Loading...
HomeMy WebLinkAboutBaker Property INTRODUCED BY COUNCILMEMBER Dalbec Council Bill No.5. Ordinance No. ..l.llD Series of 1998 AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE UNINCORPORATED TERRITORY KNOWN AS THE BAKER PROPERTY LOCATED AT 5220 SWADLEY IN JEFFERSON COUNTY. WHEREAS, pursuant to the laws of the State of Colorado, there was presented to the City Council of the CIty of Wheat Ridge, Colorado, wntten petition for annexation to and by the City of Wheat Ridge, Colorado, of that property described in attached Exhibit A, being contIguous unIncorporated temtory contIguous to the City and sItuated, lying and being in the County of Jefferson, State of Colorado (the Property), and WHEREAS, the Property is further described on the AnnexatIOn Map attached hereto as ExhibIt B; and WHEREAS, the owners of more than fifty percent (50%) of the Property have petItioned for annexatIon; and WHEREAS, the City Council of the City of Wheat RIdge, Colorado, has conducted a public heanng as reqUIred by law to determIne the eligibIlIty for annexatIOn of the Property; and WHEREAS, the City CounCIl of the City of Wheat Ridge, Colorado, has satisfied Itself concernIng the eligiblllty for annexatIon of the Property, and concerning the conformance of the proposed annexatIOn to the applicable law and the annexatIOn pollcy of the City of Wheat Ridge, Colorado. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: SectIOn 1. The annexation to the City of Wheat Ridge, Colorado, of that Property described In attached ExhibIt A, situated, lYIng and beIng in the County of Jefferson, State of Colorado, meets all requirements of law and the annexatIOn polIcy of the City of Wheat Ridge, and therefore, and IS hereby approved and made effectIve. SectIOn 2 Rezoning of the Property shall be completed SImultaneously WIth the annexation of the Property pursuant to the Home Rule Charter and Code of Ordinances of the CIty of Wheat Ridge. Section 3. The City Council hereby approves the AnnexatIOn Agreement which is attached as Exhibit C Sectlon 4 Upon the effectIve date of this OrdInance the Property shall become subject to the laws of the State of Colorado pertammg to clt1es and to the Charter and all ordInances, resoll!tIons, rules and regulatIOns of the City of Wheat Ridge. Section 5 The City Clerk shall file for recording one certified copy of the Annexation Ordmance and one copy of the Annexation Map with the Clerk and Recorder of the County of Jefferson, State of Colorado Section 6 The City Clerk shall file one certified copy of the Annexation Ordinance and one copy of the AnnexatIOn Map With the Secretary of the State of Colorado Section 7. This annexation shall become effective upon the filIng for recordIng of the certified copy of this AnnexatIOn Ordinance and the Annexation Map With the Clerk and Recorder for the County of Jefferson, State of Colorado, which filIng for recording shall be accomplIshed no sooner than nInety (90) days from the date of adoptIOn of this ordInance on second reading. INTRODUCED, READ, AND ADOPTED on first readIng by a vote of ~ to ~ on thiS 23rdlayof February , 1998, ordered publIshed In full in a newspaper of general Circulation in the CIt{ of Wheat Ridge and Public Heanng and consideration on final passage set for March 3 ,1998, at 7:00 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 8 to 0 , thiS 23rd day of March , 1998 :CJt2LJ Wanda Sang, City ~ SIGNED by the Mayor on thiS ?,rn Mz;;i1;ff/T~EY GERALD DAHL, CITY ATTORNEY Published: 1st PublIcation. 2nd Publication. Wheat Ridge Transcnpt February 27, 1998 March 27, 1998 bakcranx Effective Date: Ordinance No. April 11, 1998 Page 2 EXHIBIT "A" Parcel 2 lEG.Al DESCRIPTION Beginning at the Southeast corner of the Northeosl 1 / ~ 01 sold Seellon 17 Thence Northerly along th. (a,t line 01 ,aid North.as! 1/.. 276.56 feel 10 th. Southea,' corner af Parcel 2 of sfondl.y H.igh" (.emplion Surv.y No. '. as recorded in Ihe official records 01 the County of J.ff.',on. Slale of Colorado. Sold Southeost corn.r being the True Polnl of B.ginning. I Thence continuing northerly along Ihe (0'\ line of .ald Northea,' 1/4. 246.56 f..1 \0 Ihe northea,t comer of ,old Parcel 2 2. Thence W..ferly along the north line of ,old Parcel 2. 2111.05 f..1 '0 Ihe North.....t corner of ,old parce' 2. .3 Thence Southerly along the ....sl line of sold Parcel 2. 2~1l.56 f..1 to fhe Soufh..ul corner of sold parcel 2. . lhence (a,lerly along Ihe soulh line of sold parcel 2. 2111.0. '..I 10 Ihe True Poinl of ae9'nnlng. Conlaln/nll 1.2~ acr.s EXHIBIT "A" --.-- L(G.4L D(SCRIPTION Be91nnln9 at the Southeast corner ot Ihe Nonhwe$t 1/. of said SectIon 17 Thence Weslerly along the south line ot the saId Horthaest 1/4 218.02 feel '0 0 poinl which is 30 Ie. I south 01 the sootheasl com<< at Ih. west 1/2 of 101 12 Slondley Heights Subdivision os recorded in the officiol records 01 lh. County at Jeffenon, Stole of Colorado. Said poInt lHlno the True Point of BeQlnnlno. I.Thence N 00" 17' 07. ( 30 feet to the southeast corner of the Wesl 1/2 ot lot 12 Slondley He/Qhls Subdivision as re<:ord.d In Ihe official records of the Covnty 01 Jeffenon,. SIo!e of Colorado. 2. Thence N 00' 17' 07- ( along the (ost IIn. of the saId ...e$t 1/2 at 101 12 99~.32 feel '0 Ihe Noriheosl corner otthe said ..est 1/2 at 101 12. 3. Thence S 89' 11' ~2" W o'ong Ihe Nonh line of Ih. .old .....1 1/2 01 101 12 218.09 Ie. I '0 Ihe Norih..est corMr of the said "'.st 1 /2 of lot 12. . Thence S 00' 17' 21" W 010n9 the West lin. of th. said wesl 1/2 of 101 12 99..33 teet 10 Ihe Sovlh"O$I comer at the said ..esl 1/2 at '01 12 S. Thence S OO~ 17' 21' W 30 teet to 0 point on the south line of the s"id rlortheosl 1/. 01 section 17. 6. Thence (osterly along Ihe sovth line ot Ihe laid Horlh.o.! 1/~ 218.02 f..l to Ihe Truo Point of Boginning_ ~ EXHIBIT "C" ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT made and executed thIS 23rd day of March , 1998, by and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado home rule municipal corporation (hereinafter referred to as the "City"), and Walter and Irene Baker or their assigns (hereinafter referred to as the "Landowners"). WITNESSETH Whereas, the City of Wheat Ridge, Colorado, is a Colorado home rule mumcipal corporation, possessmg all of the powers and authorities granted to it pursuant to Article XX of the constItutIOn of the State of Colorado, the Home Rule Charter ofthe City as adopted by the residents and electors of the city, and those State Statutes applicable to the City, which statutes include the Municipal AnnexatIOn Act of 1965, C.R.S. ~ 31-12-101, et see}, and Whereas, Walter and Irene Baker are owners of that certain real property which IS Identified in Exhibit A, which is attached hereto and expressly incorporated herein, which property is contiguous to the corporate boundaries of the City of Wheat RIdge, and which is eligible for annexation into the City of Wheat Ridge; and Whereas, the City wishes to annex the property described in Exhibit A, and the Landowners, as owners of the property descnbed in Exhibit A, wish to have the same annexed into the City, subject to all of the terms and conditIOns set forth herein, and Whereas, the City and the Landowners wish to set forth in this AnnexatIOn Agreement all of the terms and conditions whIch shall be applicable to the annexation of said property into the boundaries of the City, and which shall, pursuant to the terms hereof, govern certain aspects of the relatIOns between the parties from and after the time of Said annexation. NOW, THEREFORE, the parties hereto, for themselves, their heIrs, successors and assigns, do hereby covenant, warrant, and agree as follows: Section 1: Agreement Regarding ZonIng. The property described in Exhibit A shall be rezoned by the Wheat Ridge City Council In accordance with the proviSIOns of this paragraph. a. The property, which consists of 5 acres more or less, shall be zoned Agncultural-Two (A-2) with all uses under this zone district as enumerated in the Wheat Ridge Code of Laws, as amended, permitted on the property with the following exceptIOns: (1) Dog kennels, cattenes, and veterinary hospitals shall be prohibited. (2) The keeping of swine shall be prohibited. b. The eXlstmg uses on the property of three sIngle-family residences shall be allowed to remain until such time as the property is proposed for development. The growing and harvesting of hay shall be permitted on the property. Section 2. Vested Rights. The Landowners agree to waive any and all rights which have vested as to the annexed property pnor to the date of annexation approval by the City CounCIl of the City of Wheat Ridge. Section 3: Provision of Water and Sewer Services. The Landowners acknowledge and understand that the City of Wheat Ridge does not provide water and/or sewer services. The Landowners shall be solely responsible for obtaining such services through Colorado special dlstncts, or by private contract, and acknowledges that the City has no responsibIlity whatsoever to provide said services. SectIOn 4: Contingent Nature of Agreement. ThiS Agreement is expressly contIngent upon the fulfilling by both Landowners and the City of all actIons which are necessary to annex all of the property described in Exhibit A. If the annexation of all of SaId property, subject to all of the terms and conditions of this Annexation Agreement, is not accomplished, the City shall be obligated to disconnect any portion of the property previously annexed into the City upon receipt of a written demand from the Landowners that said disconnectIOn action take place. Section 5. Enforcement Remedies. a. The Landowners may enforce agamst the City through any equitable action, including the seeking of injunctive or maIldatory injunctive relief, all of the provIsions of paragraphs 1,2,3,4 and 5 hereof. b. Any CitYWide ordinance which IS not inconsistent with any of the proviSions of paragraphs 1 and 2 above shall be applIcable to and enforceable against the Landowners or their successor, m the same manner as the same are enforceable against any other property owner withIn the City. Section 6: Agreement to be Recorded. This Annexation Agreement shall be recorded by the City upon its adoption by the Wheat Ridge City CounCil Section 7. BindIng on Successors. This Annexation Agreement, and each and every provision thereof, shall be fully bInding upon each of the parties hereto, as well as any heirs, successors, or assigns of either party Section 8: Entire Agreement. This Annexation Agreement constitutes the entIre agreement between the parties, and supersedes any other written agreements or any verbal understandmgs which may have been reached between the parties prior to the execution hereof. Baker AnnexaIion Agreement Page 2 Section 9. Amendment. This AnnexatIOn Agreement may be amended only upon a writIng signed by each of the parties after proper and lawful approval thereof by the City CounCll of the City of Wheat Ridge or the Landowners. CITY OF WHEAT RlDGE, COLORADO a home rule mUnIcipal corporatIOn ATT,E;T: f ~lt-i~~~ WANDA SANG, CI LERK B ~~~ Gerald Dahl, City Attorney W ALTER AND IRENE BAKER Landowners w cJ:i:;... p ~~.h Walter Baker, Landowner r;;r~~~ Irene Baker, Landowner I certify that the mformation and exhibits herewith submitted are true and correct to the best of my knowledge. Subscribed and sworn to me thiS LO+::: day of ~ ~ , 1998. ,ftN~~ NOTARY PUB C SEAL My Commission Expires 4 - , 0 0 \ d: \... \ccrpts \agr~emls\bakeragm Baker Annexation Agreement Page 3 EXHIBIT "A" .- .-- L[C...L D[SCRIPTlON Stglnnlng ot lhe Southeast corner of Ihe Norlhwe$1 I / ~ o( sold Section 17 Thtnce Westerly olong Itle south line of the sold Horlhoest 1/~ 218.02 feet 10 0 point which i. 30 feet .outh of the southeast com<< 01 'he west 1/2 of 101 12 Stondley Heighl. Subdi"j.;on os ,eco,ded in the o((1c;ol ,ecords of 'he Counly of Jefferson, Slote o( Colo,odo. Sold point lHlno the True Point 01 Se..lnnlng. I. Thenu H 00' 17' 076 [ 30 I..t 10 Ihe southeost co,ne, of Ihe We.' 1/2 of 101 12 Sfondley Helghfs Subdivl$ion os reco,ded In the officIal records of the County 01 Jeffe"on,. State of Colo,odo. 2. Thence H 00' 17' 07" E along 1M [osl IIn. of the sold wesl 1/2 of 101 12 99~.J2 f..1 '0 Ih. Horlheo,t co,ne' offhe ,aid we.1 1/2 o( 101 12. 3. Thence S 89' II' ~2- W along the North line of Ihe .oid .....t 1/2 of 101 12 218.09 lee' 10 Ihe Horlhwul co,ner 01 the said wesl 1/2 o( 101 12, . Thonee S 00' 17' 21" W olong the Wesl line 01 Ihe .oid wesl 1/2 of 101 12 99<.33 (..t 10 the Soulhwesl comer o( th. soid w.sl 1/2 of 101 12 S. Thence S OO~ 17' 21" W 30 (e.1 to a poinl on the soufh line o( Ihe .oid Northeost I/~ of section 17. 6. Thonee [o.lor1y olong the south line of the said Horlheost 1/< 218.02 foot 10 the True Point of B~9in"in9. '/ Resolution No, ~53 Series of 1998 T1TLF: A RESOLlTION FI~DING A PETITION FOR ANNEXATION OF A PARCEl OF L,\ND LOCATED IN SECTION 17, To\VNSHIP 3 SOl!TH. RANGE hI) \VE~T OF THE SIXTH PRINCIPAL MERIDIAN, COliNT): OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTI \1. COMPI.L\ '\IeF WITII COLORADO RE\ ISED ST ATlJTES AND SETTINC \ IIE.\RING DATE TO CONSIDER THE ANNEXATION \\ II EREAS, a \\Tltten petition lor annexatIon to and hy the Clt) of Wheat Ridge. ( olnrado oC a ceIialn p<lrcel nC land as descnbcd III attached Exhihit A was [Jresentcd to and filed \\ Jlh thl' City oCvVheat Ridge. ( olnrado, and WII EREAS, pursuant to C R S. SectIOn 31-12-11)7. tlm City Council. s\ttmg as thc gm erllll1g hody oCthe CIty nC Wheat Ridge, Colorado. has revlc\\.ed the wntten petitIOn Cor allllC'\atlon to deterl1llne \\ hethcr therc has been substalltlal compliance With C R S 31-12- 1m( 1). and WHEREAS, the City CouncIl of the CIty ofWhcat Ridge, Colorado has satisfied Itself cnncermng the substantial compliance of the wntten petItIOn for annexatIOn to and by the CIty of \I.'heat Ridge, Colorado NOW, THEREFORE, BE IT RESOLVED BY THE ClTY COUNCiL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS S\.'ctlOlllJ The wntten petlllon Cor anncxatlOn substantially complies With C R.S Section 31-12- H17( 1) S\.'ctLOllL A public heanng on saId annexatIOn petition Will be conducted on the 23rd day of Marlh, 1998, at the CIlY of Wheat Rldgc Mumclpal BuIldll1g which IS located at 7500 W 29th A venuc. Wheat RIdge, Colorado. S0215, to detenmne If the proposed annexatIOn complies With (' R S Sections 21-12-104 and 3] 3- J 2-1 05 or such part thereof as may be reqUIred to establish ehgihllIty under the terms of TItle 31. ArtIcle 12, Part 1, as amended, known as the MUlllclpal '\l1nexatlon Act of] l)()5. and the ConstitutIOn oCthe State of Colorado. Article II, Section 30, as amended Rcsnlullnn 1'\0 Pagc .2 SC,C1l011 3 \ny person hVlIlg wlthlll the area pruposed to be annexed, allY !;Ind,)\\'ner or lands theren I~ any resident or thc Illunlclpality to \\ hlch the areas IS proposed to he anne'\ed. any mUlllclpdllt\ hKated \\'Ithlll one mile or the pruposcd anncxatiOn, or the Board or ('ounty Comm\SSluners or .1dTerson County, may appear at salll heanng and present e\'ldence upon any matter to he detcrmlllcd by tbe City CouncIl. RESOLVI'\) AND PASSED thiS _'l~ day or , I 1 [U1.<<"!-~} . !lJ\)S i , CrTY OF WHEAT RlD)3F,:COLORADO . (",II / ( ,\ - -J-~Lj-''-- ~. (; ,~~ _Lu-~u ~ 'frctchcn Cerveny, Mayor \ .-" ATTEST EXHIBIT A LE(,"L L'ESCRI1'l!ill< f1eginninij at the Soulheos1 (\)ff1I:'1 "j Ih", Horihwest 1/4 of said Section 1 1 hf'nce Westerly along the south liTIC J j1<Hn1 which is 30 f(-',:,1 ,<>IJ111 ,1 (1 :,.f 17 c,;ondley He'ghh -.Ilt.rli,'i"II'r, 'r.,' \ ,ounly of Jefff>rson, ~,l,]lf' .~ ~ t the said Nor1hoest 1/4 2180:2 feel Hit. .;ou1tu,osl corner of the we:si 1/ ~ l~ r.f1< orded in the o1ficiol reLords {Of ! u,j. 'lold polnt Being the True Point ,,j 8cQlnnlng 1 111<O'[\.e t~ 00.17' 07 [ {If 101 1::'- :;londley Hei9ht~, l punty pi Jefferson, Siote "'1(\ If'<'-' j, <:Ilt.divi',i(>!( nt (,.!r>l "do, t'.~ ,lIuthf'ost corner of the W~'l 1/ w r~u-,rded ;n the officiol records of the ltwn,f' N 00. 17' u7 ul"f1{J ht:' ! n::,1 line of the sold west 1// nl lot 1~' Y94};,2 feet tho:> t~orlheosl corner p1th" id ....",.1 1 /~' of lot 12 ltltHlCf' 0 89' 11 4. 'f) 'he Northwest corner 1 h<tl(H ~ S 00' 17' 01 (0 thf< c)outhwesl corner W 'JI<)JlI~ 11,.' ',j( ,111 lint! ()1 the ':Ioid west 1/2 pf jot ') 71809 feel of Hw ,0101 ....t=,ci 1/2 of lot 12 IN dt'f"J 1i.+; \I,'w',1 Imol3 of llH!I said woes; 1/7 01 lot i L 9<i4.33 feet 01 OW "-,(J(r1 v.e"l 1 /7 of lot 12 S 1 hence S 005' 17' 21 W)O 1""..t i" 'J point on tho SQuth line of the sai<i t~or1heast 1/4 of section 1-' 6 Thence Easterly along thi1 <;Ilulh IHH~ of the said Northeast 1/.4 218_02 f<'let 10 the !rue Point of BeginnlfH) The City of 7500 WEST 2gTH AVEt"Uc WHEAT RIDGE' CO R0215 G713 i';()'3i 2'5'~ SQllO ~heat 'Ridge City Admin Fax ~ 234~59;' I Pniire O"'pt Fa.::-: # 2'~~J-2fj4'-! Apnl 3, 1998 County Clerk and Recorder Jefferson Colorado 100 Jefferson County Parkway Golden, CO 80419 Dear Sir or Madam Pursuant to SectIOn 3l-l2-113(2)(a), C~R~S., enclosed please find two (2) certdied copies of an annexatlon ordmance and map Please record one copy m the records affectmg land tItle in the County and file thc second COP} wIth the Colorado DIVISIon of Local Government, Department of Local AffaIrs. 1313 Sherman Street, Room 521. Denver, Colorado, 80203, all as reqUIred by ~31-12-ll3(2)(a)(Il)(B), C.R.S Thank you for your assistance Smcerel}, ,,' I - J! .1. . ~., rtt /[t -,^ ..d~V7'- \. WANDA SANG -:,. City ClcrK Enclosures /bd e. \pl ann i ng \ forms\annex \co letter o I" 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. I f i M < .~ <:> 0 a II I M ~~ :z: 0 I J:: )0- ,I 1. )( "ll J z )( ~ ~ )( ~\ ~ )( ( )( \ :! .; J> Ii -0 0 h :;0 :::! ~\ 0 z , ti 0 ~~~~ ." fl ! ! _0 _0lI -< u):J ~ :J: ~ ~ :To..~ "" t%m-N-o. h -< '- z "5 N "" 11 ~ '- ~ ! 0 r ." \ -V Vl . . r'1 , S..... . 0 .......... . ()-< .......... .. " ':} ......... .. 0- cO r .. zZ '" ~~ -i 0 c 0 ~ O--i 0- !; 0 ""0 J> .:< '-~ -iz 'I .- ""z. ::Cz N ...,Vl "' ...,:J: r1["\ '" ""- oo ~\ ;lIPp! ;! Hn~! ! \ :;0-0 OX .... ~'" n _J> 0 ?'-Vl -i-' ~ .~ !! ;; i~ i~ l~ ll~ a!l, 0 --<0 '" VlC c t, 0 --i-< OZ c ri iH~ h b h ~~ IliH ~:J: " \i I ""Al 'l-c; oJ> , . 1 . s %1 %1 11 l\~ !\LL 1 ..,z ~~ C> . _ i ~f if l% ~ J "f " OM ::C---1 \ J[ 0", ~ ~ ~t ~! 'I 1% Il~ f S'" rI t ~ 1;';1;' it l\ll i ~~ J>Z l -iO r 0"" . )> ! ~" ~" ~" 1 i OVl ;;0 t 1;;%;;1 ~l ;1 it ~ --i -0) L 1 1 1 t Ii - " 0 0 ..., ';: 1 1 1 I ~ 1 ~: 1 G) -< rI r - " ~ l! ill; I :J: ';, ~ M ~\ Ii 1 .. .. 1 ,,';, I,,',it :; Vl i 1 [ ~ 1 " x 11\ "1 ;; ;; ;; -< G - ~ \ :J: .! ~ -0 )C ,. i i i ~ If) z '3 f () l -0 J> - ~ .. ,- C 1 3:. 1 ~ "" . N :;0 I CJ 1 . J> I z rrl 1 .. \ ~ Resolution No. ...1.Q56 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, ST ATE OF COLORADO. WHEREAS, an annexation petition was filed with the City requesting the annexatIOn of certain unincorporated territory located in the County of Jefferson and State of Colorado, otherwise known as Baker Property and hereafter described in Exhibit A which is attached hereto and made part hereof; 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 C.R.S. Section 313-12-107; and WHEREAS, the City Council of the City of Wheat Ridge, Colorado, conducted a publIc hearing 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 requITed by law; and WHEREAS, the publIc hearing on said annexatIOn was conducted in accordance With the requirements of the law; and WHEREAS, pursuant to C.R.S. SectIOn 31-12-110, the City Council, sittzng as the governing body of the City of Wheat RIdge, Colorado, is required to set forth its findings of fact and its conclUSIOn as to the eligibility of that property described in attached Exhibit A for annexation to the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS' SectIOn 1 A plan for that area encompaSSIng the property described on attached Exhibit A has been adopted by the City Council pursuant to C.R.S Section 31-l2-105(1)(e) SectIOn 2. Not less than one-sixth of the perimeter of the area proposed to be annexed as described on attached Exhibit A is contiguous With the existIng boundaries of the City of Wheat Ridge as required by law Section 3 A commumty of interest eXists between the area proposed to be annexed as described on attached Exhibit A and the City of Wheat Ridge and that the area will be urbanized In the near future. SectIOn 4. The area proposed to be annexed as described on attached Exhibit A IS Integrated or capable of being integrated With the City of Wheat RIdge. SectIOn 5. The lImitations 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 since: a. No land in the territory to be annexed which is held in identical ownership and consists of either a single tract or parcel, or two or more contiguous 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 In the territory to be annexed which is held m identical ownership and comprises twenty (20) or more acres, having an assessed valuation for ad valorem tax purposes in excess of $200,000.00 In the year next precedmg the annexatIOn, has been included in the area to be annexed Without the written consent of the landowners, c. No proceedings have been commenced by another municipality for the annexation of all or part of the territory to be annexed by the City of Wheat Ridge, and d. The annexation will not result in the detachment of the area from the school distnct in which it is currently located. SectIOn 6. The petItion 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 annexed as descnbed m attached Exhibit A. SectIOn 7. No electIOn is required pursuant to C.R. S Section 31-12-107(2) or any other law of the State of Colorado or the City of Wheat Ridge. Section 8. The proposed annexation will not have the effect of extending a muniCipal boundary more than three miles in any directIOn from any pOInt of the City boundary in anyone year. Section 9. The entIre width of any street or alley to be annexed is included withm the annexatIOn. Baker - Findmgs of Fact Resolution No Page 2 Section 10 The property descnbed 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, Including the reqUIrements ofC.R.S. Section 31-12-104 and 31-12-105, as amended. SectIOn 11. An ordmance annexing that property described on attached Exhibit A to the City of Wheat RIdge shall be considered by this City Counctl pursuant to C.R.S Section 31-12- 111. RESOLVED AND PASSED this 23rd day of March ,1998. d :1... Iccrptslreso-ordlbakerf dg Baker - Findings of Fact Resolution No Page 3 EXHIBIT "A" ~- ..-- LEC"L OESCRIPTlON S.glnnlnl/ ot Ih. Soulh.osl corMr at Ih. Nor1hwe.t 1/~ at sold S.ctlon 17 Thence W.sler1y along the south line at the sold Mor1hoesl 1/~ 218.02 t..t 10 0 painl which is 30 te.1 south ot the southeast com<< 01 Ih" wul 1/2 01 101 12 Slandl.y Heigh's Subdivision os ,.cord.d in the official records 01 lh" Counly at Jetterson, Stol. at Colorado. Sold point IMlng It.. Tno. Point 01 8eglnnlng. 1. Thence H 00' 17' 07. ( 30 t..t 10 Ih. soulheast corner at Ih. W..I 1/2 at lof T 2 Standley H.Ighfs Subdivision os r.corded In fl.. oWclal records 01 the County 01 Jetterson,. Stat. of Colorado. 2. Thence H 00' 17' 07- ( along th. East line 01 the sold west 1/2 of 101 12 99~.J2 I""t '0 Ihe Horlhea.t corner ollhe said w..f 1/2 at lot 12. ~. Th.nc. S 89' I I' .42" W along the Horlh line at Ihe .aid .....1 1/2 of 101 12 218.09 1..1 10 tho Horlhw..t corMr of the laid w.st 1/2 at 101 12, · Th.nce S 00' 17' 2 t - W along Ih. W..t lin. 01 th. said we.t 1/2 01 101 12 99~.JJ I..t '0 Ihe Soulh....t corn., at Ihe said wesl 1/2 01 101 12 5. Thence S OO~ 17' 21- W 30 fe.t to a poinl on the south line of Ihe said 1l0rlheo,1 1/~ 01 section 17. 6. Thence Eost.r1y along Ih. south lin. 01 'he laid Hotih.osl 1/~ 218.02 f..1 10 Ihe T rue Point of Bel/inning. ~