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HomeMy WebLinkAboutResolution-1998-1657 Resolution No. 1657 Series of 1998 A RESOLUTION FINDING A PETITION FOR ANNEXATION OF TWO PARCELS OF LAND LOCATED IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH COLORADO REVISED STATUTES AND SETTING A HEARING DATE TO CONSIDER THE ANNEXATION WHEREAS, a wnttel1 petitIOn for annexatIOn to and by the City of Wheat Ridge, Colorado of a certam parcel of land as described 111 attached Exhibit A was presented to and filed With the City of Wheat Ridge, Colorado, and WHEREAS, pursuant to C.R.S Section 31-12-107, thiS City CounCiL sltt1l1g as the govermng body of the CIty of Wheat Ridge, Colorado, has reviewed the wntten petitIOn for annexatlOn to determll1e whether there has been substantial compliance With c.R.S 31-12- 107(1), and WHEREAS, the City Council of the City of Wheat Ridge, Colorado has salisfied Itself concermng the substantml compliance of the wntten petition for annexatIOn to and by the City of Wheat Ridge, Colorado NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS SectIOn I. The wntten pehtlOn for annexation substantially complies With C .R.S. Section 31-12- 107(1 ) SectIOn 2. A publIc heanng on said annexatIOn petJtlOn will be conducted on the 11 th day of May, 1998, at the CIty of Wheat Ridge MuniCipal BUlldll1g which is located at 7500 W 29th Avenue, Wheat Ridge, Colorado, 80215, to deten11111e If the proposed annexatIOn complies With C R.S SectIOns 21-12-104 and 313-12-105 or such part thereof as may be required to establish eligibil1ty under the terms of Title 31, Article 12, Part 1, as amended, known as the MumClpal AnnexatIOn Act of 1965, and the Constitution of the State of Colorado, Article 11, SectIOn 30, as amended. ResolutIOn No Page 2 Section 3. Any person living within the area proposed to be annexed, any landowner oflands thereof, any resident of the muniCipality to which the areas IS proposed to be annexed, any mumcipality located wlth1l1 one mile of the proposed annexation, or the Board of County ComllllSSlOners of Jefferson County, may appear at said hearing and present eVidence upon any matter to be determmed by the City Council. RESOLVED AND PASSED thiS 23.r.d day of M,qrrn , 1998 CITY Of WHEAT RIDGE,COLORADO C \,~\ .1 ATTEST I --//~tl-~uL, /;/cu"s Wanda Sang, City Cle.rlL: d.\. \ccrpts\reso-ord\harthrg l.res 1st Publication: April 3, 1998 2nd Publication: April 10, 1998 3rd Publication: April 17, 1998 4th Publication: April 24, 1998 WHEAT RIDGE TRANSCRIPT PETITION FOR ANNEXATION TO: THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO RE. PROPERTY KNOWN AS. 44TH INDUSTRIAl PARK The undersigned landowners, 111 accordance with the provIsIOns of Title 31, Article 12, Part 1, C.R.S and known as the MUl1lclpal Annexation act of 1965, as amended, hereby pelitlOn the City Council for annexation to the City of Wheat Ridge the followmg described umncorporated area situate and bemg m the County of Jefferson, and State of Colorado, to WIt: (See attached Exhibit A attached hereto and mcorporated herell1 by reference.) Your pelilioncrs further state as follows ] That It IS deslrablc and necessary that such area be annexed to the City of Wheat Ridge, Colorado 2 That the area sought to be annexcd meets the reqUirements of Sections 31-12-104 and 105, as amended, of the MUl1lclpal almexatlOn Act of 1965, 111 that: A. Not less than one-sIxth (1/6) of thc penmeter of the area proposed to be almexed IS contIguous with the eXlstmg boundanes of the CIty of Wheat Ridge, Colorado B A commu1l1(y of mterest eXists between the area proposed to be annexed and the City ofwhcat Ridge, Colorado C The area proposed (0 be annexed IS urban or will be urban m the near future and said area IS Il1tegrated or IS capable ofbemg mtegrated with the City of Wheat Ridge, Colorado D No land hcld 111 Idcnlical ownership, whether conslst1l1g of onc tract or parcel or real estatc or two or more conliguous tracts or parcels of real estate (I) IS dIVIded lI1to scparate parts or parcels without the wntten consent of thc landowner or landowncrs thereof, unless such tracts or parcels are separated by a dedIcated street, road, or other public way (2) compns111g 20 acres or morc and whIch, together WIth the bUlldmgs and Improvcments sltuatcd thercon, has a valuation of assessment 111 excess of $200,000 00 for ad valorem tax purposes for the year next precedll1g the anncxalIon, IS lI1cluded wlthll1 thc area proposed to be annexed Without the wntten consent of the landowner or landowners. E. No mmexatJon proceedmgs have been commenced for the annexatIOn to another mUl1lClpal1ty of part or all to the temtory proposed to be annexed. F The mmexatlOn of the area proposed to be mmexed will not result 111 the detachment of the area from any school dlstnct and the attachmcnt of same to another school dlstnct. G The mmexatJon of the area proposed to be annexed will not have the effect of extendmg the boundary of the City of Wheat Ridge more than three miles in any dlrectJon from any point of the CIty's boundary 111 anyone year. H. If a portIOn of a platted street or alley IS to be annexed, the entJre width of said street or alley is mcluded wlthm the area to be annexed. 1. Reasonable access shall not be del1led to landowners, owners of easements or the owners of franchises, ad]01l1111g any platted street or alley to be annexed that will not be bordered on both sides by the City of Wheat Ridge. 3 That attached hereto and I11corporated herem by reference are four (4) pnnts of the annexatJon map, contam1l1g the follow1l1g 1I1formatlOn: A. A wntten legal descnphon of the boundanes for the area proposed to be annexed; B A map showll1g the boundary of the area proposed to be annexed, C With1l1 the annexatJon boundary map, a showll1g of the location of each ownership tract of unplatted land, and, With respect to any area which IS platted, the boundanes and the plat numbers of plots or lots and blocks, D Next to the boundary of the area proposed to be annexed, a drawmg of the contiguous boundary of the City of Wheat Ridge and the contJguous boundary of any other mUl1lclpality abutt1l1g the area proposed to be annexed. 4 That the petJtJoners 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 petJtlOners sli:,'11ed thiS PetJtlOn for anncxatlOn no more than 180 days pnor to the date offilll1g of this PetitIOn for AnnexatIOn. 6 That thiS PetltJon for annexation sahsfies the reqUirements of Article II, SectIOn 30, of the ConstJtutlOn of Colorado m that It IS signed by persons compnsmg more than fifty percent (50%) of the landowners m the area proposed to be annexed who own more than fifty perccnt (50%) of said area, cxclud1l1g public streets and alleys and any land owned by the City of Whcat Ridge. 7 That upon the Annexation Ordmance becommg effecl1ve, all lands wlthm the area sought to be annexed shall become subJect to the ordinances, resolutJons, rules and regulatIOns of the City of Wheat Ridge, except for general property taxes which shall become effectJve on January 1 of the next succeedmg year followmg passage of the Annexation Ordinance. Therefore, your petltJoners respectfully request that the City Council of the City of Wheat Ridge, Colorado, approve the annexation of the area proposed to be mmexed. Whenever fTOm the context If appears appropnate, each term stated 111 either the s1l1gular or plural will 1I1clude the other, and pronouns stated 111 either the masculmc , fem1l1111e or the neuter gender will 1I1clude each ofthe other genders. Slgnaturc of Landowner Date of Signature MaJlmg Address of Landowner Legal DcscnptlOn of Land Owned 12345 West Alameda Lakewood, CO 80228 All of the private property in this request AFFIDAVIT OF CIRCULATOR The undersigned, be1l1g of lawful age, who being first duly sworn upon oath, deposes and says: That (he or she) was the cIrculator of the foregomg Petition for Annexation oflands to the City of Wheat Ridge, Colorado, consistmg of A- pages, mcludmg this page, and that each signature thereon was witnessed by your affiant and IS the true signature of the person whose name It purports to be. c~u ROGER N. VENABLES ST A TE OF COLORADO ) I )ss COUNTY OF 9~~ ) The foreg01l1g AffidaVit of Circulator w~ subscribed and sworn to before me thiS day of )1,(o'_A_<_L , 199J:, by ~"'v<:'-1- >1. 7) ~Uu-, tl My C0I11l11lSSlOn expires ?!r '1 pool 'itA. (l, _" ( ~_~ Notary Id~ (SEAL) EXHIBIT A LEGAL DESCRIPTION - PARCEL 1 A PARCEL OF LAND IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A POINT FROM WHENCE THE EAST QUARTER CORNER OF SAID SECTION 19 BEARS S89'23'23"W A DISTANCE OF 20000 FEET, THENCE, N72'10'2Tw A DISTANCE OF 1093 17 FEET TO THE SOU THERL Y RIGHT OF WAY OF WEST 44TH A VENUE, THENCE, ALONG SAID RIGHT OF WAY, N7T16'40"E A DISTANCE OF 134760 FEET. THENCE, DEPARTING FROM SAID RIGHT OF WAY, N12'43'20"W A DISTANCE OF 8000 FEET TO THE NORTHERLY RIGHT OF WAY OF WEST 44TH AVENUE, AND A CURVE TO THE RIGHT WHICH HAS A- DEU A OF 13'00'00", A RADIUS OF 1472 50 FEET AND A CHORD BEARING OF N83'46'40"E, THENCE, ALONG THE ARC OF SAID CURVE A DISTANCE OF 33410 FEET, THENCE, S89'43'20"E A DISTANCE OF 53094 FEET, THENCE, DEPARTING FROM SAID RIGHT OF WA f. SOO'05'46"E A DISTANCE OF 199 94 FEET, THENCE, S64'20'29"W A DISTANCE OF 33 20 FEET, THENCE, S31'24'20"W A DISTANCE OF 60982 FEET TO A POINT ON THE EAST-WEST CENTER SECTION LINE OF SAID SECTION 20; THENCE, ALONG SAID EAST~WEST CENTER SECTION LINE, S89'23'23"W A DISTANCE OF 771 24 FEET TO THE POINT OF BEGINNING, CONTAINING 983,10552 SQUARE FEET OR 2257 ACRES, MORE OR LEGAL DESCRIPTION ~ PARCEL 2 A PARCEL OF LAND IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING AT A PO'~'T FROM WHENCE THE EAST QUARTER CORNER OF SAID SECTION 19 BEARS S89'23'23"W A DISTANCE OF 20000 FEET, THENCE, S89'23'23"W A DISTANCE OF 20000 FEET TO SAID EAST QUARTER CORNER OF SAID SECTION 19, THENCE, ALONG THE EAST LINE OF SAID SECTION 19, SOO'22'26"W A DISTANCE OF 27538 FEET, THENCE, S8T15'49"W A DISTANCE OF 245600 FEET, THENCE, N76'06'56" A DISTANCE OF 20016 FEET TO THE NORTH~SOUTH CENTER SECTION LINE OF SAID SECTION 19, THENCE. ALONG SAID NORTH SOUTH CENTER SEC nON Llr~E. NOO'08'43"W A DISTANCE OF 27894 FEET TO THE SOUTHERLY RIGHT OF WA 1 LINE OF 44TH AVENUE AND A CURVE TO THE LEFT WHICH HA-S A DELTA- OF 06'11'50", A RADIUS OF 9')"' l)CI ~TE1 AND A CHOREI BEAI~ING ore N80'22'35"F, THENCE, ALONG SAID ARC A DISTANCE OF 1076= FEET, THENCE, N7T16'4Cj''l A DISTANCE OF 174572 FEET TO THE CITY OF WHEAT RIDGE BOUNDAR;', TH[t~IT, DU)AR1ING FROM SAID RIGHT OF WAY, ALONG SAID WHEAT RIDGE BOUNDARY. S 7 [1 O'27"E A DISTANCE OF 109) 17 FEET, AND TO THE EAST WEST CENTER SECTI(3'.J L1~jE OF SAID SECTION 20 TO THE POINT OF B[GII~NING, CONTAINING 1.307,50b 54 SOU/,PF FEET OR 3002 ACRES. MORE OR LESS