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HomeMy WebLinkAboutC09-504 Petition to Annex EGE Town of GypsumPETITION FOR ANNEXATION TO: THE TOWN COUNCIL OF THE TOWN OF GYPSUM, COLORADO RE: PETITION FOR ANNEXATION OF LAND KNOWN AS THE NORTH AIRPORT 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: 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.S., in that: A. Not less than one-sixth (1/6th) 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 or parcels of real estate: i. is divided into separate parts or parcels, unless such tracts or parcels are separated by a dedicated street, road, or other public way; or ii. comprises 20 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. 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. The requirement of C.R.S. Sections 31-12-104 and 31-12-105 exist or have been met. 3. That the signors of the Petition comprise more than fifty percent (50%) of the landowners in the Property, who own more than fifty percent (50%) of said area excluding public streets and alleys and any land owned by the Town. The signors of the Petition hereby consent to the establishment of the boundaries of the Property as shown of the annexation plat submitted herewith. 4. That attached as Exhibit "B" hereto and incorporated herein by reference are four (4) copies of the annexation map, containing the following information: A. A written legal description of the boundaries of the Property; B. A showing of the boundary of the Property; C. A showing of the location of each ownership tract of unplatted land, and, with respect to any area which is platted, the boundaries and the plat 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 the contiguous boundary of any other municipality abutting the Property. 5. That all 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. 6. The signors of this Petition comprise the owners of one hundred percent (100 %) of the property sought to be annexed exclusive of streets and alleys. The legal description of the land owned by each signor of this Petition is set forth underneath the name of each such Petitioner and is incorporated herein by this reference. 7. The affidavit of circulator of this Petition certifying that each signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit "C" and is incorporated herein by reference. 8. That upon an ordinance annexing the Property ("Annexation Ordinance") becoming effective, and subject to the conditions of this Petition and any Annexation Agreement, the Property shall become subject to the Charter, Municipal Code and all laws and ordinances, resolutions, rules and regulations of the Town, except for general property taxes of the Town which shall become effective on January 1 of the next succeeding year following passage of the Annexation Ordinance. 9. This Petition is filed on the conditions set forth in the Annexation Agreement, including that the requested PUD zoning be granted by the Town. In the event such zoning is not granted Eagle County shall have the right to disconnect as provided in the Annexation Agreement. 10. That the Petitioners will, within sufficient time to allow the Town to act within ninety (90) 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. THEREFORE, PETITIONER RESPECTFULLY REQUESTS that the Town Council of the Town of Gypsum, Colorado approve the annexation of the Property pursuant to the provisions of the Municipal Annexation Act of 1965, as amended. SIGNATURE OF L DOWNE TIONER ~ __-~ . ~, Eagle County, a body corporate ~nd politic By: c~,-~ r ~;..tio.. mow,.:.....,,., 1 ~'i~ i _ i-:.~ti,;_ti~CI,~,~`tC~ -~~I Y~-~t Eagle County Board of County Commissioners Date of Signature: ~ " 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. EXHIBIT A DESCRIPTION OF PROPERTY PARCEL 1 (See Sheet 2 A parcel of land located in Sections 2, 3, 4, and 9, Township 5 South, Range 85 West of the Sixth Principal Meridian, Town of Gypsum, Eagle County, Colorado being more particularly described by metes and bounds as follows: Beginning at a point being the Southeast Corner of the Eagle County Maintenance Service Center, according to the Amended Exemption Plat thereof, as recorded October 20, 1999 as Reception No. 712446; thence N00°09'30"E, 1282.49 feet to Angle Point 1 of Tract No. 66 also being the Southeast Corner of the Longview Subdivision according to the Plat thereof as recorded December 27, 1971; thence along the South boundary of said Lot 1 S89°53'27"W, 340.66 feet; thence 490.42 feet along the arc of a curve to the left having a radius of 700.00 feet and a central angle of 40°08'31 "the chord of which bears N42°01'07"E, 480.46 feet to the North boundary of said Lot 1; thence N83°06'37"E, 20.21 feet, to the northeast corner of said Lot l;thence departing said Lot 1 Boundary and along the West line of Tract 62 N O1°08'09" W, 4.58 feet to the Southwest corner of Parcel A, Amended Exemption Plat, Lehmann Parcels according to the plat thereof recorded at Reception No. 200617646; thence departing the West line of said Tract 62 and along the South lines of Parcel A and Parcel B of said Amended Exemption Plat., Lehmann Parcels N 81°50'25" E, 3616.85 feet to the Southeast corner of said Parcel B, Amended Exemption Plat, Lehmann Parcels; thence along the easterly line of said Parcel B, the following four (4) courses and distances: 1) N 01°49'43" E, 576.43 feet; 2) S 88°10'31" E, 61.45 feet; 3) N 72°24'56" E, 569.20 feet; 4) S 89°08'06" E, 285.75 feet; thence departing the easterly line of said Parcel B continue S 89°08'06" E, 1785.68 feet; thence N 00°51'00" E, 200.00 feet; thence S 89°09'00" E, 1962.68 feet; thence S 00°44'07" W, 200.00 feet; thence S 89°09'21" E, 213.88 feet; thence S 70°31'00" E, 327.11 feet to a point on the 2-1 line of Tract 56; thence along said line N 89°06'30" E, 479.92 feet to Corner 1 of said Tract 56 and Corner 4 of Tract 55; thence along the 4-3 line of said Tract 55 N 00° 1 1'54" W, 331.44 feet to the Northwest corner of that parcel of land described in Book 433 at Page 775; thence along the North line of said parcel S 81°24'27" E, 1719.38 feet to the Northeast corner of said parcel; thence continue S 81°24'27" E, 25.24 feet to the Northwest corner of Hoffman Exemption Plat according to the plat thereof recorded in Book 682 at Page 812; thence along the West boundary of said plat the following three (3) courses and distances: 1) S00°48' 16"W, 973.02 feet; 2) 66.92 feet along the arc of a curve to the right having a radius of 85.03 feet, a central angle of 45°05'54" and a chord which bears S23°21'02"W, 65.21 feet; 3) S 00°48'16"W, 183.50 feet, to the Northern boundary of those lands described in the Eagle County Airport Annexation to the Town of Gypsum, according to the Annexation Map thereof as recorded February 6, 1997 in Book 718 at Page 124; thence along said Northern boundary S81°50'29"W, 8852.25 feet; thence S00°00'00"E, 6.53 feet to the North boundary of the Cooley Mesa Road Annexation to the Town of Gypsum, recorded February 6, 1997 as reception No. 614098; thence along said Northern boundary the following eighteen (18) courses: 1) 424.73 feet along the arc of a curve to the left having a radius of 1939.86 feet and a central angle of 12°32'41 "the chord of which bears S77° 14'29"W, 423.88 feet; 2) S70°20'49"W, 47.12 feet; 3) S69°21'30"W, 50.40 feet; 4) S68°49'26"W, 50.16feet; 5) S68°43'47"W, 3.33 feet; 6) S68°43'26"W, 199.69 feet; 7) S68°50'49"W, 46.74 feet; 8) S69°37'20"W, 49.37 feet; 9) S71 ° 14' 17"W, 49.27 feet; 10) S72°24'15"W, 2.70 feet; 11) 266.75 feet along the arc of a curve to the right having a radius of 1 115.92 feet and a central angle of 13°41'46" the chord of which bears S79°19'23"W, 266.23 feet; 12) S86°43'16"W, 22.37 feet; 13) S88°09'25"W, 49.29 feet; 14) S89°26'23"W, 49.55 feet; 15) S89°53'24"W, 26.98 feet; 16) S00°04' 17"E, 7.70 feet; 17) S89°27'21 "W, 570.79 feet; 18) S89°20'56"W, 302.03 feet to the Point of Beginning. Containing 452.2 acres of land more or less. Page 2 of 4 PARCEL 2 (See Sheet 3) A parcel of land being a portion of Tract 54, Township 5 South, Range 85 West of the 6th Principal Meridian, County of Eagle, State of Colorado, mare particularly described as follows: Beginning at a point being angle point 2 of said Tract 54, thence along the north line of said Tract 54 S89°08' 13"E, 714.27 feet to a point being the northeast corner of Parcel A, Greenman Exemption Plat, as recorded April 28, 1989 at Reception No. 401473, in the Office of the Eagle County Clerk and Recorder; thence departing said Tract line and along the southeast boundary of said Parcel A the following 7 courses: 1) S47°51'36"W, 425.84 feet; 2) S42°08'24"E, 50.00 feet; 3) S47°51'36"W, 200.00 feet; 4) N42°08'24"W, 50.00 feet; 5) S47°51'38"W, 137.21 feet; 6) S49°08'07"W, 156.51 feet; 7) 37.64 feet along the arc of a curve to the right having a radius of 1245.92 feet, an central angle of O1°43'51", and a chord which bears S53°28'32"W, 37.63 feet to the westerly line of said Tract 54; thence along said westerly line of Tract 54 N00°01' 12"E, 647.52 feet to the Point of Beginning, Excepting therefrom that portion of the Cooley Mesa Road right of way defined in the Cooley Mesa Road Annexation as recorded in the Eagle County Clerk and Recorder's Office as Reception No. 614098 Containing 4.55 acres more or less. Page 3 of 4 PARCEL 3 (See Sheet 4 A Parcel of land, located in Tract 60, Section 3 and 10, TSS, R85W, 6th P.M., County of Eagle, State of Colorado, according to the Independent Resurvey thereof as accepted by the General Land Office June 6, 1923, also being northerly of and adjacent to the Cooley mesa road, said parcel being more specifically described as follows: Commencing at the monument marking the witness corner to angle point 3 of tract 57 from which angle point 2 Tract 54 bears N71°44'56"E, 4175.85 feet; thence S89°04'54"W, 30.01 feet to the true Point of Beginning being the southeast corner of the "Nunn Property" as defined in the Nunn Property, Land Survey Plat as deposited in Book 001 at Page 660 in the Eagle County, Colorado, Land Survey Plat depository; thence S89°04'54"W, 295.23 feet along the northerly boundary of the Cooley Mesa Road right of way, thence N00°21'00"E, 295.16 feet, thence N89°04'54"E, 295.23 feet, thence S00°21'00"W, 295.16 feet to the point to the point of beginning. Containing 2.00 acres more or less Page 4 of 4 EXHIBIT B ANNEXATION MAP EXHIBIT C AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and says: That (he or she) 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. _/ Cir ulator ,~~_ STATE OF COLORADO } ! } COUNTY OF EAGLE } Subscribed and sworn to before_me by s ~,~ (, I r ~ o ~~ this C J 'day of -t , y.~ ~ ` ~,~ ~-c~(, __~~ a ~.,, Notary Public My Commission Expires: ~-~ ~ ~ ~ '~ ~~ '' DEBORAH L CHURCHILL Notary Public a State of Colorado "~'~' F~~ 1~'~ pk111 hi ,^~. nmlRSk'+n F~~