HomeMy WebLinkAboutResolution 2008-0049CITY OF WHEAT RIDGE, COLORADO
Resolution No. 49-2008
TITLE: A RESOLUTION FINDING A PETITION FOR
ANNEXATION OF A PARCEL OF LAND LOCATED IN
SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
JEFFERSON, STATE OF COLORADO, TO BE IN
SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-
107(1), COLORADO REVISED STATUTES AND
SETTING A HEARING DATE TO CONSIDER THE
ANNEXATION
WHEREAS, a written petition for annexation to the City of Wheat Ridge,
Colorado of a certain parcel of land as described in attached Exhibit A was filed with the
City Clerk and referred by him to the City Council; and
WHEREAS, pursuant to C.R.S. Section 31-12-107, this City Council, sitting as
the governing body of the City of Wheat Ridge, Colorado, has reviewed the petition to
determine whether there has been substantial compliance with C.R.S. 31-12-107(1); and
WHEREAS, the City Council has satisfied itself concerning the substantial
compliance of the petition with C.R.S. 31-12-107(1).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS:
Section 1. The written petition for annexation substantially complies with C.R.S.
Section 31-12-107(1).
Section 2. A public hearing on said petition shall be conducted at 7:00 pm on the
10`t' day of November, 2008 at the City of Wheat Ridge Municipal Building which is
located at 7500 W. 29d' Avenue, Wheat Ridge, Colorado, 80033, to determine if the
proposed annexation complies with C.R.S. Sections 21-12-104 and 31-12-105 or such
part thereof as may be required to establish eligibility under the terms of Title 31, Article
12, Part 1, as amended, known as the Municipal Annexation Act of 1965, and the
Constitution of the State of Colorado, Article II, Section 30, as amended.
Section 3. Any person may appear at said hearing and present evidence upon
any matter to be determined by the City Council.
Section 4. This resolution shall be effective immediately upon adoption.
RESOLVED AND PASSED this 291"day of SePterv~Ge , 2008.
~i
oDullio, Mayor
ATTEST:
Michael Snow, City Clerk
2
PETITION FOR ANNEXATION #2
August 29, 2008
PETITION FOR ANNEXATION TO THE CITY OF WHEAT RIDGE, COLORADO
THE UNDERSIGNED, being "Landowners" as defined in C.R.S. § 31-12-103(6),
hereby Petition the City of Wheat Ridge for annexation for the following described
property and further state:
1. The legal description of the land which Landowners request to be annexed
to the municipality is attached hereto as Exhibit "A", hereinafter referred to as the
"Property."
2. It is desirable and necessary that the Property be annexed to the City of
Wheat Ridge.
3. The following requirements of C.R.S. § 31-12-104 exist or have been met:
a. Not less than 1/6th of the perimeter of the Property is contiguous
with the City of Wheat Ridge.
b. A community of interest exists between the Property and the City
of Wheat Ridge. The Property is urban or will be urbanized in the
near future; and the Property is capable of being integrated into
the City of Wheat Ridge.
4. None of the limitations provided in C.R.S. § 31-12-105 are applicable and
the requirements of that statute have been met because of the following:
a. The annexation of the Property will not result in the Property being
divided into separate parts or parcels under identical ownership.
b. No land area within the Property held 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 20
acres or more and having a valuation for assessment in excess of
$200,000 for ad valorem tax purposes has been included in the
area of the Property to be annexed without the written consent of
the landowners thereof.
C. No annexation proceedings have been commenced for annexation
of any part of the Property by any other municipality.
d. The entire width of all streets and alleys to be included within the
area annexed are included.
Annexation Petition: Interchange Property 1
e. The annexation of the Property will not result in the detachment of
area from any school district or the attachment of same to another
school district;
Annexation by the City of Wheat Ridge of the Property will not have
the effect of, and will not result in, the denial of reasonable access
to landowners, owners of an easement, or owners of a franchise
adjoining a platted street or alley, inasmuch as annexation of the
Property will not result in annexation of a platted street or alley
which is not bounded on both sides by the City of Wheat Ridge.
5. The annexation of the Property will not have the effect of extending a
boundary of the City of Wheat Ridge more than three miles in any direction from any
point of the municipal boundary in the past 12 months.
6. The Landowners comprise the owners in fee of more than 50 percent of
the area of the Property, exclusive of public streets and alleys, and comprise more than
50 percent of the landowners of the Property. The legal description of the land owned
by each signer of this petition is shown on Exhibit A.
7. The Landowners request that the City of Wheat Ridge approve the
annexation of the Property.
8. This Petition is accompanied by four (4) copies of an annexation boundary
map in the form required by C.R.S. § 31-12-102(1)(d) and attached Exhibit B.
9. This instrument may be executed in one or more counterparts, all of
which taken together shall constitute the same document.
Annexation Petition: Interchange Property 2
LANDO IERS:
gy; e~
Mailing Address:
STATE OF COLORADO )
f~ f~ ) S.S.
COUNTY OFJe tor5or )
Subscribed and sworn to before me this I day of rA, 2008, by
~p,n~ua) t~ ,lic~rand
Witness my hand and official seal.
Myc ;oB~ 'es: Il-1 -!I
Nota u c
'N%. PUBLIC
OF COQ Annexation Petition: Interchange Property 3
AFFIDAVIT OF CIRCULAR IN SUPPORT OF PETITION
STATE OF COLORADO )
S.S.
COUNTY OF JEFFERSON )
~13DE011,01 i 0al IIJ! r being first duly sworn states as follows:
a. I have circulated the Petition for Annexation to the City of Wheat
Ridge set forth herein
b. I know the persons whose names are subscribed to the foregoing
Petition on behalf of the Landowners.
C. The signatures on the foregoing Petition were affixed in my
presence and each signature is a true, genuine and correct
signature of the person it purports to be.
d. To the best of my knowledge and belief, the persons whose names
are affixed to the foregoing Petition are authorized to sign such
document on behalf of Petitioners.
CiR TOR
STATE OF COLORADO )
S.S.
COUNTY OF JEFFERSON )
Subscribed and sworn to before me this J-4- day of 1JUdlAS'f , 2008, by
~,,T 1~i1jLal. U
Witness my hand and official seal.
es: I I a -ll
My c 4I4l
- ® No ry blic OF
Annexation Petition: Interchange Property 4
EXHIBIT `A'
LEGAL DESCRIPTION of ANNEXATION LANDS
ANNEX #2
CASE NO. ANX-08-02
BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN
CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND
RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A
PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED'AND CONVEYED TO CITY OF
WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S 1/2) OF
SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OP TIIE SOUTHWEST QUARTER (SW 1/4) OF SAID
SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW
1/4) BEARS NORTH 00°2244" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN
RELATED THERETO;
THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), NORTH 00°22'44"
WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF
SAID SOUTHWEST QUARTER (SW 1/4);
THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°2244" WEST, 171.61 FEET TO A POINT
ON THE BOUNDARY OF SAID CORRECTION DEED;
THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES:
1. SOUTH 81°12'11" WEST, 438.70 FEET TO A POINT;
2. SOUTH 85°00'54" WEST, 480.94 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID BOUNDARY OF SAID CORRECTION DEED THE
FOLLOWING SIX (6) COURSES:
1. SOUTH 89049'59" WEST, 310.18 FEET TO A POINT;
2. SOUTH 88036'28" WEST, 125.11 FEET TO A POINT;
3. SOUTH 85049'53" WEST, 273.10 FEET TO A POINT;
4. NORTH 88015'34" WEST, 397.05 FEET TO A TANGENT CURVE TO THE LEFT CONCAVE
SOUTHERLY;
5. WESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 1323.78 FEET, AND WHOSE LONG
CHORD BEARS SOUTH 88028'30" WEST AND HAS A CHORD LENGTH OF 150.82 FEET,
THROUGH A CENTRAL ANGLE OF 06031'53", FOR AN ARC LENGTH OF 150.90 FEET TO A
POINT OF NON-TANGENCY;
6. NORTH 00011'45" WEST, 378.33 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN
PARCEL AS DESCRIBED AND CONVEYED AT RECEPTION No. 2008011087;
THENCE ALONG SAID BOUNDARY THE FOLLOWING FOUR (4) COURSES:
1. SOUTH 85048'49" EAST, 261.10 FEET TO A POINT;
2. SOUTH 74007'37" EAST, 239.61 FEET TO A POINT;
3. NORTH 74°45'04" EAST, 322.38 FEET TO A POINT;
4. NORTH 63026'29" EAST, 457.67 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102-H
AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531;
THENCE ALONG SAID SOUTH LINE THE FOLLOWING TWO (2) COURSES:
1. NORTH 81°02'51" EAST, 189.87 FEET TO A POINT;
2. NORTH 87°01'58" EAST, 243.88 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN
RIGHT-OF-WAY AS DESCRIBED AND CONVEYED IN THAT CERTAIN SPECIAL WARRANTY
DEED ON FILE AT RECEPTION No. 2007136692;
THENCE ALONG THE BOUNDARY OF SAID RIGHT-OF-WAY THE FOLLOWING FIVE (5)
COURSES:
1. SOUTHWESTERLY ALONG A NON-TANGENT CURVE TO THE LEFT CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS
SOUTH 46°38'42" WEST AND HAS A CHORD LENGTH OF 276.15 FEET, THROUGH A CENTRAL
ANGLE OF 27°04'05", FOR AN ARC LENGTH OF 278.73 FEET TO A POINT OF TANGENCY;
2. SOUTH 33006'39" WEST, 57.33 FEET TO A POINT;
3. NORTH 56°53'21" WEST, 10.00 FEET TO A POINT;
4. SOUTH 33°06'39" WEST, 57.33 FEET TO A NON-TANGENT CURVE TO THE RIGHT CONCAVE
NORTHWESTERLY;
5. SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 400.00 FEET, AND WHOSE
LONG CHORD BEARS SOUTH 53013'37" WEST AND HAS A CHORD LENGTH OF 270.97 FEET,
THROUGH A CENTRAL ANGLE OF 39035'49", FOR AN ARC LENGTH OF 276.44 FEET TO A
POINT OF NON-TANGENCY;
THENCE LEAVING SAID BOUNDARY, SOUTH 31-38'15" EAST, 196.39 FEET TO THE POINT OF
BEGINNING.
CONTAINING 548,634 SQUARE FEET OR 12.595 ACRES OF LAND, MORE OR LESS.
End of Legal Description.
Frank M. Zwolinski, P.L.S.
For and on Behalf of
CLC Associates, Inc.
Colorado License No. 38060
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