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HomeMy WebLinkAboutResolution 2008-0056CITY OF WHEAT RIDGE, COLORADO Resolution No. 56-2008 TITLE: A RESOLUTION MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF A PARCEL OF LAND TO THE CITY OF WHEAT RIDGE, COLORADO (CASE NO. ANX-08-02/COORS AT CLEAR CREEK) WHEREAS, the City Council of the City of Wheat Ridge, Colorado, has found a petition for annexation of the hereinafter described parcel of land to be in substantial compliance with the requirements of Section 31-12-107(1), Colorado Revised Statutes; and WHEREAS, the City Clerk has provided notice of public hearing on the proposed annexation by publication once per week for four successive weeks and by certified mail to the Clerk of the Board of County Commissioners, the County Attorney, the school district and to any special district having territory in the area to be annexed; and WHEREAS, the City Council has completed a public hearing to determine if the proposed annexation complies with Sections 31-12-104 and 105, Colorado Revised Statues, to establish eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: That the City Council hereby finds and concludes with regard to the annexation of the territory described in Exhibit A attached hereto and incorporated herein, that not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the existing boundaries of the City; and therefore, because of such contiguity, a community of interest exists between the territory proposed to be annexed and the City; the territory proposed to be annexed is urban or will be urbanized in the near future, and that the territory proposed to be annexed is integrated or is capable of being integrated with the City, and BE IT FURTHER RESOLVED: That the City Council finds and determines that no land held in identical ownership has been divided or included without written consent of the owner thereof, that no annexation proceedings have been commenced by another municipality; that the annexation will not result in the detachment of area from a school district; that the annexation will not result in the extension of a municipal boundary more than three miles; that the City has in place a plan for said three mile area; and that in establishing the boundaries of the area to be annexed the entire width of any street or alley is included within the area annexed. BE IT FURTHER RESOLVED; That an election is not required, and no additional terms or conditions are to be imposed upon the area to be annexed, other than as set forth in the annexation agreement. RESOLVED AND PASSED by the City Council this p' day of (C14~_, 2008. For: 5 Against: Abstain: ATTEST: Michael Snow, City Clerk CITY OF WHEAT RIDGE 1 /~~lJ W By: Je i lio, Mayor [S E A L] 2 Exhibit A LEGAL DESCRIPTION of ANNEXATION OF 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 OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4) BEARS NORTH 00°22'44" 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 85000'54" 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 06°31'53", 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 74045'04" 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 87001'58" 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 33°06'39" 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 53°13'37" 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. 4