A resolution concerning a petition for the annexation of property to the Town of Deer Trail, Colorado, Known as Spur Mountain Timber 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 Spur Mountain Timber 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 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 64 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. § 31-12-107(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 8thday of April 2008.
By Harry L. Venter Chairman
Town of Deer Trail, Colorado
Attest: Patti K. Owens, Town Clerk
Exhibit A
Legal Description
Know all men by these presents, that Spur Mountain Timber LLC. Being the sole owner of the following described land, to wit:
A parcel of land recorded under reception No. 88024362, March 3, 2008, situate in the east half of section 13, township 5 south, range 60 west of the 6th PM., County of Arapahoe, State of Colorado, being more particularly described as follows: commencing at the south on quarter corner of said section 13; thence N895527"E along the south line of said east half, a distance of 1575.84 feet to the southwest corner of said parcel recorded under reception No. B8024.362; Thence N2826'11"W along the southwesterly line of said parcel a distance of 83.10 1-tt i to a point on the northerly right of way line of County Road No. 38, as existing, said point being the point of beginning; thence continuing along said southwesterly line, northwesterly and northwesterly line of said parcel the following three courses N2826'11W A distance of 1734.87 feet: thence N6133'49T a distance of 300.00 feet to a point on the southwesterly right of way line of the Union Pacific Railroad, being 400 feet in width, 200 feet on each side of the main track; thence S2826'11"E along said southwesterly right of way line, a distance of 1886.11 I to a point on said northerly right of way line: thence line a distance of 335.96 feet to the point of beginning, containing 1Z47 acres more or less. Have caused the above-described tract of land to be annexed under the name of Spur Mountain Timber No. 1.