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Home My Public Portal AboutResolution 1998-04-05 Making Certain Findings of Fact Regarding the Proposed Annexation of a Parcel of Land -- TOWN OF FRASER, COLORADO RESOLUTION NO. 1998- 4 -~ A RESOLUTION MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF A PARCEL OF LAND TO THE TOWN OF FRASER, COLORADO WHEREAS, the Board of Trustees of the Town of Fraser, Colorado, has found a petition for the annexation of the hereinafter described parcel of land to be in substantial compliance with the requirements of Section 31-12-107(1), Colorado Revised Statutes; and WHEREAS, the Town Clerk has provided notice of public hearing on the proposed annexation by publication once per week for four successi"e weeks and by registered mail to the Clerk of the Board of County Commissioners, the County Attorney, the school district and to any special district having territory in the area to be annexed; and WHEREAS, the Board of Trustees has completed a public hearing to determine if the proposed annexation complies with Sections 31-12-104 and 105, Colorado Revised Statutes, to establish eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER: That the Board of Trustees hereby finds and concludes with regard to the annexation of the territory described in Exhibit A attached hereto and incorporated herein, that not less than one- sixth of the perimeter of the area proposed to be annexed is contiguous with the existing boundaries of the Town; and therefore, because of such contiguity, a community of interest exists between the territory proposed to be annexed and the Town; the territory proposed to be annexed is urban or will be urbanized in the near future, and that the territory proposed to be annexed is integrated or is capable of being integrated with the Town; and BE IT FURTHER RESOLVED: That the Board of Trustees finds and determines that no land held in identical ownership has been divided or included without written consent of the owner thereof; that no annexation proceedings have been commenced by another municipality; that the annexation will not result in the detachment of area from a school district; that the annexation will not result in the extension of a municipal boundary more than three miles; that the Town has in place a plan for said three mile area; and that in establishing the boundaries of the area to be annexed the entire width of any street or alley is included within the area annexed. BE IT FURTHER RESOLVED: That an election is not required, and no additional terms or conditions are to be imposed upon the area to be annexed. RESOL VED AND PASSED by the Board of Trustees this 15th day of April, 1998. -1- ýÿ For: 4 Against: 3 Abstain: () AITEST: [S E A L] -2- EXHIBIT A Legal Description of Proposed Annexation ANNEXATION AREA BOUNDARY DESCRIPTION: A TRACT OF LAND BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE1I4SW1I4) OF SECTION ~O, THE SOUTH HALF OF mE SOUTHEAST QUARTER OF SECTION 20, THE NORTH HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 29 AND THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, ALL IN TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS; Beginning at the South Quarter Corner of Section 20; Thence North 00026' West along the West Line of Southwest Quarter ofthe Southeast Quarter (SW1I4SEl/4) of Section 20 a distance of 1,102.70 feet; THENCE South 61059'47" East a distance of 343.18 feet; THENCE South 560)1 '25" East a distance of 342.69 feet; THENCE South 41004'23" East a distance of 120.80 feet; THENCE South 56031 '25" East a distance of 135.02 feet; THENCE South 71058'51" East a distance of 120.78 feet; THENCE South 56036'15" East a distance of 1,129.95 feet; THENCE South 56030'00" East a distance of 180.00 feet; mENCE South 33030'00" West a distance of 40 feet more or less; THENCE South 56030'00" East a distance of 20.00 feet; THENCE North 33030'00" East a distance of 505.19 feet more or less; THENCE North 56030'00" West a distance of 175.00 feet; THENCE North 33030'00" East a distance of 123.12 feet; THENCE North 20027'22" West a distance of 97.99 feet; THENCE North 52021 '56" West a distance of 130.58 feet; THENCE North 68031'00" West a distance of 217.27 feet; THENCE North 60059'53" West a distance of 222.49 feet; THENCE North 840)4'10" West a distance of 94.32 feet; THENCE South 71025'43" West a distance of 83.82 feet; THENCE South 50046'16" West a distance of 136.99 feet; THENCE North 67002'41" West a distance of 348.11 feet; THENCE North 44044'27" West a distance of 383.42 feet; THENCE North 39004'37" West a distance of 111.30 feet; THENCE North 59013'14" West a distance of 124.47 feet; THENCE South 75040'28" West a distance of 85.06 feet; THENCE South 88056'15" West a distance of 176.76 feet; -1- ýÿ - -- ----- -- --- --- THENCE North 78021 '25" West a distance of 75.00 feet; THENCE North 3r33'11" West a distance of 138.14 feet to a point on the North line of said Southwest Quarter of the Southeast Quarter (SW1I4SEl/4) of said Section 20; Thence South 89044'47" West a distance of 200 feet along the North Line of the Southwest Quarter of the Soutbeast Quarter (SWl/4SEl/4) of Secti~n 20 to the Northwest corner of Southwest Quarter of the Southeast Quarter (SW1I4SE1I4) of Section 20; Thence South 89043'05" West a distance of 1316.58 feet along the North Line of the Southwest Quarter of the Southeast Quarter (SW1I4SEl/4) of Section 20 to the Northwest Corner of the of the Southeast Quarter of the Southwest Quarter of said Section 20; Thence South 00020'02" East a distance of 1,325.01 feet along the West Line ofthe Southeast Quarter of the Southwest Quarter (SE1I4SWl/4) of Section 20 to the Northeast Corner of the Northwest Quarter of the Northwest Quarter (NWl/4NW1I4) of Section 29; Thence South 89040'12" West a distance of 811.19 feet along the North Line of the Northwest Quarter of the Northwest Quarter (NW1I4NWl/4) of Section 29 to the Northerly Right-of-Way line ofthe Denver & Rio Grande Western Railroad (Formerly Known as the Southern Pacific Railroad); Thence the following seven (7) courses along said Northerly Right-of-Way 1.) South 19023'21" West a distance of 96.78 feet; 2.) South 16049'59" West a distance of 175.78 feet; 3.) Along the arc of a non-tangent curve to the left having a radius of 617.15 feet, an arc length of 1,416.63 feet, a central angle of 131031 '07", the chord of which bears South 53052'10" East a distance of 1,125.47 feet; 4.) North 55025'43" East a dis~ance of 175.77 feet; 5.) North 52052'19" East a distance of 79.50 feet; 6.) North 55034'55" East a distance of 201.94 feet; 7.) Along the arc ofa non-tangent curve to the right having a radius of 816.78', a central angle of 70020'02", and an arc length of 1,002.64 feet, the chord of which bears North 84026'39" West a distance of 940.86 feet; to the East Line of tine Northeast Quarter of the Northwest Quarter (NE1I4NW1I4) of Section 29; Thence North 00031'55" West a distance of 764.77 feet along the East line ofthe Northeast Quarter of the Northwest Quarter (NE1I4~1/4) of Section 29 South Quarter Corner of said Section 20, being the Point of Beginning. Said Tract contains 103.006 acres, more or less. County of Grand State of Colorado -?- - --------- ýÿ ------- Legal Description of Tract 1 Owned by Petitioning Landowners M.J. Sumrall and Steve Sumrall: All that portion of the Southeast one-quarter Southwest one-quarter (SE1/4,SW1I4) of Section 20, Township 1 South, Range 75 West of the 6th P.M. described as follows: Commencing at the Northwest corner of the Southeast one-quarter, Southwest one-quarter (SEl/4, SWl/4) of said Section 20; Thence South 00020'01" East, along the West line of the Southeast one-quarter Southwest one-quarter (SE1I4, SWl/4) of Section 20, a distance of 582.71 feet to the Point of Beginning; Thence North 89039'59" East, 333.77 feet; Thence South 00020'01" East, parallel with the West line of the Southeast one-quarter of the Southwest one-quarter (SE1I4, SW1I4) of said Section 20, a distance of 652.55 feet; Thence South 89039'59" West 333.77 feet to the West line of the Southeast one-quarter Southwest one-quarter (SE1/4, SW1I4) of said Section 20; THENCE North 00~0'01" West along the West line of the Southeast one-quarter Southwest one-quarter (SE1I4, SW1/4) of said Section 20, a distance of 652.55 feet to the Point of Beginning. Said Tract contains 5.000 acres, more or less. County of Grand State of Colorado Legal Description of Tract 2: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 29, ALL IN TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GRAND, STATE OF COLORADO, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, AND CONSIDERING THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20 TO BEAR N89042'50"E WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO: -~- --- - ------ - -- ---- --- - ----- - ýÿ Thence N89042'50"E along said North line a distance of 471.44 feet to the Southerly Right- of-Way Line of U.S. Highway 40; Thence the following four (4) courses along said southerly Rigll1t-of-Way line: 1.) S66045'02"E a distance of 424.20 feet; 2.) S65017'39"E a distance of 297.57 feet; 3.) Along the arc of a non-tangent curve to the right having a radius of 2794.80 feet, a central angle of 03037'58" and an arc length of 177.21 feet, the chord of which bears S61023'38"E a distance of 177.18 feet; 4.) S57014'43"E a distance of 38.65 feet to the East Line ofsaid Southeast Quarter ofthe Southwest Quarter of Section 20; Thence SOO~6'OO"E along said East Line a distance of 922.11 feet to the South Quarter Corner of said Section 20; Thence s00031'55"E along the East Line of said Northeast Quarter of the Northwest Quarter of Section 29, a distance of 764.77 feet to the Northerly Right-of-Way Line of (Formerly Southern Pacific Railroad) as shown on Filing Map k-4-678 (Now the Denver & Rio Grande Western Railroad); Thence the following seven (7) courses along said northerly Right-of-Way Line: 1.) Along the arc ofa non-tangent curve to the left having a radius of 816.78 feet, a central angle of 70020'01" and an arc length of 1002.64 feet, the chord of which bears N84~6'30"W a distance of 940.86 feet; 2.) S55034'55"W a distance of 201.94 feet; 3.) S52055'19"W a distance of 79.50 feet; 4.) S55025'43"W a distance of 175.77 feet; 5.) Along the arc of a non-tangent curve to the right having a radius of 617.15 feet, a central angle of 131031 '07" and an arc length of 1416.63 feet, the chord of which bears N53052'10"W a distance of 1125.47 feet; 6.) NI6049'59"E a distance of 175.78 feet; 7.) N19023'21liE a distance of 96.78 feet to the North Line of said Northwest Quarter of the Northwest Quarter of Section 29; Thence N89040'12"E along said North Line a distance of 811.19 feet to the Northeast Corner of said Northwest Quarter of the Northwest Quarter of Section 29; Thence NOO~O'01"W along the West Line of said Southeast Quarter of the Southwest quarter of Section 20, a distance of 89.74 feet to the Southwest Corner of that Parcel of Land described as an exception parcel in Book 422 at Page 607; Thence the following three (3) courses along said parcel; 1.) N89039' 59"E a distance of 333.77 feet; 2.) Nooo20'01"W a distance of 652.56 feet; 3.) S89039'59"W a distance of 333.77 feet to the West Line of said Southeast Quarter of the Southwest Quarter of Section 20; -A- --------- ----- ýÿ ---- - - - --- Thence Noo020'01 "W along said West Line of the Southeast Quarter of the Southwest Quarter of Section 20, a distance of 582.71 feet to the Point of Beginning. Said Tract Contains 70.290 acres, more or less. County of Grand State of Colorado Legal Description Of Tract 3 A PART OF THE SOUTHEAST ONE-QUARTER SOUTHWEST ONE-QUARTER (SE1I4, SW1I4) OF SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: Beginning at the Northeast corner of said Southeast one-quarter Southwest one-quarter (SE1I4SWl/4); Thence South 00026' East, along the East line of said Southeast one-quarter Southwest one- quarter (SE1/4SW1I4) 259.00 feet to a point on the Northerly right-of-way line of U.S. Highway 40; Thence Northwesterly along said right-of-way line 607.00 feet to a point on the North line of said Southeast one-quarter Southwest one-quarter (SE1/4SW1/4); Thence North 89042'50" East, along sai~ North line, 539.35 feet to the Point of Beginning. Said Tract contains 1.60 Acres, more or less. County of Grand State of Colorado Legal Description Of Tract 4 A TRACT OF LAND LYING NORTHEASTERLY OF U.S. mGHW A Y No. 40 WITHIN THE Sl12SE1I4 OF SECTION 20 AND THE NE1I4NE1I4 OF SECTION 29, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M.., DESCRIBED AS FOLLOWS; Beginning at the South 1/4 corner of Section 20; Thence proceeding North 00026' West along the North-South centerline of Section 20 a distance of 1,102.32 feet to the TRUE POINT OF BEGINNING; . THENCE proceeding South 61059'47" East a distance of 343.1 8 feet; THENCE South 56031'25" East a distance of 342.69 feet; -~- ýÿ THENCE South 41004'23" East a distance of 120.80 feet; THENCE South 56031 '25" East a distance of 135.02 feet; THENCE South 71058'51" East a distance of 120.78 feet; THENCE South 56036'15" East a distance of 1,129.95 feet; THENCE South 56030'00" East a distance of 180.00 feet; THENCE South 33030'00" West a distance of 40 feet more or less; THENCE South 56030'00" East a distance of 20.00 feet; THENCE North 33030'00" East a distance of 505.19 feet, more or less; THENCE North 56030'00" West a distance of 175.00 feet; THENCE North 330)0'00" East a distance of 123.12 feet; THENCE North 20027'22" West a distance of 97.99 feet; THENCE North 5r21 '56" West a distance of 130.58 feet; THENCE North 6S031'00" West a distance of 217.27 feet; THENCE North 60059'53" West a distance of 222.49 feet; THENCE North 840)4'10" West a distance of 94.32 feet; THENCE South 71025'43" West a distance of 83.82 feet; THENCE South 50046'16" West a distance of 136.99 feet; THENCE North 67002'41" West a distance of348.11 feet; THENCE North 44044'27" West a distance of 383.42 feet; THENCE North 39004'37" West a distance of 111.30 feet; THENCE North 59013'14" West a distance of 124.47 feet; THENCE South 75040'28" West a distance of 85.06 feet; THENCE South 88056'15" West a distance of 176.76 feet; THENCE North 7SOU '25" West a distance of 75.00 feet; THENCE North 31033'11" West a distance of 138.14 feet to a point on the North line of the Southwest 1/4 of the Southeast 1/4 of Section 20; Thence South 89044'47" West a distance of 200.00 feet to the Northwest Corner ofthe Southwest 1/4 of this Southeast 1/4 of Section 20; Thence South 00026'00" East a distance of 222.22 feet to the TRUE POINT OF BEGINNING. Said Tract contains 24.02 acres, more or less. County of Grand State of Colorado Legal Description Of Tract 5 A PART OF THE SOUTHEAST ONE-QUARTER SOUTHWEST ONE-QUARTER (SE1/4, SWl/4) OF SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: -f\- Beginning at the Northwest corner of the Southwest Quarter of the Southeast Quarter (SW1I4SE1/4), of Section 20; Thence South 00026' East, along the East Line of said Southeast Quarter of the Southwest Quarter (SE1I4SW1I4) a distance of 259.00 feet to a point on the Northerly R.O.W.line of U.S. Highway 40, being the POINT OF BEGINNING; Thence Northwesterly along the said Northerly R.O.W. line of U.S. Highway 40 a distance of 607.00 feet to a point on the North line of said Southeast Quarter of the Southwest Quarter (SE1I4SW1I4) of Section 20; Thence South 89042'50" West distance of 305.76 feet along the said North Line of the Southeast Quarter of the Southwest Quarter of Section 20, to a point on the Southerly R.O. W. of U.S. Highway 40; Thence South 66045'02" East a distance of 424.20 feet; Thence South 65017'39" East a distance of 297.57 feet; Thence along the arc of a non-tangent curve to the right having a radius of 2,794.80 feet, a central angle of 03037'58" and an arc length of 177.21 feet, the chord of which bears South 61023'38" East a distance of 177.18 feet; Thence South 57014'43" East a distance of 38.65 feet; Thence North 00026' West a distance of 142.80 feet along the East Line of the Southeast Quarter of the Southwest Quarter of Section 20; to the Point of Beginning. S~id Tract contains 2.07 acres, more or less. County of Grand State of Colorado -7- ýÿ