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2003-7

A RESOLUTION

MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF A PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 6, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO.

WHEREAS, the City Council of the City of Lakewood, 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), C.R.S.; and

WHEREAS, the City Clerk has provided notice of public hearing on the proposed annexation by publication once a week for four (4) successive weeks and by registered mail to the Board of County Commissioners of Jefferson County, the County Attorney of Jefferson County, the Jefferson R-1 School District and to any Special District having territory in the area to be annexed; and

WHEREAS, the City Council has completed a public hearing to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S. to establish eligibility for annexation.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakewood, Colorado, that:

SECTION 1. The City Council of the City of Lakewood, Colorado hereby finds and determines with regard to the annexation of the territory described in Exhibit "A" attached hereto and incorporated herein, that the area sought to be annexed to the City of Lakewood meets the requirements of Sections 31-12-104 and 31-12-105, as amended, of the Municipal Annexation Act of 1965, in that:

a. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the City of Lakewood, Colorado.

b. A community of interest exists between the area proposed to be annexed and the City of Lakewood, Colorado.

c. The area proposed to be annexed is urban or will be urbanized in the near future.

d. The area proposed to be annexed is integrated with, or is capable of being integrated with the City of Lakewood, Colorado.

SECTION 2. The City Council further finds and determines that:

a. No land within the area proposed to be annexed and 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 tracts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels are separated by a dedicated street, road or other public way.

b. The annexation of the area proposed to be annexed will not result in the detachment of area from any school district and the attachment of such area to another school district.

c. No annexation proceedings have been commenced for the annexation to another municipality of any part or all of the area proposed to be annexed to the City hereunder nor is any part of said area presently a part of any incorporated city, town or city and county.

d. The annexation of the area proposed to be annexed will not have the effect of extending the boundary of the City of Lakewood more than three miles in any direction from any point of the City's boundary in any one year.

e. In establishing the boundaries of the area proposed to be annexed, where a portion of a platted street or alley is annexed, the entire width of said street or alley is included with the area annexed.

f. Reasonable access shall not be denied to landowners, owners of easements, or the owners of franchises adjoining a platted street or alley to be annexed by the City but is not bounded on both sides by the City.

g. Due to the fact that the land proposed to be annexed is less than ten (10) acres in total area, no Annexation Report is required.

SECTION 3. The City Council further finds and determines that: the Petitioners comprise more than fifty percent (50%) of the landowners of more than fifty percent (50%) of the area proposed to be annexed, exclusive of streets and alleys; an election is not required, and no additional terms or conditions are to be imposed upon the area to be annexed.

INTRODUCED, READ AND ADOPTED by a vote of 11 for and 0 against at a regular meeting of the City Council on January 13, 2003, at 7 o'clock p.m. at Lakewood Civic Center, 480 South Allison Parkway, Lakewood, Colorado.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

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EXHIBIT A

LEGAL DESCRIPTION OF
STEVINSON AUTOMOTIVE ANNEXATION MAP OF PROPERTY TO BE ANNEXED:

STEVINSON AUTOMOTIVE ANNEXATION
JN 3707.ASI
JANUARY 17, 2002
REVISED:
JULY 05, 2002
SHEET 1 OF 1

ANNEXATION DESCRIPTION:

A PARCEL OF LAND BEING A PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 6, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 6; THENCE N 00°08'27" W, ALONG THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER, 660.90 FEET TO THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SOUTHWEST ONE-QUARTER; THENCE N 89°58'26" E, ALONG SAID SOUTH LINE, 484.21 FEET TO THE CORPORATE BOUNDARY OF THE CITY OF LAKEWOOD AS DEFINED ON THE ANNEXATION MAP OF ORDINANCE 0-94-57 RECORDED IN PLAT BOOK 119, AT PAGE 57, UNDER RECEPTION NO. 94164856 IN THE RECORDS OF JEFFERSON COUNTY, BEING THE POINT OF BEGINNING; THENCE ALONG SAID CORPORATE BOUNDARY OF THE CITY OF LAKEWOOD THE FOLLOWING FOUR (4) COURSES:

1) N 00°42'30" E, 384.86 FEET;

2) S 89°58'15" W, 54.20 FEET;

3) N 00°08'27" W, 245.97 FEET TO A POINT THIRTY (30') FEET, AS MEASURED AT RIGHT ANGLES, SOUTHERLY FROM THE NORTH LINE OF THE SOUTH ONE-HALF OF SAID SOUTHWEST ONE-QUARTER;

4) N 89°59'17" E AND PARALLEL WITH SAID NORTH LINE, 455.66 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF GLADIOLA STREET AS DEDICATED AND DESCRIBED BY THE INSTRUMENT RECORDED IN BOOK 924 AT PAGE 243 OF SAID COUNTY RECORDS AND SAID LINE LYING TWENTY (20') FEET, AS MEASURED AT RIGHT ANGLES, WESTERLY FROM THE WESTERLY BOUNDARY LINE OF THE PLAT OF PLEASANT HEIGHTS AS DEFINED ON THAT DOCUMENT RECORDED JUNE 14, 1955 IN PLAT BOOK 14, AT PAGE 50, OF SAID COUNTY RECORDS;

THENCE S 00°12'17" E, DEPARTING SAID CORPORATE BOUNDARY OF THE CITY OF LAKEWOOD, ALONG SAID WESTERLY RIGHT-OF-WAY LINE AND PARALLEL WITH SAID PLAT BOUNDARY, 94.84 FEET TO THE INTERSECTION OF SAID WESTERLY RIGHT-OF-WAY LINE WITH THE WESTERLY EXTENSION OF THE SOUTHERLY LINE OF THE NORTHERLY TWENTY-FIVE (25') FEET OF LOT 15, SAID PLEASANT HEIGHTS; THENCE N 89°56'06" E ALONG SAID EXTENSION AND ALONG SAID SOUTHERLY LINE, 173.68 FEET TO THE EASTERLY LINE OF SAID LOT 15; THENCE S 00°16'48" E ALONG THE EASTERLY LINE OF LOT 15, LOT 14 AND LOT 13, 205.62 FEET TO THE SOUTHEAST CORNER OF SAID LOT 13 AND LYING ON THE SOUTHERLY BOUNDARY OF SAID PLEASANT HEIGHTS;

THENCE S 89°58'47" W ALONG SAID SOUTHERLY BOUNDARY AND THE WESTERLY EXTENSION OF SAID SOUTHERLY BOUNDARY, 188.90 FEET; THENCE S 00°08'27" E AND PARALLEL WITH THE WESTERLY LINE OF SAID SOUTHWEST ONE QUARTER OF SECTION 6, 330.36 FEET TO THE SOUTH LINE OF NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SOUTHWEST ONE-QUARTER; THENCE S 89°58'26" W ALONG SAID SOUTH LINE, 164.64 FEET TO THE CORPORATE BOUNDARY OF THE CITY OF LAKEWOOD AS DEFINED ON THE ANNEXATION MAP OF ORDINANCE NO. O-94-55 RECORDED OCTOBER 15, 1994 IN PLAT BOOK 119, AT PAGE 55 UNDER RECEPTION NO. 94164852 OF SAID COUNTY RECORDS;

THENCE S 89°58'26" W AND CONTINUING ALONG SAID SOUTH LINE BEING IN COMMON WITH THE CORPORATE BOUNDARY OF THE CITY OF LAKEWOOD, 227.91 FEET TO THE POINT OF BEGINNING, AND SAID PARCEL CONTAINING AN AREA OF 298,592 SQUARE FEET, OR 6.855 ACRES, MORE OR LESS.

THE ABOVE DESCRIBED PARCEL OF LAND WAS DESCRIBED BY DAVID L. STUFFLEBEAM UNDER THE SUPERVISION OF DAVID C. DIFULVIO, COLORADO P.L.S. NO. 16401.