A resolution finding that the Turecek Estates addition to the Town of Deer Trail is eligible for annexation to the Town of Deer Trail and authorizing the holding of a public hearing.
Whereas, in accordance with Ordinance No. 196 of the Town of Deer Trail, hereinafter referred to as the "Town", Johnny Turecek and Helen Turecek, hereinafter referred to as the "Tureceks", did submit their Petitions for Annexation to the Town on July 7, 1998, seeking pursuant to C.R.S. 31-12-104(1)(a) to annex approximately ninety and forty-one hundredths (90.41) acres of real property into the Town in a series of simultaneous annexations: and
Whereas, such property is described in the Land Survey Plat prepared by Mark W. Ellis as follows:
A parcel of land located in Section 19, Township 5 South, Range 59 West and Section 24 Township 5 South Range 60 west of the 6th Principal meridian; County of Arapahoe State of Colorado more particularly described as follows:
Beginning at the northwest corner of said section 19, thence S 89 54'09"W, along the north line of said section 24 A, distance of 139.94 feet to the easterly line of Book 318 at page 435; thence S 27 38'45nE, along said easterly line A distance of 5780.64 feet, thence N 75 59'18nE, A distance of 50.80 feet to the westerly line of Book 1591 PAGE 494; thence N 13 36'01"W, along said Westerly line A distance of 5194.39 feet thence N 16 43'16"W to the North line of said section 19 thence N 88 26'46"W, along said north line, a distance of 1363.78 feet to the point of beginning, containing 90.41 acres.
Whereas, Town Ordinance No. 196 and Colorado Revised Statutes 31-12-101, et. seq., requires that the Town Board determine whether or not the petitions for annexation establish that the subject property is eligible for annexation into the Town; and
Whereas, the Board has determined that the petitions for annexation are proper and statutorily correct, and further wish to proceed with the annexation process pursuant to ordinance and statute.
Now therefore be it resolved by the Board of Trustees of the Town of Deer Trail Colorado:
- The Board of Trustees of the Town of Deer Trail, Colorado finds that the property proposed for annexation known as the Turecek Estates Addition is eligible for annexation because it has concluded that the requirements of the applicable parts of Ordinance No. 196 and Colorado Revised Statutes 31-12-104 and 105 have been met as follows:
- Owners of more than fifty percent (50 9) of the area to be annexed including street and alleys have signed the petitions for annexation.
- More than one-sixth (1/6) of the perimeter of the area proposed to be annexed, when annexed in a series, is contiguous with the Town of Deer Trail. Such continuity is not affected by the existence of a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, public lands, whether owned by the state, the United States, or an agency thereof.
- No property owned in a separate tract is divided by the boundary of the proposed annexation without consent of such property owner.
- The annexation will not result in extending the Town of Deer Trail's boundaries more than three miles in any direction in any one year.
- A community of interest exists between the area proposed to be annexed and the Town of Deer Trail because the area proposed to be annexed meets the requirement that not less than one-sixth of the perimeter of the land to be annexed is contiguous to the Town.
- The area to be annexed has no annexation proceedings initiated with another municipality.
- The area to be annexed does not result in the detachment of the area from a school district and its removal to another school district.
- No election is required under Colorado Revised Statute 31-12-107(2).
- Additional terms and conditions are set forth in the Annexation agreement which must be met prior to final annexation.
- The Town together with the petitioners shall complete an annexation impact report in a timely manner as required by Ordinance No. 196 and state statute.
- The Board shall set a public hearing date upon the adoption of this Resolution. The Resolution and a Notice of Public Hearing shall be published in accordance with Ordinance No. 196 and state statute.
- Copies of the Resolution and Notice of Public Hearing shall also be sent to the following entities in a timely manner as required in Ordinance No. 196 and state statute:
- Arapahoe County Land Use Department.
- Arapahoe County Board of Commissioners.
- Arapahoe County Attorney.
- Deer Trail School District 26J.
- Arapahoe Regional Library.
- Deer Trail Rural Fire Protection District.
- North Kiowa / Bijou Groundwater Management District.
- Deer Trail Soil Conservation District.
- Arapahoe County Law Enforcement Authority.
- Following the public hearing, the Board shall set forth in writing its findings of fact and conclusions as required by Ordinance No. 196 and state statute.
- If any portion or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such portion or provision shall not affect any of the remaining provisions of this Resolution, the intention being that the same are severable.
Adopted and approved this 18th day of August 1998
Signed LeRoy Koch, Mayor
Attest: Jessica Stoumbaugh, Town Clerk