Resolution Number 08-07

A resolution concerning a petition for the annexation of property to the Town of Deer Trail, Colorado known as Turecek west 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 Turecek West 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 Trustee of the Town of Deer Trail Colorado:

Section 1. 

The Board of Trustees finds and concludes that:

1. 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.
2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including:
   1. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Deer Trail.
   2. A community of interest exists between the area proposed to be annexed and the Town of Deer Trail.
   3. The area proposed to be annexed is urban or will be urbanized in the near future.
   4. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Deer Trail.
   5. 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.
   6. 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.
   7. 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
   8. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district.
   9. 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.
   10. The territory proposed to be annexed is comprised of 13 acres.
   11. A plan is in place, pursuant to Section 31-12-105(1)(e), C.R.S.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.

Town of Deer Trail, Colorado 

By: Harry L. Venter, Chairman

Attest: Patti K. Owens, Town Clerk

Exhibit A

Legal description 

Know all men by these presents, that Helen Turecek being the sole owner of the following described land to Wit: 

A parcel of land recorded under reception No. A6073798, June 12, 1996, 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 quarter corner of said section 13: thence NO017'08"E ALONG 77-IE west line of said east half, a distance of 30.03 feet to a point on the northerly right of way line of County Road 38, as existing, said point being the point of beginning: thence E NO01 7'08"E continuing along said west line of 77-IE East half, a distance of 3479.83 feet to a point of intersection of the southwesterly right of way line of the Union Pacific Railroad Company, being 400 feet in width 200 feet on each side of the main track: 77 distance 32826'11'E along said southwesterly right of way line. a distance of 2008.60 feet to the northwest corner of a parcel of land as recorded under reception No.  B8024362, March 3, 2008, of the records of said county: thence along the northwesterly and southwesterly line of 71-IE of said parcel following two courses.  

1.  S61 33'49W A distance of 300 feet.
2. Thence 52826'11 NE a distance of 1734.87 1-tti to a point on said northerly right of way line of county road. 38; thence S8819'02°W along said northerly right of way line, a distance of 1536. 78 feet to the point of beginning, containing 62.29 acres more or less have caused 77-1E above-described tract of land to be annexed under the name of Turecek West.