An ordinance annexing a parcel of land in section nineteen, township five south, range fifty-nine west and section twenty-four, township five south, range sixty west of the sixth principal meridian, Arapahoe county State of Colorado, to the Town of Deer Trail, Colorado, and extending the corporate limits of the Town of Deer Trail to include the same.
Whereas, two Petitions for the annexation of the property described herein, were submitted to the Town of Deer Trail, Colorado, by Johnny Turecek and Helen Turecek, on July 7, 1998, seeking to annex a total of approximately ninety and forty-one hundredths (90.41) acres of real property into the Town in a series of two simultaneous annexations; and
Whereas, an Annexation Impact Report was prepared by the Petitioners, in accordance with an Annexation Agreement entered into by the Petitioners and the Town on August 4, 1998, which report was dated September 2, 1998, and mailed on that day by the Town Clerk to the Board of Commissioners of the County of Arapahoe; and
Whereas, Resolution No. 98-09 and a Notice of Public Hearing was published for four (4) successive weeks in the Town's official newspaper and the first publication of such Resolution and Notice was made at least thirty days prior to the public hearing for the approval or denial of the annexation request; and
Whereas, copies of the Resolution and Notice of Public Hearing were timely mailed to the Arapahoe County Land Use Department, Arapahoe County Board of Commissioners, Arapahoe County Attorney, Deer Trail School District 26J, Arapahoe Regional Library, Deer Trail Rural Fire Protection District; North Kiowa / Bijou Groundwater Management District; Deer Trail Soil Conservation District; and the Arapahoe County Law Enforcement Authority; and
Whereas, the Board of Trustees approved Resolution No. 98-09 on August 18 11998, which pursuant to Town Ordinance No. 196 (governing annexation of land into the Town of Deer Trail) and Colorado Revised Statutes 31-12-110, meets the requirement that the Board of Trustees must set forth its finding of fact and conclusions with regard to (a) whether the requirements of the applicable parts of C.R.S. 31-12-104 and 105 have been met, (b) whether an election is required under C.R.S. 31-12-107(2), and (c) whether additional terms or conditions are to be imposed; and
Whereas, the Board of Trustees of the Town of Deer Trail has, by Resolution No. 98-09, found and determined that the land described in the Petitions for Annexation is eligible for annexation and that said Petitions were executed according to and in compliance with the requirements of Town Ordinance No. 196 and C.R.S. 31-12-104 and 105.
Now, therefore, be it Ordained by the Board of Trustees of the Town of Deer Trail, Colorado:
Section I:
That the owners of one hundred percent (100%) of the area to be annexed have petitioned for annexation.
Section II:
That the annexation of the following described parcels situated in the County of Arapahoe and State of Colorado, be and the same is hereby ordained and approved and the said parcels are hereby incorporated in and made a part of the Town of Deer Trail, Colorado, to-wit:
Parcel One:
A parcel of land located in Section 19, Township 5 South, Range 60 West of the 6th Principal Meridian, County of Arapahoe, State of Colorado, more particularly described as follow:
Beginning at the northwest corner of said section 19, thence N 89 07'07"E, Along the North Line of the northwest quarter of said section 19, a distance of 1346.84 Feet to a point of the westerly right of way of interstate 1-70; Thence S 00 57'32"E,
A Distance of 2974.21 Feet to a point on the easterly right of way of Us Highway no. 40 thence N 27 28'56"W, Along the easterly right of way of said Us highway no. 40, A Distance of 327.16 Feet to a point on the south boundary of the Town of Deer Trail, a plat on file and recorded on the office of the Arapahoe County Clerk and Recorder, the in 89 26'00"E, along said Deer Trail Plat, a distance of 138.96 Feet to the point of beginning.
Parcel Two:
A Parcel of Land Located in Section 19, Township 5 South, Range 59 West of the 6th Principal, Meridian, County of Arapahoe, State of Colorado, more particularly described as follows.
Commencing at the Northwest corner of said Section 19; Thence N 89 07'07"E, Along the north line of the northwest quarter of said section 18, a distance of 1346.84 Feet to a point on the westerly right or way of Interstate 1-70; Thence along the westerly right of way of said interstate 1-70 the following 3 courses:
- 85.02 Feet.
- 5196.80 Feet.
- 51.54 Feet
To a point on the easterly right of way of us highway No. 40; Thence N 27 28'56"W, Along the easterly right of way of said US Highway No. 40, A distance of 2451.00 Feet, thence N 00 57'32"W, A distance of F 2974.21 Feet to the point of beginning. The combined parcels shall henceforth be legally described as follows:
A Parcel of land located in Section 19, Township 5 South, Range 59 west and section 24, Township 5 South Range 60 west of the 6th principal meridian, County of Arapahoe, State of Colorado, more particularly described as follows;
Beginning at the northwest corner of said section 19, thence S 89 54'09"W, Along the north line of said Section 24, A distance of 139.94 Feet to the easterly line of Book 18 at page 435; Thence S 27 38'45"E, Along said easterly line , a distance of 5780.64 feet; Thence N 75 59'18"E, a distance of 50.80 Feet to the westerly line of book 1591Page 494; Thence N 13 36'01"W, Along said westerly Line a distance of 5194.39 feet: thence N 16 43'16"W, A distance of 23.90 Feet, to the North line of said section 19; Thence N 88 26'46"W, along said north line, a distance of 1363.78 feet to the point of beginning, containing 90.41 acres.
Section III:
That the annexation of such parcels to the Town of Deer Trail, Colorado, shall be complete on the effective date of this ordinance for all purposes except that taxation of the property as part of the Town of Deer Trail shall not become effective until on or before January 1, 1999.
Section IV:
That one copy of the annexation map, reflecting the final legal description of both parcels as a whole, together with the original ordinance shall be filed in the office of the Town Clerk and two certified copies of the annexation ordinance and the map of the area to be annexed containing the legal description of such area shall be filed with the County Clerk and Recorder of Arapahoe County, Colorado, and said Clerk and Recorder shall file one certified copy of such annexation ordinance and map with the Division of Local Government of the Department of Local Affairs.
Section V:
If any portion or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such portion or provision shall not affect any of the remaining provisions of this Ordinance, the intention being that the same are severable.
- S 16 32'54"E, A Distance of
- S 13 25'39"E, A Distance of
- S 76 34'21"W, A Distance of
Adopted and approved this 29th day of September 1998
Signed: Leroy Koch, Mayor
Attest: Jessica Stoumbaugh, Town Clerk