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2003-61

A RESOLUTION

MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF A PARCEL OF LAND LOCATED IN 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 Section 31-12-104 and 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 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 of other public way; or
(2) comprising twenty (20) acres or more which, together with the buildings and improvements situated thereon, has an assessed value in excess of Two Hundred Thousand Dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, is included within the area proposed to be annexed without the written consent of the landowner or landowners thereof.

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. The area proposed to be annexed comprises less than ten acres and an Impact Report as provided for in Section 31-12-108.5, C.R.S., is not required.

SECTION 3. The City Council further finds and determines that: the Petitioners compromise more than fifty percent (50%) of the landowners in the area and own more than fifty percent (50%) of the area to be proposed to be annexed, exclusive of public 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 vote of 11 for and 0 against at a regular meeting of the City Council on July 28, 2003, at 7:00 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