HomeMy WebLinkAboutC03-171 Town of Eagle Petition for Annexation~~ i •
PETITION FOR ANNEXATION
TO: THE BOARD OF TRUSTEES OF THE TOWN Cyr EAGLE, COLORADO
RE: PETITION FOR ANNEXATION FOR BRUSH CREEK ROAD PARCELS 1 AND 2 AS SET
FORTH IN EXHIBIT A
The undersigned Petitioners, in accordance with the provisions of Sections 31-12-101, et. seq., C.R.S.,
also lrnown as the Municipal Annexation Act of 1967, hereby petition the Board of Trustees of the
Town of Eagle, Colorado ("Town") for annexation to tYie Town of the land described on Exhibit "A"
attached hereto and incorporated herein ("Property"), which is currently in the County of Eagle, State of
Colorado.
The Petitioners further state to the Town Council as follows:
1. That it is desirable and necessary that the Property be annexed to the Town.
2. That the Property meets the requirements of Sections 31-12-104 and 31-12-105, C.R.5., in that:
A. Not less than one-sixth (1/6th) of the perimeter of the Property is contiguous with the
Town.
B. A community of interest exists between the Property and the Town; the Property is
urban or will be urbanized in the near future; and the Property is integrated with or is
capable of being integrated with the Town.
C. The undersigned are the owners of 100% of the real property included in the territory
proposed to be annexed, and hereby consent to the establishment of the boundaries of
this territory as shown on the annexation•plat submitted herewith.
D. The Property is not presently part of any incorporated city, city and county, or town; nor
have annexation proceedings been commenced for the annexation to another municipality
of part or all of the Property; nor has any election for annexation of the Property or
substantially the same territory to the Town, been held within the twelve months
immediately preceding the filing of this Petition.
E. The annexation of the Property will not result in the detachment of area from any school
district and the attachment of same to another school district.
F. The annexation of the Property will not have the effect of extending the boundary of
the Town more than three miles in any direction from any point of the Town's boundary
in any one year.
G. If a portion of a platted street or alley is to be annexed, the entire width of said street or
alley is included within the Property.
H. Reasonable access shall not be denied to landowners, owners of an easement, or the
owners of a franchise, adjoining any platted street or alley annexed by the Town but
not bounded on both sides by the Town.
,~ ed •
I. The requirement of C.R.S. Sections 31-12-104 and 31-12-105 exist or have been met.
THEREFORE, PETITIONER RESPECTFULLY REQUESTS that the Board of Trustees of the Town
of Eagle, Colorado approve the annexation of the Property pursuant to the provisions of the Municipal
Annexation Act of 1967, as amended.
SIGNATURE O LANDOWNER/PETTTIONER
Eagl 'C~ ~, a od~cor~o~ate and polj~c
Date of Signature: B3 '~';;...r ~ ~ ,
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ATTEST: ~ ' '
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Teak J. Simonto ,
Clerk of the Board of County Commissioners
Mailing Address of Petitioner:
c/o Eagle County Attorney's Office
Post Office Box 850
Eagle, CO 81631
Legal description of land owned by Petitioner: See Exhibit A.
Michael L. Gallagher, Chairm~
Eagle County Board of County Commissioners
LEGAL DESCRIPTION
PARCEL 1
All of that tract or parcel of land situate in Tract 43, Section 4, Township 5 South, Range
84 West of the Sixth Principal Meridian according to the Independent Resurvey
Supplemental Plat thereof as approved by the Surveyor General on Junk 20, 1922; Eagle
County, State of Colorado. Being all that portion of those lands convey~:d and dedicated
to Eagle County for road Right-of--way in the following documents recorded in the Eagle
County Recorders Office:
Deed dated August 13, 1987, Book 467, Page 912
Deed dated August 13, 1987, Book 467, Page 913
Of which all bearings aze based upon a bearing of S 89°23'19 W for the south line of
Tract 38 between Corner '7, Tract 44, a found 2 %2" aluminum cap on 2" aluminum pipe
labeled PLS 26967 and Corner 8, Tract 44, a found 2 '/a" diameter G.L.O. brass cap
monument. Said pazcel being more particulazly described as follows, to wit:
Beginning at a Point on said south line of Tract 43, being also on the northerly right of
way line of Brush Creek Road, from which Corner 2, Tract 44, a found 2 '/2" diameter _
G.L.O. brass cap monument, beazs S 89°48'05" W, 599.74 feet; thence along said south
line of Tract 43 S 89°48'0" W, 58.83 feet; thence departing said south line the following
three (3) courses;
1) 171.71 feet along the azc of anon-tangent curve to the left ht^ving a radius of 378.55
feet, the chord of which burs N 75°31'11" W, 170.24 feet;
2) N 88°30'S 1" W, 285.48 feet;
3) 56.81 feet along the azc pf a curve to the right having a radius of 1081.82 feet, the
chord of which beazs N 8 /°00'35" W, 56.80 feet;to a point on tl~e northerly right of way
line of Brush Creek Road; thence along said northerly right of way line of Brush Creek
Road the following five (5) courses;
1) N 03°43'03" E, 7.63 feet;
2) S 86°16'57" E, 40.69 feet;
3) S 89°32'16" E, 316.30 feet;
4) S 81°51'30" E, 48.98 feet
5) 167.65 feet along the a~~ of a curve to the right having a rad~as of 556.00 feet, the
chord of which beazs S 73° 13' 11" E, 167.02 feet to the south litie~-Tract=4~3-and- -
the Point of Beginning; containing 0.154 acres, more or less.
AND
PARCEL 2
__
of that tract or parcel. of land situate ui 'I acts~~Section 4, Township 5
South, Range 84 West of !~he Sixth Principal Meridian according to the Independent
Resurvey Supplemental Plat thereof as approved by the Surveyor General on June 20,
1922; Eagle County, State of Colorado. Being all or a portion of those lands conveyed
and dedicated to Eagle Cc-;:~nty for road Right-of--way in the fohowing documents
recorded in the Eagle County Recorders Office:
'~ ~ i
Deed dated April 13, 1901, Book 63, Page 551
Johnson Exemption Plat dated June 15, 1982, Book 342, Page 388
Deed dated September 22, 1987, Book 470, Page 381
Deed dated September 24, 1987, Book 470, Page 687.
Of which all bearings aze based upon a bearing of S 89°23'19 W for the south line of
Tract 38 between Corner 7, Tract 44, a found 2'/i" aluminum cap on 2" aluminum pipe
labeled PLS 26967 and Corner 8, Tract 44, a found 2'/a" diameter G.L.O. brass cap
monument. Said parcel being more particulazly described as follows, to wit:
Beginning at a Point on the said south line of Tract 38, being also on the northerly light
of way line of Brush Creek Road, from which Corner 7, Tract 44, bears N 89°23'19" E,
913.11 feet; thence along said northerly right of way line of Brush Creek Road the
following three (3) courses;
1) 35.57 feet along the arc of anon-tangent curve to the left having a radius of 815.00
feet, the chord of which beazs S 51°57'02" E, 35.57 feet;
2) S 53°12'03" E, 37.69 feet;
3) S 57°07'44" E, 121.16 feet;
thence departing said northerly right of way line of Brush Creek Road S 32°52'16" W,
69.79 feet to a point on the southerly right of way line of Brush Creek Road; thence along
the southerly right of way line of Brush Creek Road the following twenty-one (21)
courses:
1) N 57°07'58" W, 123.21 feet;
2) N 53°12'17" W, 40.08 feet;
3) 118.16 feet along the arc of a curve to the right having a radius of 885.00 feet, the
chord of which beazs N 49°22'48" W, 118.07 feet to the south line of Tract 38;
4) thence along said south line of Tract 38, N 89°23'19" E, 19.60 feet;
5) thence departing said south line Tract 38, 81.35 feet along the azc of anon-tangent
curve to the right having a radius of 530.82 feet, the chord of which beazs N 44°01'01"
W, 81.27 feet;
6) N 39°37'36" W, 265.27 feet;
7) 192.88 feet along the azc of anon-tangent curve to the left having a radius of 671.11
feet, the chord of which bears N 47°51'36" W, 192.21 feet;
8) N 56°05'36" W, 546.80 feet;
9) 260.28 feet along the azc of anon-tangent curve to the right having a radius of 705.63
feet, the chord of which beazs N 45°25'47" W, 258.81 feet;
10) S 35°53'00" W, 14.35 feet;
11) N 30°20'49" W, 337.26 feet;
12) N 35°53'00" E, 20.57 feet;
13) N 43°06'00" W, 22.41 feet;
14) N 47°44'30" W, 17.44 feet;
15) N 52°33'10" W, 35.29 feet;
16) N 57°12'00" W, 37.44 feet;
17) N 59°23'30" W, 28.68 feet;
18) N 81°52'40" W, 144.73 feet;
19) N 88°53'20" W, 61.42 feet;
20) N 89°35'40" W, 174.29 feet;
21) N 88°32' 10" W, 124.02 feet to Corner No. 2, Tract 44, a found 2 %2" diameter G.L.O.
brass cap monument;
thence departing said southerly right of way line of Brush Creek Road along the south
line of Tract 43, N 89°48'05" E, 533.28 feet to a point on the northerly right-of--way line
of said Brush Creek road; thence along said northerly right of way line of Brush Creek
Road the following eight (8) courses;
1) 193.42 feet along the azc of a curve to the right having a radius of 315.00 feet, the
chord of which beazs S 46°20'5" E, 190.39 feet;
2) S 28°45'28" E, 250.87 feet;'
3) 264.57 feet along the azc of curve to the left having a radius of 555.00 feet, the chord
of which bears S 42°24'54" E, 262.07 feet;
4) S 56°04'15" E, 558.65 feet;
5) 230.49 feet along the azc of anon-tangent curve to the right having a radius of 827.00
feet, the chord of which bears S 48°05'11" E, 229.74 feet;
6) S 40°06'08" E, 235.84 feet;
7) 134.74 feet along the azc of anon-tangent curve to the left having a radius of 830.00
feet, the chord of which beazs S 44°45'10" E, 134.59 feet;
8) N 89°23'19" E, 22.34 feet;
the Point of Beginning; containing 2.245 acres, more or less;
The total of both pazcels containing 3.399 acres, more or less;
