denver, 37 Colo. App. 395, 548 P.2d 1;2 (1976). A puhlic way or a portion of a public way can ~ utilized as a noncontiguous boundary of the al1nexed territory. since the statute contains no uch restriction. Board of County Carom'rs v ~,ty & County of Denver, 37 Colo. App. 395.548 p:d 922 (1976). Streets not exempt from suhseetion (3). If the leneral assembly had intended that streets be ~~duded from the definition 01 sok ownershIp, It would have provided an exception to that effect. Board of County Comm'rs v. City & County of Denver, 190 Colo. 8. 543 P.2d 521 (1975). Determination of sole ownership invoh'ing Ilreet as only contiguous point. Even though contiguity is not affected by the existence of a ltreet the determination of sole ownership for purpose of annexation under ~ 31.12.106 (3) is ,ffected by a street owned by an entity other than the annexing authority where that street wnstitutes the o;ly contig~ous land. Boaru of County Comm'rs v. City & County of Denver, 190 Colo. 8, 543 P.2d 521 (1975). Measurements for determining houndary coatiguity confined to area's perimeter. The measurements for determining boundary conti- guitv under subsection (2) of this section must be confined solely to the perimeter of the area proposed be annexed. Cesario v. City of Co 1- orado Springs. 200 Colo. 459. 616 P.2d 113 (19811). Where city owns 50.foot strip in land to be annexed. Since the city council must lkciJt; whether annexation will be approved under ~ 31-12.1117 (I)(g) where owners of 100 percent of the land to be annexed had signed the petition. no purpose would be served by requiring the city. as owner of a 50.foot contiguous strip in the land to be annexed. to sign a petition addressed to itsdf. Likewisl.:. to require that since the city has not signed the petition, it must first annc~ the 50-foot strip pursuant to subsection (3) of this section, would be to establish a procedure that does not comport with the legislative man- date that the purpose of the act is to provide for the "orderly growth of urban communities" Board of County Comm'rs v. City & County of Denver, 38 Colo. App. 171,556 P.2d 486 (1976). afrd. 194 Colo. 252. 571 P.2d 1094 (1977). County.owned street may be used as Hpole". It is not permissible to include and use a county street as the "pole" in order to meet the section 31-12-104 (1) contiguity requirement, but to ignore the county ownership of the street for purposes of meeting the subsection (3) sole ownership requirement in a city annexation ordinance. Board of County Comm rs v. City & County of Denver. 190 Colo. 8. 543 P.2d 521 (1975). Where plaintiffs fail to go forward to demon- strate any deficiency in houndaries to defeat the contiguity requirement, findings of ultimate fact are substantially in the language of the statute and are sufficient when based on evidence not specifically controverted by other evidence in the record. Adams v. City of Colorado Springs. 178 Coio. 241,496 P.2d 1005 (1972). Applied in McArthur v. Zaoka, 177 Colo. 337 494 P.2d 89 (1972); Slack v Citv of Colorado Springs. 655 P.2d 376 (Colo. 1982)~ etitions for annexation and for annexation elections. (I) Petition for nexati a The landowners of more than fifty percent of the area, excluding public streets and alleys, meeting the requirements of sections 31-12-104 and 31-12-105 may petition the gov- erning body of any municipaiity for the annexation of such territory. (b) The petition shall be filed with the clerk. (c) The petition shall contain the following: (I) An allegation that it is desirable and necessary that such area be annexed to the municipality; (11) An allegation that the requirements of sections 31-12-104 and 31-12-105 exist or have been met: - (III) An allegation that the signers of the petition comprise the landowners of more than fifty percent of the territory included in the area proposed to be annexed, exclusive of streets and alleys; (IV) A request that the annexing municipality approve the annexation of the area pro- POsed to be annexed; (V) The signatures of such landowners; (V!) The mailing address of each such signer' (VII) The legal description of the land owned by such signer; (VIII) The date of signing of each signature; and 31-12-107 Government - Municipal 6SB (IX) The affidavit of each circulator of such petition. whether consisting of one Or more sheets, that each sIgnature therem IS the sIgnature of the person whose name it PUr. ports to be. (d) Accompanying the petition shall be four copies of an annexation map containing the following information. (I) A written legal description of the boundaries of the area proposed to be annexed; (II) A map showing the boundary of the area proposed to be annexed; (1II) Within the annexation boundary map. a showing of the location of each ownership tract in unplatted land and. if part or all of the area is platted. the boundaries and the pial numbers of plots or of lots and blocks; (IV) Next to the boundary of the area proposed to be annexed, a drawing of the Con. tiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. (e) No signature on the petition is valid if it is dated more than one hundred eighty days prior to the date of filing the petition for annexation with the clerk. All petitions which sub. stantiaily comply with the requirements set forth in paragraphs (b) to (d) of this subsection (1) shall be deemed sufficient. No person signing a petition for annexation shall be permit. ted to withdraw his signature from the petition after the petition has been filed with the clerk. except as such right of withdrawal is otherwise set forth in the petition. (f) The clerk shall refer the petition to the governing body as a communication. The governing body. without undue delay. shall then take appropriate steps to determine if the petition so filed is substantially in compliance with this subsection (1). (g) If the petition is found to be in substantial compliance with this subsection (1), the procedure outlined in sections 31-12-108 to 31-12-110 shall then be followed. If it is not in substantial compliance, no further action shall be taken. except that the governing body shall make such determination by a resolution and except that when the petition is signed bv the owners of one hundred percent of the area proposed to be annexed, exclusive of streets and alleys. the governing body may by ordinance annex such area to the municipal. ity without election. as provided in section 31-12-111, unless additional terms and condi. tions are to be imposed. The ordinance annexing such area shall include a statement that the owners of one hundred percent of the area have petitioned for such annexation. (2) Petition for annexation election: (a) The qualified electors may petition the governing body of any municipality to com. mence proceedings for the holding of an annexation election in the area proposed to be annexed. This petition shall meet the standards described in paragraphs (c) and (d) of this subsection (2) and either' (I) Shall be signed by at least seventy-five qualified electors or ten percent of said elec. tors. whichever is less, if such area is located in a county of more than twenty-five thousand inhabitants; or (II) Shall be signed by at least forty qualified electors or ten percent of said elector~ whichever is less. if such area is located in a county of twenty-five thousand inhabitants or less. lb) The petition shall be filed with the clerk. (c) The petition for annexation election shall comply with the provisions of paragraph (c) of subsection (1) of this section; except that: (I) Rather than an allegation of any certain percentage of land owned. it shall contain an allegation that the signers of the petition are qualified electors resident in and landown. ers of the area propused to be annexed; and (ll) The petition shall request the annexing municipality to commence proceedings for the holding of an annexation election. ld) The requirements and procedures pruvided for in paragraphs (e) and (f) of subsec' tion (I) of this section shall be met and followed in a proceeding under this subsection (2). (e) If the petition is found to be in substantial compliance with this subsection (2). the procedure outlined in sections 31-12-10S to 31-12-110 shall then be followed. If the pettllon for an annexation election is not found to be in substantial compliance, no further actIOn shall be taken. except that the guverning body shall make such determination by resolution. If the petition for an annexation election is found to be in substantial compliance with thiS section, the governing body may pass a resolution of intent to annex the land proposed for 1059 .1nnL'.' t~~r~ I~! "c('(!t ~~..cr <h.dl ~"'Iur:-u k;l:'(l 5c:cti~1 (./1 lions (' I n'S("'Il r"J\ rro,.'L' tltat a. \'l';lfl n;ltUfl lo,ate borne II)) is the' mUOIC: (7) this so fee of crnlf1g lionfo compu tilX~S il who is of the I ceJing it. shall (XI munieiJ no suet valid fe Soun 1452. ~ L. 97: ( f. ( If. F Ilf. p I. ~m. J CarporJ: CJ.S. lions, ~ .; Lawn: Cons1itLl 11%3).f, for Tom( Colo. la' nique~ in law. 911\ Jal 658 . . tion, whether consisting of one Or " of the person whose name it pur. s of an annexation map containing the area proposed to be annexed' )sed to be annexed; , ig of the location of each ownership )Iatted. the boundaries and the plat , be annexed, a drawing of the con. contiguous boundary of any other more than one hundred eighty days h the clerk. All petitions which sub. 19raphs (b) to (d) of this subsection lion for annexation shall be permit. ne petition has been filed with the t forth in the petition. ing body as a communication. The 'propriate steps to determine if the subsection (1). ., Jliance with this subsection (l). the hall then be followed. If it is not in on; except that the governing body ~pt that when the petition is signed 'posed to be annexed. exclusive of , annex such area to the municipal. unless additional terms and condi- area shall include a statement that titioned for such annexation. g body of any municipality to com. lection in the area proposed to be cd in paragraphs (c) and / d) of this' electors or ten percent of said elee. of more than twenty-five thousand ors or ten percent of said electors, , twenty-five thousand inhabitants Y with the provisions of paragraph. age of land owned, it shall contain j electors resident in and landown. ality to commence proceedings for i, n paragraphs (e) and (f) of subsec- aceeding under this subsection (2). 'liance with this subsection (2), the all then be followed. If the petition 1tial compliance. no further action. ,such determination by resolution. in substantial compliance with this ~nt to annex the land proposed for, 659 Annexation - Consolidation - Disconnection 31-12-107 annexatIon, subject to th~ procedure outlined insections 31-12-108 to 31-12-11 () and subject thereafter to an annexatIOn electIon to be held 1I1 accordance with section 31-12-112. (3) Procedures alternatIve. The procedures set forth in subsections (1) and (2) of this ection are alternat1ve to each other and to any procedure set forth in section 31-12-106: s xcept that a petition for annexation election filed pursuant to subsection (2) of this section ~halI take pr~cedence over an annexation petition involving the same territory and filed pursuant to sUbscctlOn (1) of th1S section If such pet1tlon tor annexati?n election is filed at i<;ast ten days prIor to the heanng date set for the annexation pet1t10n filed pursuant to sub- ection (1) of thls sectIOn. S (.J) Additional terms and conditions on the annexation. Additional terms and condi- tions mav be 1mposed by the governmg body m accordance with section 31-12-112. (5) If a petition is filed pursuant to subsection (1) or (2) of this section and the territo- r\' sought to he annexed meets the specifications of section 31-12-1U6 (1) the governing body of the mUI1lclpahty w1th wh1ch the petltIon 1S filed shall thereupon initiate annexation proceedings pursuant to the appropriate provisions of section 31-12-106 (1). 1n the event that any governing hody fails to initiate such annexation proceedings within a period of one year from the time that such petition is filed, annexation may be effected by an action in the nature of mandamus to the dlstnct court of the county where the land to be annexed is located, and the petitioner's court costs and attorney's fees incident to such action shall be borne by the municipality. (6) No proceedings for annexation to a municipality may be initiated in any area which is the same or substantially the same area in which an election for annexation to the same municipality has been held within the preceding twelve months. (7) For the purpose of determining the compliance with the petition requirements in this section. a signature by any landowner shall be sufficient SO long as any other owner in fee of an undivided interest in the same area of land does not object in writing to the gov- erning body of the annexing municipality within fourteen days after the filing of the peti- tion for annexation or annexation election. The entire area of the land signed for shall be computed as petitioning for annexation if such signing landowner has become liable for taxes in the last preceding calendar year or is exempt by law from payment of taxes. One who is purchasing land under a written contract duly recorded shall be deemed the owner of the land which is subject to the contract if he has paid the taxes thereon for the next pre- ceding tax year The signers for an area owned hy a corporation, whether profit or nonprof- it. shall be the same persons as those authorized to convey land for such corporation. (8) No power of attorney providing the consent of a landowner to be annexed by a municipality pursuant to this section shall be valid for a term of more than five years, and no such power of attorney executed before the effective date of this subsection (8) shall be valid for a term of more than five years after the effective date of this subsection (8). Source: 1. 75: Entire title R&RE, p. 1080. ~ 1 effective July 1 (l)(d)(IV) amended, p. 1452. ~ 12, effective July 1 L. 87: (1)(e) and (1)(g) amended. p. 1219. S 3, effective May 28. L. 97: (5) amended and (8) added, p. 995. S 3. effective May 27 1. General Considr.:ration. Annotator~s note. Since ~ 31-12-107 is similar [I. Petition for Annexation. to former ~ 31-8.] 07 prior to the 1975 rcpeal and Ill. Petition for Annexation Election. reenactment of this title, and laws antecedent thereto, relev30t cases construing those provi- sions have been included in the annotations to this section. The 1965 annexation act provided for alter. nate methods of annexing land. Breternitz v. City of Arvada. 174 Colo. 51). 482 P.2d 9:55 (1971). Procedures detailed. This section detailed procedures relating to petitions by those owners residing within or onlv owning tand within the area to~be JonexcJ. Tanner v'-City of Boulder. 151 Colo. 283. 377 P.2d 945 (1%2). Differentiation of petitioner qualifications. Except [or differences regarding the qualifica tions of the petitioners, the procedures under this section ore substantially the same. City of I. GENERAL CONSIDERATION. Am. Jur.2d. See 50 Am. Jur.2d. Municipal Corporations. EIC., ~ 71 . c.J.S. See 62 c.J.s.. Municipal Corrora- 110ns.! 50. Law reviews. For article. 'One Year Review of Constitutional Law". see 40 Den. L. Ctr J. 134 (1%3). For article, "Annexation: Today's Gamble for Tomorrow's Gain-Parts I and 'II", see 17 Colo. Law. 003 (I9RS). For article. "ADR Tech- nLlqueS in ~lunicipal Annexations". see 18 Colo. aw. 901 (1989) 31-12-104 Government - Municipal 650 ordinance, code. or regula tion relating to the construction or occupancy of buildings uPon land or the preparation of such land for such construction. (4) "Enclave" means an unincorporated area of land entirely contained within the outer boundaries of the annexing municipalit) (5) "Identical ownership" means a situation where each owner has exactly the same degree of interest in each separate parcel of two or more parcels of land. (6) "Landowner" means the owner in fee of any undivided interest in a given parcel of land.1f the mineral estate has been severed. the landowner is the owner in fee of an undi. vided interest in the surface estate and not the owner in fee of an undivided interest in the mineral estate. (7) "Nonresident landowner" means any person owning property in the area proPOsed to be annexed who is not a qualified elector and who is at least eighteen years of age as attested to bv sworn affidavit. (is) Period of notice for hearing" means the time between the effective date of the res- olution establishing the hearing date and the date when such hearing first commences. (9) "Qualified elector" means a registered elector, as defined in part 1 of article 1 of this title. who is a resident landowner of the area proposed to be annexed. (10) "Quasi-municipal corporation" means a corporation vested with the municipal powers for the accomplishment of a limited municipal purpose. including but not limited to domestic water districts, metropolitan districts, sanitation districts. water and sanitation dis- tricts. fire protection districts. recreation districts, and disposal districts. (11) "Resident" means one who makes his primary dwelling place within the area pro- posed to be annexed. (12) "Taxpayer" means any person who has paid or becomes liable for ad valorem taxes on real property located in the area proposed to be annexed during a specified peri- od of time. (13) Urban development" means the construction on land of improvements for resi- dential. institutional. commercial. industrial, transportation, public flood control. and recre. ational and similar uses, in contrast to use of the land for growing crops. truck gardening, grazing of farm animals. and other agricultural pursuits. The term also applies to vacant ground which has been or is being prepared for urban development by such steps as subdi- vision into lots or plots and blocks. installation of water and sewer lines. construction of access streets. and construction of railroad spur or branch tracks. Source: L. 75: Entire title R&RE. p. 1076.!i 1. effective July 1 Annotator's note. Since S 31.12.103 is similar to former S 31-8-103 prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, relevant cases construing those provi- sions have been included in the annotations to this section. Status prerequisites for parties. 111c require- ments of ownership in fee ano the liability for taxes are hoth prerequisites for participation ilS a proponent of the annexation, and tht: same requirements confront an opponent of the annexation. City & County of Denver v, Holmes. ] 51i Colo. 5Xo. 400 P.2d 90 i (1965). Option-holder not owner in fee. Where the holder of an option was under no obligation to t,;xercise at 0 tion and could have abandont,;J the development at any time, he was not the "owner in fee" of a single lot at the time he affixed his name to the petition, and since the owners of morc than 50 percent of the area pro~ posed to be annexed had not joined in seeking the annexation, the ordinanc~ of the city council, purporting to annex the acres included in the petition is void. Elkins v. City & County of Den. ver. 157 Colo. 252. 402 P.2d 617 (1965). The streets and public ways in an area were not to be included in calculating the area to be annexed. City & County of Denver v Holmes, 150 Colo. 5Xo. 400 P.2d 901 (1965). Applied in Board of County Comm'rs Y. Cit~ & County of Denver. 193 Colo. 325 506 P.2d 33) ( 1977). .12-104. igibitity for annexation. (1) An area is eligible for annexation if the gOY- . a hearing as provided in section 31-12-10<) finds and determines: . (a) 111at not less than one-sixth of the perimeter of the area proposed to be annexed IS contiguous with the annexing municipality. Contiguity shall not be affected by the existence of a platted street or alley. a public or private right-of-way. a public or private transporta- tion right-of-way or area. public lands. whether owned by the state, the United States. or an agenc} thereof. except county-owned open space. or a lake. reservoir, stream, or other nat- ural or artificial waterway between the annexing municipality and the land proposed to be 651 annexed. Sub} be established toe completed In~ required reZluired by sc ib) That a t/1t: annexing I and that said municipality annexing mun tinding of com competent evi [cast two of th (Ii Less tIc make use of r Recreational. I cent of said arl adult residents ([I) One-h is agricultural. tiarl to devote (III) It is n urban services the same term standard shall is provided or through a qua, (2) (a) Tht not be establisi annexing muni point with the I paragraph (a) < the nearest bm by use of anv I i~directly coi1n Ib) Becaus sought to be pI expressed in se any boundary i jurisdiction to 1 provisions of St annexation. JUI ing a plan in pi tion. in additiol not be, institut injunctive relic date of the ann Ic) ContiQl' Ihis subsecti~n any way any nc Source: L. 7: 1218, ~ 1 effect Cross referenc stitution. Am. Jur.2d. S Corporations. Etl c.J.S. See 62 lions, S 40. occupancy of buildings uPon :ntirely contained within the ] owner has exactly the same :els of land. d interest in a given parcel of , the owner In fee of an Undi. ,f an undivided interest in the 1roperty in the area proposed east eighteen years of age as 1 the effective date of the res. hearing first commences. :ed in part 1 of article 1 of this lnnexed. In vested. with the municipal e, including but not limited to cicts, water and sanitation dis. I districts. mg place within the area pro. comes liable for ad valorem lexed during a specified peri. nd of improvements for resi. lblic flood controL and reere. )wing crops, truck gardening, ~ term also applies to vacant ~ment by such steps as subdi. J sewer lines, construction of :ks. ~t at any time. he was not the of a single lot at the time he .e to the petition, and since the than 50 percent of the area pro- 1exed had not joined in seeking the ordinance of the city council, ,"nex the acres included in the' Elkins v. City & County of Den. ;2,402 P.2d 617 (1965). ad public ways in an area were led in calculating the area to be ..: County of Denver v. Holme~ )() P.2d 901 (1965). c>ard of County Comm'rs v. City nver, 193 Colo. 325. 566 P.2d 335 ble for annexation if the gOY' is and determines: ' ~a proposed to be annexed is t be affected by the existence puhlic or private transporta: ;Iate. the United States. or an' servoir. stream, or other nat. " and the land proposed to be'..Jf , >, 650 Annexation - Consolidation - Disconnection 31-12-104 651 ;I~ nexed. Subject to the requirements imposed by section 31-12-105 (1) (e). contiguity may ~~ established by the annexation of one or more parcels in a series, which annexations may be completed simultaneously and considered together for the purposes of the public hear- . 0 required by sections 31.J2-108 and 31-12-109 and the annexallon impact report I~quired by section 31-12-108.5 r~ (b) Th.at a community of interest exists between the area proposed to be annexed and th' annexmg mumcIpahty; that saId area IS urban or Will be urhamzed m the near future. . nd that said area is integrated with or is capable of being integrated with the annexing '\unicipnhty TIle fact that the area proposed to be annexed has the contiguity with the n nnexing municipality required by paragraph (a) of this subsection (1) shall be a basis for a ~nding ~f compliance with these requirements unless the governing body, upon the basis of comp~tent evidence presented at the hearing provided for in section 31-12-109 finds that at I 'ast twO of the followmg are shown to eXist: ~ (1) Less than fifty percent of the adult residents of the area proposed to be annexed make use of part or all of the following types of facilities of the annexing muni<;ipality. Recreational. CIVIC. SOCIal, relIgIOUS, IndustrIal. or commercIal; and less than twenty-hve per- cent of said area's adult resIdents are employed In the annexIng mUnIcIpalIty. If there are no ',dult residents at the time of the heanng, thIS standard shall not apply , (II) One-half or more of the land in the area proposed to be annexed (including streets) is agricultural, and the landowners of such agricuIturalland, under oath. express an inten- tion to devote the land to such agricultural use for a period of not less than fivc years. (11I) It is not ~hysically practicable to. extend to the area proposed to be annexed those urban services whIch the annexIng mUnICIpalIty provIdes In common to all of ItS CItizens on the same terms and conditions as such services are made available to such citizens. This standard shall not apply to the extent that any portion of an area propo.sed to be annexed is provided or will within the reasonably near future be provided with any service by or through a quasi-municipal corporation. (2) (a) The contiguity required by paragraph (a) of subsection (1) of this section may not be established by use of any boundary of an area which was previously annexed to the annexing municipality if the area. at the time of its annexation. was not contiguous at any point with the boundary of the annexing municipality. was not otherwise in compliance with paragraph (a) of subsection (1) of this section, and was located more than three miles from the nearest boundary of the annexing municipality. nor may such contiguity be established by use of any boundary of territory which is subsequently annexed directly to, or which is indirectly connected through subsequent annexations to, such an area. (b) Because the creation or expansion of disconnected municipal satellites, which are sought to be prohibited by this subsection (2). violates both the purposes of this article as expressed in section 31-12-102 and the limitations of this article, any annexation which uses anY boundary in violation of this subsection (2) may be declared by a court of competent jurisdiction to be void ab initio in addition to other remedies which may be provided. The provisions of section 31-12-116 (2) and (4) and section 31-12-117 shall not apply to such an annexation. Judicial review of such an annexation may be sought by any municipality hav- ing a plan in place pursuant to section 31-12-105 (1) (e) directly affectcd by such annexa- tion. in addition to those described in section 31-12-116 (1). Such review may be. but need not be. instituted prior to the effective date of the annexing ordinance and may include injunctive relief. Such review shall be brought no. later than sixty days after the effective date of the annexino ordinance or shall forever be barred. (c) Contiouitv i~ hereby declared to he a fundamental element in any annexation. and this subsectiobn (:1) shall not in any way be construed as having the effect of legitimizing in any way any noncontiguous annexation. Source: L. 75: Entire title R&RE. p. 1078. ~ 1. effective July 1 L. 87: (1)(a) amended. p. 12]8, ~ I. effective May 28. L. 91: (2) added. p. 763. ~ 1. effective May 15 Cross references: For annexation of unincorporated areas. see S 30 of article II of the Colorado Con- ~titution. Am. Jur.2d. See SA Am. Jur.2d, Municipal Corporations, Ete..!i !i 55.56. . C.J.S. See 62 c.J.S.. Municipal Corpora- tlons.!i 40. Annotator's note. Since!i 31.12.[04 is similar to former!i 31-R-l04 prior to the 1975 repeal and reenactment of this title, and laws anteceuent thereto, relevant cases construing those provi~ _,1-12-105 Government - Municipal ~inns have h8cn included in the annotations to this '!l.'crion. The annexation statutes are more than mere formalities. Johnston v. Cit) Council. 189 Colo. ~~5 '~II P:'d lORI (I Y75) Contiguity required. Territory is eligihk for :mnexation it a percentage of its boundaries arc contiguous with those of J. city. City of Littleton v \\:l~~nblost. \39 Colo. ~.+o. 338 P.2d 1025 ( 19,1J). Specific findings required for proposed area for annexation. In a unilateral annexation pur~ suant to section 31-12-100 (2), the legislative bOG.\' with annexing authority must make specif- ic findings at a hearing that the proposed area to he anncxed has had the re<.1uisite boundary cuo- ti~uitv for the rey.uisitc perioJ of time heforc such an Circa is eligible for annexation by the governin~ body Cesario v City of Colurado Srrings. 2(JII Coio. ~5Y, 616 P2d li3 (19XU). A resolution of the absolute factual existence of the one..shth contiguity requirement is mandatory. Johnston v. City Council. 177 Colo. ::~. 493 P':d 651 (197:). . The size and shape of a parcel to be annexed is immaterial and is conclusive1v a le~i::;lative prohlem. Board of County Comm'rs v" City & County of Denver, 37 Colo. Apr. 3Y5, 5~8 P.2d 9:2 (1976). But courts will not read into the annexation statutes limitations relating to unusual or irregu. lar shapes or patterns of territory annexed. Board of County Comm'rs v. City & County of Denver. 37 Colo. App. 395. 54R P2d 922 (1976). Where the property annexed includes public streets, the court may include the perimeter of the streets in calculating whether one-sixth of the perimeter of the annexed property is con~ tiguous to the annexing municipality. The one- sixth requirement is in no way altered hy !i 31- 12.105 (1)le). Board of County Comm rs v. City of Lakewood, 813 P2d 793 (Colo. App. 1991 I. II is not permissible to include and use a coun. ty street a' Ie" in order to meet the sub. section ) contigu y requirement. hut to ignore the county ownership of the street for purpo't\ of meeting the !i 31-S.11l6(3) sole ownershi requirement in a city annexation ordinant~ Board of County Comm'rs v Citv & County of Denver, 1911 Colo. S. 5~3 P.2d 521 (J 975 i. But a public way or a portion of a puhlic I\'a can be utilized as :l noncontiguous boundary o~ the annexed territury. slnl.:e the statute contains no such restriction. Board of County Comm'rs v City & County of Denver. 3" Colo. Arr 3Y5.548 P:d 922 119761. Legal description held to be in substantial compliance with the requirements of this sec~ tion. Slack v. City of Colorado Springs. 655 P.2d 370 (Coh 1982). Effect of ditch. The statutory requirement of contiguity is satisfied where part of the area to be annexed is bounded by a ditch, the east side of which is contiguous to the city. Rice v. City of Englewood. 1.+7 Colo. 33,362 P.2cl557 11961). Contiguity basis for finding of community of interest. \\;ith respect to the mattt:rs of commu- nity of interest. that the territory is urban or will he urhanized in the near future. and that the ter. ritory is intt;grated or capable of heing integrat- ed into the city, subsection (1)la) of this section provides that the fact that the territory has the contiguity with the annexing municipality required by this article shall be a basis for a find. ing of compliance, and where there was a requi- site continuity, the court erred in its criticism of the findings o'f the city council. Breternitz v. City of Arvada.l74 Colo. 50,482 P..2d 955 (1971). Contiguit), requirement not met where feder- alland intervened between town and the pro. posed annexation and const.:nt was not obtained from federal agency to divide that tract from the rest of the federal lands. Caroselli v. Town of Vail. 706 P.2d 1 (Colo. Arp 19R5). Subsection (1)(a) is not amhiguous; therefore the court will not consider the legislative history of the section to aid in construction. Board of County Comm'rs v. City of Lakewood. 813 P.2d 793 (Colo. App 1991). . mitations. (l) Notwithstanding any provisions of this part 1 to the co~- trary, the f9 wing limitations shall apply to all annexations: (a) stablishing the boundaries of any territory to be annexed. no land held in iden. tical ownership. whether consisting of one tract or parcel of real estate or two or more con- tiguous tracts or parcels of real estate, shall be divided into separate parts or parcels with. out the written consent of the landowners thereof unless such tracts or parcels are separated by a dedicated street. road, or other public way. (b) In establishing the boundaries of any area proposed to be annexed. no land beld in identical ownership. whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate. comprising twenty acres or more (which. togeth- er with the buildings and improvements situated thereon has a valuation for assessment in excess of two hundred thousand dollars for ad valorem tax purposes for the year next pre- ceding the annexation) shall be included under this part 1 without the written consent of the landowners unkss such tract of land is situated entirely within the outer boundaries of the annexing municipality as they exist at the time of annexation. In the application of this para' graph (h), contiguity shall not be affected by a dedicated street. road. or other public way. tc) No annexation pursuant to section 31-12-106 and no annexation petition or petitwn for an annexation election pursuant to section 3[-12-107 shall be valid when annexation (15~ rfl" ,0(1 run of tl h,J tlJut ~IIJl ,!l1I1 d.lte ti~Hl Ppy- hL'~l' Il Jie\! lll"l tp I,l Ih~ ' Ie ~hic ;lny ( mile a pl., right PriOl have ter " sqUJ lerm mun: once divid crty i crshi three (f) platte withi (g) ity sh a [rar but is (h) withil o[lhi valid SOl addec l. 97 1. j] III 1\ 1. C.J. lions, Law Gambi 652 Annexation - Consolidation - Disconnection 653 3l-12-105 Jwnership of the street for purposes the S 31-R.l()tJ(3) sole ownership t in a city annexa.tion ordinance. "unly Comm rs v. City & County of Colo. 8. 543 P.2d 521 (1975). }Iic way or a portion of a public Way ,ed as a noncontiguous houndary of i territory, since the statute contains riction. Board of County Comm'rs v lty of Denver 37 Colo. ;\pp. 395. 548 -61. .icription beld to be in substantial with the requirements of this sec. City of Colorado Springs, tJ55 P.2d '182). ditch. The statutory requirement of ; satisfied where part of the area to is bounded bv a ditch. the east side 'ontiguous to the city. Rice v. City of 147 Colo. 33. 362 P2d 557 (1961). )" basis for finding of communit}" of h respect to the matters of cammu. est, that the territory is urban or will j in the near future, and that the ter- grated or capable of being integrat. :itv, subsection (1)( a) of this section ,l the fact that the territory has the with the annexing municipality ,his article shall be a basis for a find. 'iance, and where there was a requi~ tv, the court erred in its criticism of <f the city council. Breternitz v. City 74 Colo. 56,4R2 P.2d 9"5 (1971). v requirement not met where Ceder- 'vened between town and the pro. ation and consent was not obtained agencv to divide that tract from the ederal lands. Caroselli v Town of j 1 (Colo. App. 1985). ,. (l)(a) is not ambiguous; therefore I not consider the legislative history n to aid in construction. Board of 'drs v. City of Lakewood, 813 P2d pp.1991). 'isions of this part 1 to the con- s: , annexed. no land held in iden- real estate or two or more con. ) separate parts or parcels with. ess such tracts or parcels are proceedings have been commenced for the annexation of part or all of such territory to another mUniCIpalIty. except m accordance wlth the proviSIOns of section 31-12-114 For the purpose of thIS seclIon..proceedmgs are commenced when the petition is filed with the clerk of the annexmg mUniCIpalIty or. when the resolutIOn of mtent IS adopted by the governing bodv of the annexmg mUnlClpalIty If actIOn on the acceptance of such petition or on the res- olutIon of intent by the setting of the hearing in accordance with section 31-12-108 is taken Within ninety days after the said filings if an annexation procedure initiated by petition for annexation is then completed within the one hundred fifty days next following the effective d.lte of the resolution accepting the petition and setting the hearing date and if an annexa- tion procedure initiated by resolution of intent or by petition for an annexation election is prosecuted without unreasonable delay after the effective date of the resolution setting the hearing date. (d) As to any annexation which will result in the detachment of area from anv school district and the attachment of the same to another school district. no annexation pursuant to section 31-12-106 or annexation petition or petition for an annexation election pursuant to section 31-12-l07 is valid unless accompanied by a resolution of the board of directors of the school district to which such area will be attached approving such annexation. (el Except as otherwise provided in this paragraph (e). no annexation may take place which would have the effect of extending a municipal boundary more than three miles in anv direction from any point of such municipal boundary in anyone year Within said three- mile area. the contiguity required by section 31-12-104 (1) (a) may be achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation riaht-of-way or area. or a lake, reservoir. stream. or other natural or artificial waterway P;ior to completion of any annexation within the three-mile area, the municipality shall have in place a plan for that area, which generally describes the proposed location, charac- ter. and extent of streets. subways, bridges, waterways. waterfronts. parkways. playgrounds. squares. parks. aviation fields. other public ways, grounds. open spaces. public utilities. and terminals for water. light. sanitation. transportation. and power to be provided by the municipality and the proposed land uses for the arca. Such plan shall be updated at least once annually. Such three-mile limit may be exceeded if such limit would have the effect of dividing a parcel of property held in identical ownership if at least fifty percent of the prop- erty is within the three-mile limit. In such event. the entire property held in identical own- ership may be annexed in anyone year without regard to such mileage limitation. Such three-mile limit may also be exceeded for the annexation of an enterprise zone. (f) In establishing the boundaries of any area proposed to be annexed. if a portion of a platted street or alley is annexed, the entire width of said street or alley shall be included within the area annexed. (g) Notwithstanding the provisions of paragraph (f) of this subsection (1), a municipal- ity shall not deny reasonable access to landowners. owner of an easement. or the owner of a franchise adjoining a platted street or alley which has been annexed by the municipality but is not bounded on both sides by the municipality. (h) The execution by any municipality of a power of attorney for real estate located within an unincorporated area shall not be construed to comply with the election provisions of this article for purposes of annexing such unincorporated area. Such annexation shall be valid only upon compliance with the procedures set forth in this article. Source: L. 75: Entire title R&RE. p. 1078. ~ 1, effective July 1. L. 87: (l)(e) to (l)(g) added. p. 1218. ~ 2. effective May 28. L. 96: (l)(h) added. p. 1770, ~ 69. effective July 1 L. 97: (1 )( c) and (1 )( d) amended. p. 994, ~ 1. effective May 27 1. General Consideration. see 17 Colo. Law 603 (l98X). For article, "ADR 11. Land Not to be Divided. Techniques in Municipal Annexations. see IS Ill. Land Comprising 20 Acres or More. Colo. Law. 901 (19X9). 1\ Annexation of School District's Land. Annotator's note. Since ~ 31 12.105 is similar to former ~ 31-g-105 prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, relevant cases construing those provi- sions have been included in the annotations to this section. A statute is presumed to be constitutional, and to be declared unconstitutional it must be i to be annexed. no land held in 'el of real estate or two or more 'V acres or more (which. togeth- as a valuation for assessment in purposes for the year next pre- ,thout the written consent of the hin the outer boundaries of the l.ln the application of this para- 'eet. road. or other public way. annexation petition or petition ;hall be valid when annexation I. GENERAL CONSIDERATION. c.J.S. See 62 C.J.5., Municipal Corpora. tions. & 46. Law reviews. For article, "Annexation: Todav s Gamble for Tomorrow's Gain-Parts I and Ii". ~ , ~ ~ I , ~ ~ , PETITION FOR ANNEXATION TO: THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO RE. PROPERTY KNOWN AS. Regional Transportation District Ward Road Park and 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: Regional Transportation District Ward Road Park and Ride: Exhibit A atlached hereto and incorporated hereby 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 GED\53027\296919 01 (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 I ~:Z IU S - l:JO 86 3:J/.:J..O s 3001& 1 'V3~~]1:) ),l/Q M.:10 ),11:) E. No annexation proceedmgs 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 atlachment 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 platled 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 atlached 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 pnor 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. 2 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 as may be otherwise provided in the Regional Transportation District Act, Section 32-9-101, et seq , C.R.S., other applicable legislation, and the Constitution of the State of Colorado. 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 REGIONAL TRANSPORTATION DISTRICT Date of Mailing Address Signature of Landowner 1600 Blake Street /C) -/-'(<<' Denver, CO 80202 Legal Description of Land Owned Cal ara Chairman of the Board Regional Transportation District Exhibit A (atlached) 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 S pages, including this page, and that each signature thereon was witnessed and is the true signature of the person whose name it purports to be ~ -I). aL-tl\/ Circulator STATE OF COLORADO County of JJJ ~ ) ) ) ss. The for~ Affidavit of Circulator was subscribed and sworn ,}q day of " ., 199L, by ho~ cK. d.J..i2-J to before me this My Commission expires' ~~~d ~d?~ Notary Public My Commission Expires 07/13120oi (SEAL) A~.O~"W ~S T=~ ....~~.~' ~ ..~ Ti--';: :QO;1;='~1:f~'J(=T 3 LEGAt C()l,~t-':\~J~l EXHIBIT A A tract or parcel of land No. 1A of t.he St.at.e Depart.:nent. ot Highl.-ays, Division of Highl.-ays, State of Colorado, ProjeCt No. I 70-3(116); QI 70-3(121) containing 166,647 sq. ft., more or less, ~n the NW 1/4 of Section 20, TOI.TIship 3 South, Ra~ge 69 West, of the Sixth Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follo~s: Beginning at a point from I.nich the N'1/4 corner of said Section 20 bears N. 27' 45' 45" E., a distance of 1,402.8 f~t; 1. Thence N. 74' 50' westerly right of (August 1981); 00" E., a distance of 625. 3 f~t to the I.-ay line of S.H. No. 72 (Ward Road) 2. Thence S. 00' 00' 15" E., along said westerly right of I.-ay line a distance of 214.0 feet to the northerly right of I.-ay line of S.H. No. 70 (August 1981); 3. Thence S. 64' 20' 30" W., along said northerly right of I.-ay line, a distance of 468.8 feet; 4. Thence S. 66' 08' 15" W., continuing along said northerly right of I.-ay line, a distance of 197.9 feet; 5. Thence N. 00' 00' 15" W., a distance of 333.4 feet, more or less, to the point of beginning. The less and March I, records . above described parcel contains 166,647 I.-as acquired by the grantor on February 2, 1982 at Reception No. 82013113 of the sq. ft., more or 1982 and recorded Jefferson County AND A tract or parcel of land No. 2 of the Stat.e Department of Highl.-ays, Division of Highways, State of Colorado, Project No. I 70-3(116), QI 70-3(121) containing 116,524 sq. ft., more or less, in the NW 1/4 of Section 20, Township 3 South, Range 69 West, of the Sixth Principal Meridian, in Jefferson County, Colorado, more commonly -If in DC'nvcF. in~crt -CiIY anJ.'" Pag e 1\.10 known as 4625 Ward Road, Wheat Ridge, Colorado, said tract or parcel being more particularly described as follows: Beginning at the center of said Section 20; thence North along the East line of the W 1/2 of said Section 20, a distance of 1,577.6 feet; thence South at an angle of 74' 50' 00" West, a distance of 51.8 feet to the true point of beginning. 1. Thence continuing South 74' 50' 00" West, a distance of 399.6 feet; 2. Thence North and parallel with the East line of the W 1/2 of Baid Section 20, a distance of 200.0 feet; 3. Thence South 74' 50' 00" West and para 11 e 1 to the South line of the tract hereby conveyed, a distance of 225.7 feet; 4. Thence North and parallel with the East line of the W 1/2 of said Section 20, a distance of 100.0 feet; 5. Thence North 74' 50' 00" East and parnll el wi th the line of the tract hereby conveyed, a distance of feet; South 480.48 6. Thence South and parallel with the East line of the West 1/2 of said Section 20, a distance of 150.0 feet; 7. Thence North 74' 50' 00" East and paral1 el with the South line of the tract hereby conveyed, a distance of 144.8 feet; 8. Thence South and parallel with the East line of the West 1/2 of Raid Section 20, a diRt~ce of 150.0 feet, more or les5, to the True Point of Beginning. The above described parcel contains 116,524 square feet, more or less and was conveyed to the grantor on Fehruary 4, 1982 and recorded February 22, 1982 at Reception No. 82011479 of the Jefferson County records. Page Three in the NW 1/4 of Section 20, Tahnship 3 South, Range 69 West, of the Sixt.h Principal Meridian in JefferRon County, Colonillo, more cannonly knO\olT1 as 4605 Ward Road, Wheat Ridge, Colorado, said tract or parcel being more particularly described as follows: Reginning at a point which is 4!'i1.4 feet South at an angle of 74' 50' 00" West from a point that is on the East line of the West 1/2 of said Section 20, and 1,677.6 feet North of the center of said Section 20; thence South 74' 50' 00" West, a distance of 225.7 feet; thence NorUl and parallel with the East line of said Section 20, a distance of 100 feet; thence North 74' 50' DO" East, a distance of 225.7 feet; thence South 100 feet to the point of beginning. The less and March 1, records . above described parcel contains 21,784 square feet, more or was acquired by the grantor on February 2, 1982 and recorded 1982 at Reception No. 82013113 of the Jefferson County AlSO A tract or parcel of land No. SE-1A of the State Department of Highways, Division of Highways, State of Colorado, Project No. I 70-3(116), QI 70-3(121) containing 2,286 square feet, more or less, in the NW 1/4 of Section 20, TO\olT1ship 3 South, Range 69 West, of the Sixth Principal Meridian in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: Beginning at a. point from which the N 1/4 corner of said Section 20 bears N. 27' 45' 45" E., a distance of 1,402.8 feet; 1. Thence S. 00' 00' 15" E., a distance of 230.0 feet; 2. Thence S. 89' 59' 45" W. , a distance of 10.0 feetj 3. Thence N. 00' 00' 15" W. , a distance of 227.3 feet; 4. Thence N. 74' 50' 00" E. , a distance of 10.4 feet, more or less, to the point of beginning . 27, 1989 and recorded on May 3, 1989, at Reception Number 89037733 of the records in the office of the Clerk and Recorder of Jefferson County, specifically to revise the third line of the second paragraph of said parcel description from "running thence S. 74' 50' 00" W., a distance of 255.7 feet; thence" to "running thence S. 74' 50' 00" W., a dis tance of 225.7 feet; thence". 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. Ii GORSUCH KIRGIS LLP ATTORNEYS AT LAW MEMORANDUM TO. Mayor and City Council FROM: Gerald E. Dahl DATE: October 20, 1998 RE. Administrative Requirement for Filing of Annexation Petitions with the City Council As Council is aware, the City has received two petitions for annexation of property north of 1-70 and west of Ward Road. Those petitions have been received by the City Clerk and transmitted to the City Council as required by the annexation statute. In reviewing the statute and case law from the early 1980s, I have concluded that, to complete the administrative function of the "filing of the petitions" with the Council, the Council must adopt the required resolution, finding substantial compliance with the statute (1/6 contiguity; proper signatures, etc.) and setting a public hearing on the matter. The annexation statute states that once annexation petitions have been filed with the Council, the incorporation election process does not affect the ability of the municipality to later act to annex the property. In order for the Council to preserve its option to decide (in December) whether or not to annex either of these properties, it is necessary that the required statutory step of "filing" the petitions be completed on or before October 23, 1998. I suggest a short special meeting pursuant to Section 5.2(a) of the Charter to accomplish this. I want to emphasize that the Council's action in adopting a resolution finding substantial compliance and setting an annexation hearing is an administrative step only, and does not affect, in any way, the Council's later decision on whether or not to annex the property after the hearing is held. All this administrative step does accomplish is to preserve the Council's ability to make that later decision. I do not anticipate that these two resolutions will consume more than 15 minutes at the special meeting. GED\53027\299360.0 1