Resolution Number 16-09

A resolution of the Board of Trustees of the Town of Deet Trail concerning the annexation of certain property commonly referred to as the east Bijou Ranch Estates, more particularly described herein, and setting forth findings of fact and conclusions based thereon as required by C.R.S. § 31-12-110.

Whereas, on February 2, 2016, a petition for annexation (the 11Petition11) was filed by one hundred percent (100%) of the landowners owning one hundred percent (100%) of a parcel of unincorporated territory located in Arapahoe County, and more particularly described in Exhibit A and shown on the Annexation Map in Exhibit B attached hereto and incorporated herein by this reference (the "Property). 

Whereas, the Petition requests that the Board of Trustees annex the Property to the Town of Deer Trail.

Whereas, on May 10, 2016, pursuant to Resolution No. 16-07, the Board of Trustees found that the Petition substantially complied with C.R.S. § 31-12-107(1);

Whereas, on June 21, 2016, commencing at 7:00 p.m., pursuant to the notice required by
C.R.S. § 31-12-108, the Board of Trustees held a public hearing to determine whether the area proposed to be annexed complies with the applicable requirements of C.R.S. §§ 31-12-104 and 31-12-105 and is eligible for annexation, whether or not an election is required and whether or not additional terms and conditions are to be imposed.

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

Section 1. The Board of Trustees makes the following findings of fact:

1. The Petition was signed by one hundred percent (100%) of the landowners owning one hundred percent (100%) of the land in the area proposed to be annexed, excluding public streets and alleys.
2. In Resolution No. 16-07, the Board of Trustees found that the Petition substantially complies with and meets the requirements of Article 12, Title 31, C.R.S.
3. A public hearing was held on June 21, 2016, at or around 7:00 p.m., to determine whether the proposed annexations comply with the applicable requirements of C.R.S. §§ 31-12-104 and 31-12-105, whether an election is required and whether additional terms and conditions are to be imposed.
4. Notice of the public hearing was published in the Tri County Tribune on May 17, 2016; May 24, 2016, May 31, 2016, and June 7, 2016, in the manner prescribed by C.R.S. § 31-12-108(2). The Tri County Tribune is a newspaper of general circulation in the area proposed to be annexed. Copies of the published notice, together with a copy of the resolution and copies of the Petition, were sent by registered mail by the Town Clerk to the Board of County Commissioners of Arapahoe County and to the Arapahoe County Attorney, and to all special districts and school districts having territory within the area proposed to be annexed at least twenty-five (25) days prior to the date of the hearing.
5. Not less than one-sixth (1/6) of the perimeter of the area to be annexed is contiguous with the Town of Deer Trail.
6. A community of interest exists between the area to be annexed and the Town of Deer Trail.
7. The area proposed to be annexed is urban or will be urbanized in the near future, and the area is integrated with or is capable of being integrated with the Town of Deer Trail.
8. No land 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, will be divided into separate parts or parcels without the written consent of the landowners thereof, unless such tracts or parcels are separated by a dedicated street, road or other public way.
9. No land 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 (20) acres or more, and which, together with the buildings and improvements situated thereon, has a valuation for assessment in excess of two hundred thousand dollars ($200,000) for ad valorem tax purposes for the year next preceding the annexation will be included within the area to be annexed without the written consent of the landowner or landowners.
10. No annexation proceedings have been commenced for the annexation to another municipality of part or all of the area to be annexed to the Town of Deer Trail.
11. The annexation of the area to be annexed will not result in the detachment of area from any school district and the attachment of the same to another school district.
12. The annexation of the area to be annexed would not have the effect of extending the boundary of the Town of Deer Trail more than three (3) miles in any direction from any point of such boundary in any one year. 
13. In establishing the boundaries of the area to be annexed, the entire width of any platted street or alley to be annexed is included within said area.
14. The proposed annexation will not deny reasonable access to any landowner, owner of an easement or owner of a franchise adjoining a platted street or alley that is included in said area, but which is not bounded on both sides by the Town of Deer Trail.

Section 2. The Board of Trustees reaches the following conclusions based on the above findings of fact:

1. The proposed annexation of the area described in Exhibits A and B complies with and meets the requirements of the applicable parts of C.R.S. §§ 31-12-104 and 31 12-105.
2. No election is required under C.R.S. § 31-12-107(2); and
3. No additional terms and conditions are to be imposed.

Passed and adopted this 5th day of July 2016.

Kent Vashus, Mayor
Town of Deer Trail, Colorado 

Attest: Wendy Heywood, Town Clerk