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HomeMy WebLinkAbout2.0 Petition for Exemption,-7 " '' ,:- t (t/z't'r''; -'sa') 9r,t, lAT,e,,. lt Srt,i- P/ 4,'r ,', ,Y 'i) 77tq'/ ) (outrrr/ ( PETITIOIi FOR A}JNEXATION TO TIIE BOAF.D TRUSTEES OF THE TO[,]N OF SILTr COLORADO: The unoersigned, in accordance with "The llunicipal Annexation Act of 1965", as set forth in Article 12, Tit1e 31, Colorado Revised Statutes, 1973r ds amended, hereby petitions the Board of Trustees of Si1t, Colorado, to annex the unincorporated territory located in the County of Garfield, State of Colorado, described as set forth on Exhibit "A" attached hereto and Lncorporated herein by reference and in support of said petition, the petitioners al1ege that: 1:-. It is desirable and necessary that the above deicribed territory be annexed to the Town of Si]t., Coloradoi '2. That not less than one-sixth (L/6) of the perimeter of the area proposed to be annexed is continguous with the Town of SiLt, Colorado; OF 3. A territory proposed 4. The wilI be urbanized comnrunity of interest exists between the to be annexed and the Town of Silt,, Colorado; '.. -l i I -: territory proposed to be annexed is urban or in the near future; 5. The territory proposed to be annbxed ls integrated or is capable of being integrated with the Town of SiLt, Colorado; 6. The signer of this petition is the owner of 100t of thd territory included in the area proposed to be annexed, exclusive,of streets and al1eys; and hereby consent to the establishment of the boundaries of this territory as 6hown on the,.annexatlon plaI subnrltted. -1- J 7 . The abov(.. descr ibed real est.ate proposed f or annexaEiqn is not presently a part of any incorporated city, city and county t ot town, nor have any proceedings been commenced for annexation to any other municipality; 8. The proposed annexation will not result in detachment from any school district or attachment to another school district; 9. In establishing the boundaries of the territory to be annexed no ]and in identical ownership, whether consisting of one tract or parcel of real estate of two or more contiguous tracts or parcels of real estate is divided into separate parts or parcels without the written consent of the landowner or Iandowners thereof, or (b) comprising 20 acres or more and having an assessed value together with buildings and improvements situate thereon in excess of $200r000.00 for ad valorem tax purposes for the year preceeding the proposed annexation is included in the territory i proposed to be annexed without the'written consent , of the landowner or landowners; 10. The annexation to the Town of Silt of the territory described above will not result in a change of ,county boundarlee; 11. The namer rndiling address, and date of signature of each Petitioner is set forth below accompanying the signature of each petitioner; 12. Attached to this petition is the affidavit of the circuihtor of this petition that each signature hereon is the signature of the person rvhose name it purports to be; (a) .j r'1'. -2- 13. This petition is accompanied by four prints of an Annexation Map containing, among other things, the following information: A written legal - description of the boundaries of the area proposed to be annexed to the Town of (a) silr; (b) A map showing the boundary of the area proposed to be annexed to the Town of SiIt; (c) llithin the annexation boundary fiEP, a showing of the location of each ownership tract in unplatted ]and,. (d) Next to the boundary of the area proposed to be annexed, a drawing of the contlguous boundary of t' the annexing municipality abutting the area . proposeo to be annexed i undersigned petitioners to be the owner of lano within the area herein requested'to be annexed ares NAME Elizabeth Terrell ADDRESS 32677Hwy.6&24silt, co 81652 15. The petitioners therefore request that the proposeo annexation be completed and approved by al" Board of Trustees of the Town of Silt, Colorado, pursuant to the provisions of Article 12, Tit,le'31 of the Colorado Revised Statutes, !g73t as amended. WHEREFORE, the undersigned request that the Town of SiItr Colorado, approve the annexation of the area proposed to be annexed. srclrED this Tno day ., //tuA , ts82.'a -3- OWNER TO BE OF 1OOB OF THE PROPERTY ANNEXED: Date STATE OF COLORADO COUNTY OF GARTTELD Subscr ibed The,undersigned, being first duly shrorn, states that hehas circulated the above petition and that- each slgnature thereinis the signature of the person whose name it purporls to be. AFFIDAVIT )) ss. ) 32677 Hwy.6ilt, co OF CIRCULATION and sworn to before me th.is &o. day of| 1982, by Dennis O. Bradley. .l .S,.- Q.^ f tcs=: Address /It "l ' . ,..t,.. I i I,; il ,n^ Ter re6&24 81552 Bradley -4- .. .-.-^-ii. 'Sctlat' U'c,uii;i)' 7 o cor t[! l]:'l t'c iit' ' lL.n sih. Colo. 313!J Exhibit A TERRELL A}TNEXATION NO. 1 BOU}IDARY DESCRIPTION: A parcel of land situated in the nlrwt of section 9, and t 4, all in Tovnship.6 Southr-Range 92 IJert oi tt't Siittr Principal Heridian' Garfield County, Colorado, lying l{eeterlyr-Southerly and-adjacent to the TARA suBDrvrsroN p.u.D. in the Toff Ir sirt, LirriiJo, w-"rt.rry ind edjacent to the Kruger subdivirion, both aa filed in the Garfield county' colorado records' and Norrherly of the Southerii rigli-of-raY iii. "f U.S: Eighuay 6&24' seid p"rcel of taia ia oore fully described at follour: Beginning 8i ! point on Bhe Nor'therly right-of<arr liuc of reid.highuay' uhence rhe Northeast Corner "i-iiia iectlon 9, elro being e Street Surrrey Honuoent at North First street and Grand Avenue in the Town of silt' colorado' bears 3 N. 74'35r47rtE. 1983.18 feet; thence NORII| 737 '84 feet; thence s.86.47 t 15,,E. 599.59 feet to "-e"i"t -on thc l{esterly- line of said TAR.I{ SUBDfVISION; rhence S.OO'litOOifl. (t".o"J i.OO'43tOO'V') 68'66 feet elong caid telrA suBDrvrsroN; tt.oi. -sl6o'2g,oo"w. (record s-ob'38roo"il') 481'75 feet along raid.TARA suBDrvrSroN; thence i.ggjizroo"E. ii""ora s.89'22'oo"E') along said TAxtr SUBDIVISION, f6O:60 feet to e-e.i"a on-reid Rnrger Subdivision; thence s.oo.2groo,,tf . (r""orf - -i.oo'38roo"w:)'rio"g reid Kruger subdivition' l5z.87 feer to a point on ttre-nolii.tly righi-or*"i line-of raid highuay; rhenee S.B9'54r30"E. along-saii tlorCircrli "igtt-oi-rrey^1inc' 6l'73 feet to .r concrere highuray right-of-uey 'oonumen-l; ai.i"i s;00; 05t3o,l{' 120'00 f eet ro r se.id uonur'ent on the So.rtir"ify righi-of-t'ty-1ine of^raid highuay; thence' along said Sourherly right-oi-.'"y ii"g, it|.89'tit3O'U. 22O'60 feet to a said ,EonuEent; at.i"u--!.OO;OSr3f"p.' 38.56 fcet, EorG-or leee' to E raid oonuoent a1so, Eore or lese, being on th; Northerly ;i8;;:if-'"y-line of the Denvcr and Rio Grande lferrcrn Railroad; " -;;";;; N.8A'Oiiii'U. g-g1'72 feet' :Dore or less ' along eaid hig;;;t ind-iailio"J iieht-of"say line; thence N'OO'05r30"8' I2O.OO fceB, Eorc or 1ets, to t polrrt on th: floitittfy right-of+ay line of said highuey; th"r,". Zti.Zi i..t "tong the arc of t-cun'e to the right' along raid Norrherly right-of-.,ay 1i;;; tra,inq t itai""-"f 5'595'785 fceB' the chord of uhieh bcarrr--fi.gg-ag,li,,t{. :l'Ja.74 ieet a"-ttr. point of beginning, containing 12.32 tcret, raorc. or lets. 'Hrrch llr f iaZ' ' Job No. l8lr92 tSo/ar- Cctttntr'Y l.o. Bor t63 txr3l t r6 l:13 14.16 $itl' Coto 8l552 Exhibit A TERRELL ANNEXATION NO. 2 A parcel of land situated in the 4, all in TownshiP 6 South,-Range Garfield CountY, Colorado, lYing of U.S. HighrlaY 6&24, also belng "ia nio Grande Western Railroad' to the Town of Silt, Colorado as iiia p"t"el of '.land ie more fullY BOUNDARY DE S-gErPTr oN : Harch 11, 1982 Job No. 181592 rmtwet of Section 9, and the swtsEt of Section - 92 West of the Sixitr Principal Heridian' Northerly of the Southerly right-of-way line ;;;-ii;;6erly right-of-wav line of the Denver r"J w"tterly of ile terreil Annexation No' 1 filed in the Garfield County, Colorado records' described as follows: Beginning at a point on said Annexation No' 1 on the Northerly right-of-ray line of said highway, whence the Northeast cotiut of said Section 9' aleo being a Street survey Monument at North First Street and Grand Avenue in the Town of silt, coloradp. u."r", N.74'rsiazii. 1983.18 feet; thence - 214'76 feet a1sn8 rhe.arc of a crirvi to tte left (ueing along ""il-rloitherly right-of-ray line and eaid ar,r,"*"iiI"-i"'--i iii"):;;;!"; i i"ai"' of 55e5'785 feet' the chord of which bearb, --i.AA'48'32"E. 214.74 f'eet; thence S'00'05r30'V' along said Annexarion No. 1, 120.00 feei more ot f""i, to-eaid-highway and railroad right-of-way line; thence .forr!-""id.highway.;;; railroad right-of-wav line' 454.7h feer atong the arc of " Irr*" to the ti;h;,-having " tldi"" of 5715'785 feet, the chord if ,rri"t bears, --N. gt: ll r45,,1{.* hi'.62 f ieti rhence N.85'21'00"h" 4g1.66 feer ro a poirr.r on the w."i-iirr" or sria rutivnrr; thence, leaving aaid highway and raiirl"a iigtt-of'*,Ii-fi""l -i:60;gz'42"1{' along said l{eet line' 558.i6 feet, more or leas, to th; quarier Corner co,oon to seid Scctiona 4 end 9' (uhence said Street Survey lton,.r,nent bearst N"ii'i4;'5"8' 2637'29 fect); thence N.OO'31r52"1I.' 286.28 ieet along the tJeat line of eaid SUtSEt; thence ' 5.86.47,15,,8. 728.92 feet to ii" Nottf,west Coriir-of said Annexation No' 1; I theqce soUTIt along said Arine*"aiti-No. r, n)-'Att feet to the point of beginning' "r"I"Lfig L4.77 ecree, more or leae' #ri-f,{ THIS Town of SiLt, effective thls ANNEXATION AGREEMENT AGREEEMENT is made and enteredColorado, (Town) and elizabeth into between theTerrell to become , 1982.day of REC ITALS 1. Terrell is the ovrner of certain real propertydescribed on Exhibit A attached hereto and lncorporated herein byreference which has been approved for Subdivision Exemption by theGarfield County Commissioners. - 2. Terrell desires to have her said real property annexed to the Town with subdivision thereof as approved byGarfield County Commissioners and to develop a portion of her realproperty for Eighway Business purposes, said annexations to be known as the Terrell Annexations L and 2. 3. The Town is willing to proceed with the annexationof such real property upon the mutually agreeable terms andconditions which are herein set forth. COVENANTS NOW, THEREFORE, in consideration of the foregoing it ismutually agreed and covenanted between the parties as follows: 4. The annexation shall be accomplished as TerrellAnnexation 1 and Terrell Annexation 2 to the Town of Silt and theproperty so annexed shall be subject to the terms and provisionsof this agreement. 5. As a condition of annexation, Terrell agrees to make the following street improvements: To upgrade any entrancesto the property to be used for commercial purposes to Town of Siltand State Departnent of Highways Standards prior to issuance of any new certificate of occupancy. Such improvenents shall include storn drainagefacilities and shall be accomplished in accordance with theGeneral Design and Construction Specifications adopted byresolution by the Townts Board of Trustees 6. Terrell shall certify to the Town the costs of suchstreet lmprovements as and when completed. The Town agrees thatin order to assist Terrell in recapturing the cost of said streetimprovementsr prior to the app-roval - of any annexation orsubdivision of'property which shalI utilize such street,s, Townwill charge the petitloners for such annexatlon or the developerof such subdivision as the case may be, a fee egual to thatportion of the cost of such street improvements as made by Terrell -1.- that is equitable as determined by the Town based on the relative use that will be made of such streets by such property annexed tothe Town or subdivided pursuant to the Townts regulations. A11 such monies thus collected shall be paid to TerreII or her heirs,successors, or assignsr provided that no charges shall be made orcollected in excess of the original cost of such streetimprovements. Such charges shall be paid to the Town prior to itsaPProvaL of any such annexation or subdivision. Town shallwithhold an administration fee of three (3) percent fron the totalamount collected and Town shall not be responsible for honesterrors in calculations. The Town shall collect such fees for aperiod of ten ( 10 ) years after the Town accepts the street improvements upon completion of construction by Terrell. Town isnot reguired to undertake other than ordinary administrativeprocedures in attempting to colLect such fees unless Terrellagrees in advance to pay all costs thereof including reasonableattorneysr fees. At the end of the ten (10) year time period, the Townrs obligation to collect these fees sha1I terminate and thisparagraph 5 shalI be of no further effect. 7. As a condition of annexation and prior to layingany affected asphalt surface required ln paragraph 5, Terrellagiees that she will instaLl all water Line and serrer lineimprovements in accordance with the General Design andConstruction Specifications adopted by resolution by the TowntsBoard of Trustees necessary to serve the affected lots within theTerrell Annexation. 8. Terrell will certify to the Town the costs of suchwater line and sewer line improvements as and when completed. The Town agrees in order to assist Terrell in recapturing the cost ofsuch water and sewer improvements, that for any tap onto suchwater and sewer ines, Town shall also charge the person or entitymaking such connection to such water or sewer llnes such portionof the cost as adjusted by such industry standard as Town ray, inits sole discretion, choose to utilize of improvements to the Townwater and sevter system made by Terrell as Town shall determine isequitable based on the relative use that will be made of suchsystem improvenents as are installed and constructed by Terrell.All such monies thus collected shal1 be paid to ferrell or herheirs, successors, or assigns, provided that no charges sharl bemade or coLlected in excess of the original construclion cost ofsuch improvements, plus the aforesaid cost escalator of suchinprovements. Charges to be collected by the Town shaIl be paidto the Town at the tine the Town collects its other water andsewer connection fees. Fall.ure to pay such charges shall entltLethe Town to proceed with collection thereofi ana all collectioncosts including a reasonabLe attorneysr fee shall be deducted andwithheld.by the Town fron all amounts collected, prlor to paymentof the differenc'e to Terrell. Town shall addition-alIy witnhoia anadministration fee of three ( 3 ) percent fron the Lotal amountcollected and Town shall not be responsible for honest errors incalculations. Tosrn will collect thl fees herein required for a period of ten (10) years after constructlon of the water and sewer system irnprovements by Terrell. Town is not reguired to undertakeother than ordinary administrative procedures in attempting tocollect such fees unless Terrell agrees in advance to pay allcosts thereof including reasonable attorneysr fees. At the end ofthe ten (10) year period, Townrs obligations to collect such feesshal1 terminate and this paragraph I shall be of no furthereffect. 9. Town agrees that upon compliance with applicabLeand Town 6rdinances, the Terrell Annexa€ion properties--wiff be zoned Highway Business (B-2). 10. Prior to issuance of any building permit, T€rrel1shal1 have satisf ied any and all water r igtrls , dedication reguirements and policies of the Town as established by OrdinanceNo. 1, Series of L979r 6s amendedr oE otherwise, applicable to the proposed structure and use. 11. Terrell shall assign and convey to the Town priorto final reading of the annexation ordinance, land or cash inlieu of land satisfying the requirements of Chapter Six'of the Town of Silt subdivision Regulations. 12. By entering into this Agreement, no landownerswithin Terrell Annexations 1 and 2 shall be precJ.uded from forminga special improvement district or districts pursuant to state lawfor any IawfuI purpose. 13. Any party breaching this Agreement in any mannersha1l be liable to the non-defaulting party for damages,injunctive relief, and reasonable attorneysr fees and costsrelating to enforcement by the non-defaulting party of itsremedies. This Agreement shall be binding upon and shall inure tothe benefit of the parties hereto, their heirs, successors, and assigns. DATED this day of | 1982. TOWN OF SILT Charles A. Rains, llayor ATTEST: Town Clerk (Town Seal) By -3- I STATE OF COLORADO )) ss. couNTY oF GARFTELD ) Subscribed and svrorn to before ne this day of , 1982, by Charles A. Rains, Mayor, and EelenE. Py1es, Town Clerk for the Town of Si1t, Garfield County, Colorado. Witness my hand and notarial seal. My commission expires: Notary PubIic Address Subscrlbed and sworn to before me this day of , L982, by Elizabeth Terrel1, Owner. Witness my hand and notarial seal. My commission expires! Notary Public Address -4- "So/al' Cc,;ri;i)' t o Dor tC! lt:!t t't' ii:'' lt.rn 3irr. Golc. 3l Gll Exhibit A TERRELL A}INEXATION NO. 1 BOU}TDARY DESCRIPTION: A percel of land situated in the NtNEt of Section 9, anit the StSet of Section 4, all in Tormship.6 South, Range 92 1{ast oi tt'" Siittr Principel Heridian' 'Garfield county, colorado, lying westerly, southerly and-adjaccnt to the TARA suBDrvrsroN p.u.D. in rhe r.ii Ir Silr, Lorirrao, If-ecterly and edjacent to the Rruger Subdivision, both as filed in the Garfield county, colorado recordr' and Norrherly of the Southerly right-of-'tt ii"t of U'S' Highuey 6&2t" said parceloflanaiaoorefullydescribedasfollogs: Beginning ar I point on Ehe Nor'therly right- of*ay line of c1id. njtl'8}:: r.rhence the Northeatt Corner of-eaid iection 9, elro being a Street Su:rrey Honuoent at North First Street and Grand Avenue in the Town of Silt' Colorado' bears : N. 7 t' 35t ttl"E 1983. 18 f eet; thence NORTII 737 '84 f eet; thence 'S.86'47t15"E. 599.59 feet to a point-on thc Westerly-li1e of seid TIAA SUBDTVISIoN; thence s.OO'jStOO;U. (t..otJ S.OO'4itOO'H') 68'66 feet along said TARA SUBDfVISION; then-ce--S.60'28rOoitl. (record S'Ob'38tOO"$' ) 48I'75 feet along said TARA SUBDfVISION; thence i.agj:ZtOO"E. l(record S'89'22'OO"E') along said TARA SUBDIVISIONT 160.eo reet^to a point on said RnrBer Subdivision; rhence s.oo.2groo,,1g. (r""orJ i.oo':gtooiw.) alonB reid Kruger subdivicion, 157.87 feer ro a point on tie xotit,.try right-of-t'"t line of raid hightray; rhence S.89'54'30"E. rlong ".ii-tlo".i"rf! right-o-fa:I-litte' 6l'11^f ::t to .! concrere highuay right-of-u8y Eonument; 'ti.i"t s;00; 05t3Oilt{' 120'00 f eet Eo e se.id uonuroenr on the So"ti"ifi righi-of{rey^li1e of-reid highuay; thence' along seid Southerly rigtt-oi-r"y ii":i 'X.ig'i4t3O'V' 220.60 feet to e said ,EonuEenr; rh;;;;--!.OO;oSrjg"p.' 38.56 feet, Eorc-or lees, to-e said uonuoent alro, Eore or lesg, being on thi Northerly-iigttt-of-rray-line of the Denver and Rio Grande rJerrern Railro"ai -.i."ii N.Ba'07;11'T. l-41.72 fcet, T9I:..?r lers' along aaid highuay and railio"J tight-of-nay linei thencc N'OO'05f30"E' 12O.OO fect, Eorc br 1cse, ii " polnt on ti. tlo"tittty right-of1ay li:: of said highway; thence 1.;.i.;A i.tt "tong the arc of t-.,,',t to Ehe right' along raid Northerly right-of-.,ay li;", hayin! a radiue of 5'595'785 feet' the chord " of uhich bearr: N.gg.4gr32,,rf. ilt .tt, icet ;;-;;. foint of beginning, containing 12.32 lcret, Eore. or les;. 'Hrrch ll; tiaz' Job No. 181592 | ( l-;r tl! l.{r 'l L'.. .. lA- l,&.--. 3dt. Cotc ll0ll Exhibir A TERREIJ, A}TM'UTION NO. 2 BOU}.IDARY DESCRIPTION: A parcel of land situated in the m'tNEt of Section 9, and the SHtSEt of Section 4r'all in Township 6 South, Range 92 lJert of the Sixth Principal Heridian, Garfield Counry, iolorado,-lfini Northerly of the Southerly right-of'+;ay line of U.S. Highr.-ry- StZt r:also being the Northerly right-of-.'ay line of the Danver ' end Rio Cranae.Westein'Railroad, end Werterly of the Terrell Annexation No.. I to the Tor-n of Silt, Colorado as filed ia the Garfield County, Colorado records, said parcel of '.land is :rore fully described as follour: Beginning at a point on said Annexation No. I oa the Northerly-right-ofntty liie of Iaid highray, r.hence the Northcatt Corner of said, Section 9, also being a Street Sunrey Honuaent at North First Street and Grand Avcnue in the Tovn of Silt, Coloradol bu"r"3 N.74'35t47"8. 1983.18 feet; thence 214.76 feet along rhe erc of a crirrre to the left (being along said Northerly right-of-uay line and said Annexation No. I line), having a radius of 5595.785 feet, the chord of thich bears: S.88'48t32"E. 214.74 feet; thence S.O0'05t30'\.'. along said Annexation No. 1, 120.00 feet Eore or lesa, to raid highuay and railroad right-of-rrsy line; thence along seid highr.'ay and railroad right-of-ray,1ine, 454.7t feet elong the arc of " ".r*" to the iigtt, having a redius of 5715'785 f..i; ;i.-.r,rid ;f uhich bears: N.87'37'45'T.- Aia.52 fiet; thence -N.85'21r00'4"481.66 feer to a point on rhe.lJest line of said NL'tNEt; thencer-leeving said highr.-ey and railrlad right-of-.ay line, N.OO'32'42'11. elong raid llest 1ine, SSA.Sg- feet, Eore or leis, to th; Quarier Corner co@on to'liid Sectionr 4 and 9, (r..hence saii Street. Su:rrey Honuaent bears! N.89'14r35ttE. 2637.29 feet); thence A-.OO'31'52"t{.. 28e.78 feet elong the llcst line of slid SHLSET; thence S.86'(7r15"E. ?28.g2 feet to the Northpert Corrrer of raid Annexation No. l; thcnce SODIH along said Arinexation No. 1, 737.84 feet to the point of beginning, containing 14.77, acrec, Dore or leet. Harch 11, 1982 Job No. 181592 Trustee moved the adoption of the following Resolution: RESOLUTION WEEREAS, a Petition for annexatlon of TERRELL ANNEXATION NO. 1, TOWN OF SILT, COLORADO, accomPanled by four prints of an annexation urapr have been filed with the Town Clerk of the Town of Silt, Colorado, and thereafter have been referred to the Board of Trustees as a communication; and WBEREASrtheBoardofTrusteeshaveexaminedthe petition and find that said Petition ls signed by the owners of lOO percent of the property proposed to be annexed, exclusive of streets and alleYs; and WHEREAS,theBoardofTrusteesfindsthatthe requirements of the aPPlicable parts of the "lilunicipal Annexation Act of 1965" have been met and t,he petition substantially complies with all the requirements of the "Iluniclpal Annexation Act of 1955' and amendments thereto; and WEEREAS, irrposed uPon this WHEREAST Do hearing or 'Municipal Annexation Act of 1955' no additional terms and conditions are to be annexationi and election 1s reguired under the or any amendments thereto; Novl,THEREFoRE,BEITRESoI,VEDTBATtheBoardof Trustee6 of the Town of Slltr Coloradol now finds and deternines that the Petltlon ls ln Bubstantlal compllance wlth the illunlclpal Annexation' Act of 1965" and that the Petitlon ls signed by the owners of 1OO Percent of the proPerty ProPosed to be annexed' exclusive of the 6treets and a1leys; that further Proceedlngs should be had without the necesslty of an electlon or a speclal hearing and that additional terns need not be lurposed; all as -1- authorized by the "Municipal Annexation Act of r9G5"; BE IT FURTHER RESOLVED, that an ordinance be drafted and that it include a statement that the terrltory to be annexed is described as the TTERRELL ANNEXATTON No. 1, TowN oF srLT, COLORADO" and that said ordinance lnclude a statement that the orrners of 100 percent of the property have petitioned for annexation. Tr us tee seconded the notion. on rolr carl the following Trustees voted ,yes,: Trustees voting "nay'3 -z- 'dctlat' Lr'c'ur::i )' t O Do' tt! l!:ll t''f' til' ' lLra 3ilr. Bclo.3lGlJ Exhlbtt A TERRELL AN}VEJArION NO. 1 BOUNDARY DESCRIPTION: A percel of land cituated. in-tn' nlyl^:: ::":i:".?:.i"$,illri:i*.:fri:::t'^t,':ii"l"";,I:;t;';";il:n;'^il;...;i^;:ii ;i-:::-:ll':":':l;:::l.n::'l;:'i l:'ilLl".::ff:'E;i"lfill',iil;="".'ir,-;";;;';ii-::1,:':::'::,ll.ll'.lo:iffiil1:rff';:illrl"ii'ill'rlli":'"liil,^ih"'"i'i-ii::::rv lnd edjacent to the Cal aredo record s ,i:::::':iil'lilii;,'1"Iil".,I"li,;; l !l:::'il:1;^:','i::1'"!:;;:;u3,Iii"Ili:H';:,:;::i;':i"li"'!il.;:'i;^;i'IIii;z'1i;;-:i-u's' Highuev 6&20' raid 'Hrrch lll tiaz' ' . Job N0.181r92 parcel of tand ia uore fully described es follour: BeginninB at I point on the Nor'therly right-of<tay liac of reid highseYr r.rhence rhe Norrheacr corner "i-""ia !.".ioi;; ;i;t being e strlet surrrey Honuuent at North First Streei and Grana a""u" in the Torn of Silt' Colorado' bears: N.74'35t47"E 1983.ii-fo"t; thence NOR7ll 737'84 feet; thence 'S.86'47r15"E. 599.59 fo.t io "-eri"a-o" tit l{erterly^1i1c of said TARA suBDrvrsroN; thcncc s.00'ji'ooIu. ("t"ot; ;:oo;4'5too'v') 68'56 feet elons reid TARA SUBDfVISIoN; .f,orrlo--S.60'igtOOiW. ir.tord S'OO'38tOO"!l') 481'75 feer along caid TA,A suBDrvrsroN; rhence i.gg;iiioo"E. 'lii""ota s'89'22'oo"E') elong said TAnl SUBDIvIS1Op,-iOO.eO-I:::-It i-point on reid Knrger Subdivision; rhence s.00.2groo,,t{. (r""lri- -i.oo'lg'ooirll"irig reid Kruger Subdivition' 157.87 feer ro a point or,.l,"-H"Iii"tfy tigit-oi;'i line of raid highuay; rhence s.89'54'30"E. tro'g-";i;-ii;;;tttri iight-ofi'ty-line' 61'73 feet to .! concrcre highr.ray right-of-r.,iy:ronuil:n-t; "iti"t -i;OO:OSr3oi'I.I' 120'00 feet .o ! re.id uonuilenr on the so,rtir.iry righi-"i-r"i-ri1e of- raid highvay; thence ' elong raid southerly right-oi-t"ty ii;1, tlig;Ii'to;\l' - 2zo'60 feet to ! reid .EonuEen!; Bhencc 3.Oot05ti;',w:' i8.SO ftti, iott^or lerc' to e raid oonuEenl elro, Eore or 1eag, being oi-ti. Northerly-iit;;-or-t'"y-liie of lhe Denver and Rio Grande IJcrtern .Railroad 3 " thence N.84'OiiiittW' 3-g1'72 feet ' Egre-'or lel s ' along eeid highrray and rail;r";'-;i;it-of'*'ey fii"; thence N'oO'05f 30"8' '2O.OO fect, Eorc br lers, ii, polot orr ai'. flotii.tfy right-of-uaY line of reid highuey; thence 214.76 felt alorrg tht arc of "- tgJt to the righc' elong raid Northerly right-of-ray line, !"YitE ""t"ai'" of 5'195'785 feet' the chord - of uhich beari: N.88-48,32,,l|: ittr,tt f""t';;-;;.-;oint li u"gi"ning, containing !2.32 lcretr Eorc, or' lerl' ORDINANCE NO. AN ORDTNANCE CONCERNING TBE ANNEXATTON OF CERTATN PROPERTY MAppED As TTERRELT., ANNEXATTON No. r, TOWII OF SrLT, COLOF"ADO" WEEREAS, the owners of IOO percenthereinafter described have petitroned for thesiia property to the Town of silt, colorado; and of the property annexation of the WBEREAST the petitron is regurar in arr respects, and isaccompanied by four prints of the annexation map of the TTERRELL ANNE)GrroN No. l, TowN oF srLT, cotoRADoi, and furly meets therequirements of the "Municipal Annexation Act of 1965, as amended,and all of the requirements of law of the state of cororado andthe Town of Silt have been met; and WHEREAS, in order to encourageto the Town of Si1t, it is desirable 'TERRELt ANNEXATTON NO. l, TOWN OF SILT,the Town of Silt; and welL-ordered development and neeessary that the COLORADO, be annexed to WEEREAST Do additional terms andimposed upon this annexation by the Board ofof silt ? conditions need be Trustees of the Town NOW, OF TEE TOWN OF TEEREFORE BE TT ORDATNED BY TEE BOARD OF TRUSTEES srLTr COLORADO: Section f. That the annexatloncoloradoT of the followlng degcrlbed rorrof Garfleld, Colorado, to_witr t That realhereto and be, and the same is to the Town of Silt, proporty ln the County pIgp_._rty.d?r.crtbcd on Exhlblr A, atraehedlncorporated hereln by reference -' approved and sard rear property as described -1- on the.map accompanying the Petition Annexation is hereby annexed to the Town of Silt, Colorado, and sha1l be known as'TERREtL ANNEXATTON NO. 1, TOWN OF SrLT, COLORADo". Section If.The Town Clerk of the Town of Silt, the Town of silt shall:Colorador on behalf of a) original of the Town of b) ordinance map oi such area Colorado.. FiIe one coPy of the annexation maP with the the annexation ordinance in the office of the Clerk of silt, Colorado; File for recording two copies of the annexation of the area annexed containing a 1e9a1 description with the clerk and Recorder of Garfield countyr of Trustees and aPProved by Passed and the Mayor of adopted by the Board the Town of SiIt, ,1982. this day of Town Mayor ATTEST: Town CIerk :a' e -, \'"O o/al ' Lrc",; Ii; i )' 7 O Dor t0! l3:3t erc, i..t, ttrrn sitr. colo. 8t cli Exhibit A IERRELL AIINEKAIION NO. 1 BOTTIIDARY nescirprrox : A parcel of land situated in the Ntrget of Section 9, and the slsrt of Section 4r'all in Township 6 South, Range 92 lfett of the Sixth Principal Heridian-, Garfield County, Lolorador'lyin[ IJesterly, Southerly and-adjacent-to the TARA SUBDfVISION p.U.D. in the fown if Silt, Loloraao, Ifesterly and adjacent to the .Xruger Subdivision, both as filed in the Garfield Countyr- Colorado records' and Northerly of the Southerly right-of-ray line of U.S. Highuay 6&24, said parcel of land ie uore fully described as follows: Beginning at 8 point on the Nor'therly right-of-rrey line of s1id. highuay, uhence the Northeast Corner of said Section 9, alao being a Street Su::vey Honument at North Firat Street and Grand Avenue in the Toun of Silt, Colorado, bears : N. 7 tf 35r 47r'E. 1983 . 18 f eet; thence NOR:lt 737 .84 f eet; thence S.86'47t15r'E. 599.59 feet to a point on the Westerly line of said TARA SUBDfVISION; thence S.OO'35'OO;\{. (record S.OO'45rOO''t{.)- 99:99 feet.along said TARA suBDrvrsroN; thence s.oo'28roo.ll. (record s.oo'38r00'\{.) 48r'75 feet along said TARA SUBDrvrsroN; thence s.ggifztOO"E. (record s.89'22'00"E' ) along saif renn sUBDIvIsIoN, 160.60 feer to a point on said Knrger Subdivision; thence S. OO' 28 | OO"lf . (record S. OO' 38 r OO"l.l. ) along said Kruger Subdivia ion, 157.87 fiet to a point on the Northerly right-ofirsy line of said highuay; thencc S.89'54t3b"E. along said Northerly right-of"tray line, 6l'73 feet-to ;--;;;;r"." tietr"y "ight-of:rry Eonunent; thehce S;00'05r3O"W. 120'00 feet ro a aai.d uonugenr on the so"iir"rfi righi-of-ray line of said highway; thence, along said Southerly right-of-t ry iio.l N.89'54t3OtV. 220.60 fcct to a said ,orrri"rrt; thence !. OO;O5 r 30'rl{. 38.56 feet, Eore or lcas r to ! said uonument also, rot" or less, being on the Northerly right-of-ray-line of the Denver and Rio Grande lleatern Railroad; thence N.84'07 | lItU. 381.72 feet, raore or lese , along said highray and railioad right-of-tray line; thence N.00'05r30"E. 12O.OO fcet, tot"- or lese, to a polnt on thl Northerly right-of-ray line of saii highuay; thence 2li.?6 feet along the arc of a cul3re to thc right, along said Noitheily right-of-^,ay line, havinl a radiue of 5.595.785 feet, the chord of uhich bears: i.gg'4g,3i,,l{. 21q.74 feet to the point of beginning, containing 12.32 acres, Eore or less. Hrrch ll e 1982 Job No. 181592 sLr/" ,18 (ca ct * /-.l )z frustee moved the adoption of the following Resolution: RESOLUTION WEEREAS, a petition for annexation of TERRETL ANNEXATION NO. 2, TOWN OP SILT, COLORADO, accomPanied by four prints of. an annexation map, ttave been filed with the Town Clerk of the Town of SiIt, Colorado, and thereafter have been referred to the Board of Trustees as a comruunication; and jWHEREAST the Board of Trustees have examined the Petition and find that said Petition is signed by the owners of lOO percent of the property proposed to be annexed, exclusive of streets and alIeys; and ' : pHEREAS, the Board of Trustees finds that the requireroe.nts of the aPPlicable parts of the "llunicipal Annexation Act of I9G5, have been met and the Petition substantially complies with a}l the requirements of the "Uunicipal Annexation Act of 1965" and amendments thereto; and WEEREAS, iurposed uPon this no additional terms and conditions are to be annexation; and WBEREAST Do hearing or electlon is required under the 'Hunlcipal Annexation Act of 1955" or any amendments thereto; NOW, TEEREFORE, BE IT RESOL\IED TEAT the Board of Trustees of the Town of Silt, Colorado, now flncts ano determines that the petltlon le ln substanttal comPllance w{th the 'Municipal Annexation Act of 1965" and that the Petition is signed by the owners of lOO Percent of the ProPerty proposed to be annexed ' excluslve of the streets and alleysi that further proceedlngs should be had wlthout the necesglty of an electlon or a special hearing and that additio'naI terns need not be irnposed; al1 as -1- authorized by the "Municipal Annexation Act of 1955'; BE IT FURTHER RESOL\IED, that an ordinance be drafted and that it include a statement that the territory to be annexed is described' as the "TERRELL ANNEXATION NO. 2t TOWN OF SILT' COLORADO" and that said ordinance include a statement that the owners of 10O percent of the property have petitioned for annexation. Trustee motion: O. ro11 call the following Trustees voted seconded the "yes": Trustees voting 'naY": -)- , c t-:. l(l !'. ....., . Ia- t,&---. fe'..n 3dl. Cot!,.ltC!l Exhibit A TERREIJ ANNE'NTION NO. 2 BOUMARY DESCRIPTION: A parcel of lani situated in the ln'tNEt of Section 9, tnd the SL'lSEt of Section 4, all in Tounahip 6 South, Range 92 lJest of the Sixth Principal Heridien, carfield Counry, Lolorado, lyinl Northerly of the Southerly right-of-;ry line of U.S. Highr.-ay itZar::lso being the Northerly right-of-.'ay line of the Denver end Rio Grande-.IJerlertr Railroad, end WeBterly of the Terrell Annexation No. I to the Tor.-n of Silt, Colorado as filed ia the Garfield County, Colorado records, raid parcel of-.land is Eore fully described as folIorlr.: Eeginning et a poiat on said Annexation No. I on the Northcrly-right-of-tty liic of said hiihr..ay, r.hence the Northeest Corner of said, Scction 9, alro being a Street Sunrey Honuorent at North First Street and Grand Avcnue in the Torirn of Silt, Colorado, b""rs: N.74'35r47"8. 1983.18 feet; thence 214.76 feet elong rhe erc of a Cdrvc to the left (being elong raid Northerty right-of-ray line and seid Anncxation No. I line), having a radiue of 5595.785 feet, the chord of r.'hich bears: s.88'48r32"E. 214.74 feet; thencc s.00'05r30'T' along seid.Annexetion No. 1, 120.00 feet Eore or lcre, to raid highuay and railroad right-of-rry line; thence along said highr.'ey and railroad right-of*ey line, 45i.7A fect elong the arc of a cun'e to the right, heving a radius of 5715.785 feet, the chora If uhich bears: N.87'37 r45'T.- aiA.62 fiet; thencc N.85'21 r0o'\'. 481.66 feet to a point on rhe,lfest line of said NL'tNEt3 thencer,leeving said highu.ay and railrlad right-of-..ay line, N.OO'32r42'11. elong said llest 1ine. SSS.SO-feet, Eore or leie , to th; quarier Corner co@on to'riid Sectionr 4 end 9, (t'hence saii strcct surtrey Honuoent bears: N-89'14 r35ttE. 2637 .29 f ect); thence ^-.OO'31r52r'tJ.. 28:6.78 fcet elong thc tleet linc of stid SHtSEt; thence S.85'47r15"E. 728.92 feet to the Northuert Corner of said Annexation No. l; thence SOD[H along said Arinexation No. l, 737.84 feet to the point of beginning, t{arch 11, 1982 Job No, 181592 ORDINANCE NO. AN CERTAIN ORDINANCE CONCERNING TTTE ANNEXATION OI PROPERTY UAPPED AS 'TERREI'L ANNEXATION NO' 2' TowN oF srLT, coLoRADOi WBEREAS,theoY,nersofIo0PercentoftheProPerty hereinafter described have Petltioned for the annexation of the said ProPerty to the Town of Silt' Colorado; and WEEREAS,thePetitionisregularinallrespects,andis accompanied by four prints of the annexation maP of the TTERRELL ANNEXATION NO. 2, ToWN oF SILT' coLOF',ADO"', and ful1y meets the requirements of the 'llunicipal Annexation Act of 1965' as aruended ' andalloftherequirementsoflawoftheStateofColoradoand the Town of Silt have been met; and WEEREAS,inordertoencouragewe].1-ordereddevelopment to the Town of silt' it is desirable and necessary that the ,TERREIL ANNEXATT.N No. z, Tov[N or srLT, cor,oRADo" be annexed to the Town of Silt; and WHEREASrDoadditionaltermsandconditionsneedbe lmposeduPonthisannexationbytheBoardofTrusleesoftheTown of Silt; Now,TEEREFoREBEIToRDAINEDBYTEEBoARDoFTRUSTEES oF TIIE TOIVIS OF SrLT, coLoRADO: g9.ct.igtt- T ' That the annexatlon to the Town of silt ' colorado, of the followlng dcsertbedt real proPGrty ln the county of Garfield, Colorado, to-wit: il:fi.i "":,'. Ii:5:JiJ"J":';:13f" fl '3flJi"": ^' a t tached be,andthesameisaPProvedandeaidrealProPertyasdescribed -1- on the map accomPanying the Petition Annexation is hereby annexed to the Town of silt, Col.orado, and shall be known as,TERRELL ANNEXATION NO. 2, TOWN OF SILT, COLORADO". section rr. The Town clerk of the Town of silt, Colorado, on beha]f of t,he Town of Silt shall: a) F'i1e one coPy of the annexation map wi th the original of the annexation ordinance in the office of the Clerk of the Town of Silt, Colorado; b) File for recording two copies of the annexation ordinance maP of the area annexed containing a lega1 description of such area with the Clerk and Recorder of Garfield County, CoIorado. Passed and adopted by the Board of Trustees and approved by the Mayor of the Town of Silt, this day of , 1982. Town Hayor ATTEST: Town Clerk -2- I . .. i-., rt: lI: t;L.'::.' ,Ar'^ tdl, Cols lltr 2 Exhibit A TERRELL ANNE)GTION NO. 2 BOUI.IDANY DESCRIPTION : A parcel of land situated in the M'tNEt of Section 9, and the SL'tSEt of Section 4, all in Township 5 South, Range 92 lJest of the Sixth Principal Heridian, Gerfield County, Colorado, lying Northerly of the Southerly right-of-.'ay line of U.S. Highr..ay 6&24r1also being the Northerly right-of-.'ay line of the Denver and Rio Grande IJestern Railroad, and llesterly of the Terrell Annexation No. I to the Tor.zr of Silt, Colorado as fited ia the Garfield CounEy, Colorado records, said parcel of'.1and is uore fully riescribed as follor.'s: Beginning at e point on said Annexation No. 1 on the Northerly right-of-.tay line of said highr,.ay, r.'hence the Northesst Corner of aaid Section 9, also being a Street Surrrey Honuoent at North First Street and Grand Avenue in the Torm of Silt, Colorado, bearB: N.74'35r47"E. 1983.18 feet; thence 21q.76 feet along rhe arc of a curve to the left (being along said Northerly right-of-ray line and said Annexation No. 1 line), having a radius of 5595.785 feet, the chord of r.*rich bears: S.88'48t32"E. 214.74 feet; thence S.00'05t30'A'. along raid Annexrtion No. 1, 120.00 feet Eore or less, to raid highway and railroad right-of-iray line; thence along seid highr.'ay and reilroad right-of*ay line, 454.7t feet along the arc of a curve to the righr, having a radius of 5715.785 f eet, the chord ;f which bears: N. 87'37 r45'\{. t+54.62 feet; thence N.85'21 r 00'1i. 481.66 feer to a point on the l{est line of said }IL'tMt; thence, leaving raid highr,'ay and railroad right-of-,'ay 1ine, N.OO'32r42'\J. elong said t{est line, 55S.56 feet, Eore or leis, to the Quarter Corner co@on to Diid Sectionr 4 and 9, (r..hence said Street Su:rrey Honrurent bears! N.89'14r35"8. 2637.29 fcet); thence li.OO'31r52"t{. 286.78 feet along the r{est line of raid SHtSEt; thence S.86'&7r15"E. 728.92 feet to the Northuest Corner of said Annexation No. l; thence SODIH along said Arinexation No. 1, 737.84 feet to the point of beginning, containing 14.77 acre8, Eore or leal. Harch ll, 1982 Job No. 181592 )L