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HomeMy WebLinkAboutC08-322PETITION FOR ANNEXATION TO: THE TOWN COUNCIL OF THE TOWN OF GYPSUM, COLORADO RE: PETITION FORANNEXATION OF LAND KNOWN AS THE WHITE- BURTON-HAVENER- BOBSON ANNEXATION The undersigned Petitioners, in accordance with the provisions of Sections 31-12- 101, ET. seq., C.R.S., also known as the Municipal Annexation Act of 1965, hereby petition the Town Council of the Town of Gypsum, Colorado ("Town") for annexation to the Town of the land described on Exhibit A attached hereto and incorporated herein ("Property"),which is currently within the unincorporated area of Eagle County, Colorado. The Petitioners further state to the Town Council as follows: That it is desirable and necessary that the Property be annexed to the Town. That the Property meets the requirements of Sections 31-12-104 and 31-12-105, C.R.S., in that: A. Not Tess than one-sixth (1 /bth) of the perimeter of the Property is contiguous with the Town, which contiguity may be established by the annexation of one or more parcels in a series. 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. Without the consent of the landowners, no land included within the Property which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts ar parcels of real estate: (1) is divided into separate parts or parcels, unless such tracts or parcels are separated by a dedicated street, road, or other public way; or (2) comprises 2G acres or more and, together with the buildings and improvements situated thereon, has a valuation for assessment in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the proposed annexation. D. No annexation proceedings have been commenced for the annexation to another municipality of part or all of the Property. 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 schoo[ 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. 3. That the Petitioners comprise more than fifty percent (50%) of the landowners in fhe Property who own more than fifty percent (50%) of said area, excluding public streets and alleys and any land owned by the Town. That attached as Attachment # 1 hereto and incorporated herein by reference are four (4j copies of fhe annexation map, containing the following informa#ion: a) A written legal description of the boundaries of the Property; bJ A showing of fhe boundary of the Property; cj A showing of the location of each ownership tract of unplat#ed land, and, with respect to any area which is platted, the boundaries and the plan numbers of plots or lots and blocks; d) Next to the boundary of the Property, a drawing of the contiguous boundary of the Town and fhe contiguous boundary of any other municipality abutting the Property. 5. That a(I of the Petitioners signed this Petition for Annexation no more than 180 days prior to the date of the filing of this Petition for Annexation. b. That upon an ordinance annexing the Property ("Annexation Ordinance"j becoming effective, the Property shall become subject to the Charter, Municipal Code and al( laws and ordinances, resolutions, rules and regulations of the Town, except for genera{ property taxes of the Town which shall become effective on January 1 of the next succeeding year following passage of the Annexation Ordinance. 7. Thal the Petitioners will, within sufficient time to allow the Town to act within ninety (90j days after the effective date of the Annexation Ordinance, file a request that zoning be granted by the Town consistent with the Annexation Agreement described in the following paragraph. 8. That in the event an Annexation Agreement satisfactory to the Petitioners and the Town is not entered into and fully executed on or before the date of the second reading of the Annexation Ordinance, the Petitioners may withdraw their signatures from this Petition for Annexation, the effect of which shalt be as if no petition had ever been executed and filed with the Town. THEREFORE, YOUR PETITIONERS RESPECTFULLY REQUEST that the Town Council of the Town of Gypsum, Colorado approve the annexation of the Property. PETITIONER: Charlotte White C, _ ~~.: (signature) Charlotte White ~_a (name printed) is / ~ z ~ ~ ~ (date of signature) P.O. Box 115 (mailing address) Gypsum, Colorado 81 637-01 1 5 Legal description of {and owned by Petitioner: Entire property attached as Exhibit A to be annexed into the Town of Gvgsum. PETITIONERS: Dewain G. 8~ Lisa Jean Burton ' ain G. Burton Lis Jean rton ~~ 47 Jules Drive Gypsum, CO $1637-9751 (signature (name printed) (date of signature} (signature (name printed} (date of signature (mailing address) Legal description of land owned by Pefitioner: Entire grogerty attached as Exhibit B to be annexed into the Town of Gvgsum. PETITIONER: Steven S. Bobson Steven S. Bobson (signature) (name printed) (date of signature) P.O. Box 103 Gypsum, CO 81637-0103 Legal description of land owned by Petitioner: (mailing address) Entire grogerty attached as Exhibit C to be annexed into the Town of Gvgsum. THEREFORE, YOUR PETITIONERS RESPECTFULLY REQUEST that the Town Counci{ of the Town of Gypsum, Colorado approve the annexation of the Property. PETiTiONER: Robert E. & Patricia A. Havener Trust (signature) Robert .Have er (name printed) (date of signature) `~ (signature) A ~ (name printed) oz3G U _ (date of signature 2054 N. Thornton Road -Space 171 (mai{ing address) Casa Grande, AZ 85222-7836 Legal description of land owned by Petitioner: Entire pro~pertX attached as Exhibit D to be annexed into the Town of Gyt~sum. THEREFORE, YOUR PST{T{ONERS {2ESf'ECTFUtt_Y RC-QUEST fihat the Town Council of the Town of Gypsum, Colorado approve the annexation of the Property. t'ET1T10NER: Eagte County EAGtE COUNTY COLORADO, STAIR OP COLORADO, by and fhrot~gh its t30ARD OF COUNTY COMMISSIONERS ATTEST. o~ ~o~ ~ ~ $~ Teak J..Sim on, * ~ Peter F. Runyon, Clerk and Record ~otastt-a° Chairman Legal description of Land owned by Petitioner: Entire grogerty attached as Exhibit E fo be annexed into the Town of Gygsum. AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and says: That (he or shej was the circulator of the foregoing Petition for Annexation of the Property to the Town of Gypsum, Colorado that each signature thereon was witnessed by your affiant and is the true signature of the person whose name it purports to be. Thomas M. Boni, Circulator STATE OF COLORADO COUNTY OF Eagle Subscribed and sworn to before me by as of this day of , 2008. Notary Public My Commission Expires: Exhibit A LOT 2B LONGVIEW SUBDIVISION EAGLE COUNTY, COLORADO A part of Lot 2, Longview Subdivision according #o the plat recorded on 12/27/1971 in book 222 Page 703, being in Tract 65, Sections 3 and 4, Township 5 south, Range 85 West of the 6th Principal Meridian, in the County of Eagle, State of Colorado, more particularly described as follows: Beginning at the northeast corner of said Lot 2; thence S.00°09'20"E. 247.08 feet along the easterly line of said Lot 2 to the northwesterly line of Jules Drive; thence along said northwesterly line along anon-tangent curve to the right having a radius of 620.00 feet, a central angle of 17°46'29", an arc length of 192.34 feet and a long chord of 191.57 feet bearing 5.72°02'45"W. to the easterly line of Jules Way; thence along the easterly line of Jules Way along a curve to the right having a radius of 50 .00 feet, a central angle of 98°54'41 fl, an arc length of 86.32 feet and a long chord of 75.99 feet bearing N.49°36'40"W.; thence N.00°09'20"W. 227.69 feet along said easterly line to the northerly line of said Lot 2; thence N.83°03'50"E. 241.84 feet along the northerly line of said Lot 2 to the point of beginning, containing 1.494 acres, more or less. November 10, 2008 M. Darrell White Registered Land Surveyor 9337 PO Box 115 Gypsum, CO 81637 xhi~it ~ LOT 2A LONGVIEW SUBDIVISION EAGLE COUNTY, COLORADO That part of Lot 2, Longview Subdivision described (n Book 238 Page 674 and in Book 485 Page 165 as follows: A parcel of land located in Lot 2 of the Longview Subdivision, Township 5 South, Range 85 West of the 6t~ Principal Meridian, also being in the County of Eagle. Said parcel being more specifically described as follows: Beginning at an iron rebar set for the North West Corner of said Lot 2, also being the North West Corner of the above said parcel, thence N.$3°03'50"E. 241.46 feet, thence S.45°00'00"E. 74.04 feet, thence S.00°08'20"E. 219.11 feet, thence S.89°50'40"W. 291.99 feet, thence N.00°09'20" 243.10 feet to the point of beginning. Said parcel contains 1.711 acres, more or less. County of Eagle, State of Colorado November 10, 2008 M. Darrell White Registered Land Surveyor 9337 PO Box 115 Gypsum, CO 81637 Exhibit C Lot 5 LONGVIEW SUBDIVISION EAGLE COUNTY, COLORADO Lot 5, Longview Subdivision according to the plat recorded on 12/27/1971 in Book 222, Page 703, being in Tract 65, Sections 3 and 4, Township 5 South, Range 85 West of the 6fh Principal Meridian, in the County of Eagle, State of Colorado. Containing 0.91 acres, more or Less. Exhibit D Lot 3 LONGVIEW SUBDIVISION EAGLE COUNTY, COLORADO Lot 3, Longview Subdivision according to the plat recorded on 12/27/1971 in Book 222, Page 703, being in Trac# 65, Sections 3 and 4, Township 5 sou#h, Range 85 West of the 6{" Principal Meridian, in the County of Eagle, State of Colorado. Containing 2.012 acres, more or less ibit E PART OF LOT 1 tOt~IGViEW =SUBDIVISION EAGLE COUNTY, COLORADO A part of tot ~, Longview Subdivision according to the plat recorded tin 12>27~1~71 in book 222 Page 703, being in Tract 65, Sections 3 and 4, Township 5 south, Range 85 West of the 56t Principal Meridian, in the County of Eagle, State of Colorado, more particularly described as follows: Beginning at the northwest corner of said Lot 1; thence N.83°03'50" 279.76 feet along the northerly line of said Lot 1 to the northwesterly line of Jules Drive; thence along anon-tangent curve to the right having a radius of 620.00 feet, a central angle of 37°06'08°, an arc length of 401.48 feet and a Long chord of 394.51 feet bearing S. 44°36'27"UV. to the westerly line of said Lot 1; thence N.00°09'20"V1/. 247.08 feet along said westerly line to the point of beginning, containing 0.983 acres, more or Tess. November 10, 2008 M. Darrell White Registered Land Surveyor 9337 PO Box 115 Gypsum, CO 81637