Resolution Number 08-03

A resolution finding substantial compliance for an annexation petition filed with the Town of Deer Trai, for property to be known as the Spur Mountain Timber annexation to the Town of Deer Trail and setting a public hearing thereon.

Whereas, a petition for annexation of certain property, to be known as the Spur Mountain Timber Annexation, has been filed with the Board of Trustees of the Town of Deer Trail; and

Whereas, the Board has reviewed the petition; and

Whereas, the Board has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition.

Now therefore be it resolved by the Board of Trustees of the Town of Deer Trail Colorado:

Section 1.

The petition, the legal description for which is attached hereto as Exhibit A, is in substantial compliance with the applicable laws of the State of Colorado and Town of Deer Trail Ordinance No. 196.

Section 2. 

No election is required under C.R.S. § 31-12-107(2).

Section 3.

No additional terms and conditions are to be imposed except any provided for in the petition.

Section 4. 

The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. § 31-12-104 and with C.R.S. § 31-12-105, at the Deer Trail Town Hall, 555 Second Avenue, Deer Trail, CO 80105, at the following date and time: Tuesday, April 8, 2008, at 7:00 p.m.

Section 5. 

Any person may appear at such hearing and present evidence relative to the proposed annexation.

Section 6. 

Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met.

Section 7.

If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees will pass one or more ordinances annexing the subject property to the Town of Deer Trail.

Passed and adopted this 4th day of March 2008.

By: James F. Johnson, Mayor
Town of Deer Trail, Colorado

Attest: Patti K. Owens own Clerk

Exhibit A

Legal Description of the Property

A parcel of land situates in the east half (E 1/2) of section 13, Township 5 south, range 60 west of the sixth principal meridian, Arapahoe County, Colorado, said parcel being bounded and described as follows:

Beginning at a point being the most southeasterly corner of a parcel of land as conveyed by Union Pacific land resources corporation to Ray A. Addleman and Carol Addleman by special warranty deed dated March 19,1985 said point being on the south line of said section, thence along the boundary of said conveyed parcel, the following (2) courses:

  1. North 26 Degrees 58 Minutes 38 Seconds West, 1793.30
  2. North 63 Degrees 01 Minute 22 Seconds East, 300.00 Feet to a point 200.00 Feet normally distant southwesterly from the Main Line track of the Union Pacific Railroad Company, as now constructed and operated: 

Thence along a line parallel with and 200.00 feet normally distant southwesterly from said main line track, south 26 degrees 58 minutes 38 seconds east, 1950.00 feet, more or less, to a point on the south line of said section: thence along the south line of said section; thence along the south line of said section north 89 degrees 23 minutes 51 seconds west, 338.46 feet to the point of beginning. 

Contains 13 Acres, more or less.