A resolution concerning a petition for the Annexation or property to the Town of Deer Trail, Colorado, known as Carter Annexation to the Town of Deer Trail, and finding the area Proposed to be annexed eligible for annexation.
Whereas, a petition for annexation of property described in Exhibit A attached hereto, to be known as the Carter Annexation to the Town of Deer Trail, has been filed with the Board of Trustees of the Town of Deer Trail; and
Whereas, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation.
Now therefore, be it resolved by the Board of Trustees of the Town of Deer Trail, Colorado:
Section 1.
The Board of Trustees finds and concludes that:
- It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Deer Trail.
- The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including:
- Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Deer Trail.
- A community of interest exists between the area proposed to be annexed and the Town of Deer Trail.
- The area proposed to be annexed is urban or will be urbanized in the near future.
- The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Deer Trail.
- No land within the boundary of the territory proposed to be annexed which is 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, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way.
- No land within the boundary of the area proposed to be annexed which is 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 twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the areas proposed to be annexed without the written consent of the landowners.
- No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality.
- The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district.
- The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Deer Trail more than three miles in any direction from any point of the boundary of the Town of Deer Trail in any one year.
- The territory proposed to be annexed is comprised of 4.772 acres,
- A plan is in place, pursuant to Section 31-12-105(1)(e), C.R.S.
- Four copies of an annexation map of the area proposed to be annexed have been submitted to the Board of Trustees and are on file in the Town Hall.
- Upon the annexation ordinance becoming effective, all lands within the area proposed to be annexed will become subject to ordinances, resolutions, rules, and regulations of the Town of Deer Trail, except that general property taxes of the Town of Deer Trail, if applicable, shall become effective as of the January 1 next ensuing.
- No election for annexation of the areas proposed to be annexed has been held in the preceding twelve months, and no election is required under C.R.S. § 3 1-12-107(2) or -112.
- No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners.
- The landowners of one hundred percent (100%) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and C.R.S. § 31-12-107(1).
Section 2.
The Board of Trustees concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town of Deer Trail. The Board of Trustees, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject property to the Town of Deer Trail.
Introduced, read, and adopted this 2nd day of March 2004.
Town of Deer Trail, Colorado
By: Beryl H. Rector, Mayor
Attest: Patti K. Owens, Town Clerk
Exhibit A
Legal Description of the Property
Legal Description - Carter Annexation
Know al Men by these presents that we the undersigned being the sole owners and proprietor of the following land to wit.
The east one half of the northwest one quarter of the southeast one quarter of the southeast one quarter of Section 12, Township 5 South, Range 60 west of the 6th principal meridian, except the north 30 feet thereof for road purposes, county of Arapahoe, State of Colorado, being more particularly described as follows:
Commencing at the southeast corner of said section 12: thence S89 55' 14"W along the south line of the southeast one quarter of said section 12 A distance of 662.99 feet to the southwest corner of the southeast one quarter of the southeast one quarter of the southeast one quarter of said section 12: Thence No 01' 51"E, along the west line of said southeast one quarter of the southeast one quarter of the southeast one quarter a distance of 658.10 Feet to the southeast comer of the east one half of the northwest one quarter of the southeast one quarter of the southeast one quarter of said section 12, being the point of beginning thence E S89 53' 12"W Along the south line of said east one half of the northwest one quarter of the southeast one quarter of the southeast one quarter, a distance of 3123 feet to the southwest corner of said east one half of the northwest one quarter of the southeast one quarter of the southeast one quarter: thence No1 03' 17"E along the west line of said east one half of the northwest one quarter of the southeast one quarter of the southeast one quarter a distance of 627.91 feet being 30.00 feet south of the northwest corner of said east one half of the northwest one quarter of the southeast one quarter of the southeast one quarter; thence N89 51' 10"E Parallel with the north line of said east one half of the northwest one quarter of the southeast one quarter of the southeast one quarter a distance of 330.97 feet to the east line of said east one half of the northwest one quarter of the southeast one quarter of the southeast one quarter; thence E S01 01' 51"W along said east line a distance of 628.10 feet to the point of beginning
Contains 4.772 acres, more or less.
Have caused the above-described tract of land to be annexed under the name of Carter Annexation to the Town of Deer Trail.