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HomeMy WebLinkAboutResolution-1998-1654 Resolution No. 1654 Series of 1998 A RESOLUTION MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTION 17, TOWNSHIP 3, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO. WHEREAS, an annexation petitIOn was filed With the CIty requestll1g the annexatIOn of certam unmcorporated territory located m the County of Jefferson and State of Colorado, otherWise known as Beyer Property Parcell and hereafter described 111 Exhibit A which is attached hereto and made part hcreof; and WHEREAS, said petitIOn was forwarded to the City Council, and WHEREAS, the City Council of the City of Wheat Ridge, Colorado, found substantial compliance of said petitIOn With CR.S SectIOn 313-12-107, and WHEREAS, the City Council of the City of Wheat Ridge, Colorado, conducted a public heanng as reqUired by law to determine the eligibility for annexation of that property described in attached Exhibit A; and WHEREAS, public notice of such public hearing was given as reqUired by law: and WHEREAS, the publIc heanng on said annexatIOn was conducted 111 accordance With the reqUirements of the law, and WHEREAS, pursuant to C R.S Section 31-12-110, the City CounCl!, slttmg as the governll1g body of the City of Wheat Ridge, Colorado, is reqUired to set forth Its findll1gs offact and Its conclUSIOn as to the elIgibility of that property described 111 attached Exhibit A for annexatIOn to the City of Wheat Ridge NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNC1L OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS. SectIOn I A plan for that area encompassing the property descnbed on attached Exhibit A has been adopted by the City CounCil pursuant to C .R.S Section 31-12-105(1 )( e) SectIOn 2 Not less than one-SIxth of the penmeter of the area proposed to be mmexed as descnbed on attached Exhibit A IS contiguous With the eXlstll1g boundanes of the City of Wheat RIdge as reqUIred by law Section 3 A commul1lty of ll1terest eXists between the area proposed to be annexed as descnbed on attached Exhibit A and the City of Wheat Ridge and that the area will be urbal1lzed 111 the near future. SectIOn 4. The area proposed to be mmexed as descnbed on attached Exhibit A IS ll1tegrated or capable ofbell1g ll1tegrated with the CIty of Wheat Ridge Section 5 The limitatlons of the Municipal AnnexatIOn Act and the ConstitutIOn of the State of Colorado do not prevent the annexation of the subject property of any part thereof Sll1ce a. No land 111 the terntory to be annexed which is held 111 Identical ownership and consists of either a sll1g1e tract or parcel, or two or more conliguous tracts or parcels has been divided or portion thereof excluded from the area to be annexed without the written consent of the owners thereof; b No land 111 the tern tory to be annexed which IS held 111 identical ownershIp and compnses twenty (20) or more acres, having an assessed valuation for ad valorem tax purposes 111 excess of $200,000 00 in the year next prcced1l1g the annexatIOn, has been 1I1cludcd 111 the area to be annexed without the wntten consent of the landowners, c No proceedmgs have been commenced by another muniCipality for the annexatIOn of all or part of thc tern tory to be annexed by the City of Wheat RIdge; and d. The anncxatlOn Will not result 111 the detachment of the area from the school district 111 which It IS currently located. Section 6 The pehtlon for the annexation of that real estate described on attached Exhibit A meets the reqUirements of law and IS in proper order for annexation for the property proposed to be annexcd as described in attached Exhibit A. SectIOn 7 No election IS reqUired pursuant to C.R, S. Section 31-12-\07(2) or any other law of the State of Colorado or the City of Wheat Ridge SectIOn 8 Thc proposed annexation Will not have the etlect of extendll1g a 1I1u!1lClpal boundary more than three miles 111 any direction from any pOll1t of the City boundary 111 anyone year SectIOn 9 The entire Width of any street or alley to be annexed IS ll1cluded wlthll1 the annexatiOn. Beyer Parcel 1 - Fmdmgs of Fact ResolutIOn No. Page 2 Section 10 The property described on the attached Exhibit A IS eligible for annexatIOn to the City of Wheat Ridge and all reqUirements of law have been met for such annexation, mc1ud1l1g the reqUirements of C .R.S Section 31-12-104 and 31-12-105, as amended. SectIOn 11 An ordmance annexmg that property described on attached Exhibit A to the City of Wheat Ridge shall be considered by this City Council pursuant to C.R.S Section 31-12- 111 RESOLVED AND PASSED t11lS 71rn day of MArch , 1998 ATTEST -L Wanda Sang, City Clerk _ d'. \ \ccrpts\reslJ-ord\bevcrl fJ Beyer Parcell - Fmdmgs of Fact ResolutIOn No Page 3 EXHibiT "A" Parcel 1 LEGAL DESCRIPTION Beglnnlf)~ at the Southeast corner o( the Nor1heost 1/4 o( sold Section 17 1 Thence Nor1herly along the East line of sold Northeast 1/4 278,56 f..t to the nor1hea.t comer of parcel 1 o( Standley Hleghts Ex.mptlon Su.....y No. 1 as r.carded in the o/lidol r.cords o( the County o( Jefferson. State of Colorado, 2. Tho,,,.' Westerly along the north IIn. o( sold Parc.1 Nor1h....st comer o( sold Porc.1 1. 218,04 (eet 10 Ih. 5. Th.nc. South.rly along th. ...e.t lin. o( said Parc.1 278.58 to th. South lin. o( th. North.ost 1/. at soid s.ctlon 17 . Th.nce East.rly along the said South line o( th. Nor1h.o.t 1/4, 218.02 (.et to the point o( B.ginning. Containing 1,.39 ocr.s