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HomeMy WebLinkAboutC02-136 Town of Gypsum_Petition for Annexation_First National Guard AnnexationPETITION FOR ANNEXATION No. . TO: THE TOWN COUNCIL OF THE TOWN OF GYPSUM, COLORADO RE: PETITION FOR ANNEXATION OF LAND KNOWN AS THE FIRST NATIONAL GUARD 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, herety petition the Town Council of the Town of Gypsum, Colorado ("Town") for annexation to the Town 6l. she land described on Exhibit attached hereto and incorporated herein ("Property"), which is currevly 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: (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 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 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. v 9. 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. 10. 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 shall be as if no petition had ever been executed and filed with thf. Town. 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 LANDOWNER/PETITIONER EaACo, a body co orate and p attic ichael L. Gallagher, Chai Eagle County Board of Cc ty Commissioners qg��C- 41C±& - T Stone, ommissioner Commissioner o4 ,GL c.4 pr m n Date of Signature: - '/ O ATTEST: 9ardJ. Fisher, 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. LEGAL DESCRIPTION NATIONAL GUARD ANNEXATION Situated in Tract Fifty-five (Tr.55) Section 3, of Township Five South (T.5 S.), Range Eighty-five West (R.85 W.) of the Sixth Principal Meridian (6th P.M.), County of Eagle, State of Colorado and more ,JUly described as follows: Beginning at a 3-1/4" diameter aluminum cap on a 24/2" diameter pipe, stamped L.S. No. 13901, found marking angle point 3 of said Tract 55. Thence North 800 09' 49" East, a distance of 1176.98 feet to a point, said point being the true place of beginning of the parcel of land herein described; Thence, North 00° 32' 48" East, a distance of 125.00 feet to a point, Thence, South 89' 21' 56" East, a distance of 225.00 feet, to a point, Thence, South 00° 32' 48" West, a distance of 125.00 feet, to a point, Thence, North 89° 21' 56" West, a distance of 225.00 feet, to the true point of beginning and containing 28,125 Square Feet or 0.6457 Acres of land, more or less, as surveyed by Richard Migchelbrink, PLS of Benchmark Engineering Services, Inc in March of 2002, but subject to all legal highways and easements of record, if any. E"� �f k I" � f " 0 DI sTRy$UTION Originals to: I. Contract Book 2, 31 41 �Iks • Aaans ,l,.