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2004-52

A RESOLUTION

MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 1, AND A PORTION OF THE NORTHEAST ONE-QUARTER OF SECTION 2, TOWNSHIP 5 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH COLORADO REVISED STATUTES SECTION 31-12-107(1)

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 more than ten (10) acres in total area, an Annexation Report is required. An Impact Report has been prepared and delivered to the Jefferson County Board of County Commissioners as provided for in Section 31-12-108.5, C.R.S., as amended.

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 _____ for and _____ against at a regular meeting of the City Council on May 10, 2004, 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 COLORADO ACADEMY ANNEXATION MAP OF PROPERTY TO BE ANNEXED:

ANNEXATION DESCRIPTION:

A PARCEL OF LAND LYING IN A PORTION OF THE NORTHWEST ONE-QUARTER (NW1/4) OF SECTION 1 AND A PORTION OF THE NORTHEAST ONE-QUARTER (NE1/4) OF SECTION 2, TOWNSHIP 5 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHWEST ONE-QUARTER;

THENCE S89°16'34"W, ALONG THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER, SAID LINE ALSO BEING IN COMMON WITH THE CITY AND COUNTY OF DENVER INCORPORATION BOUNDARY AS DESCRIBED ON THAT ANNEXATION MAP LABELED PINEHURST ANNEXATION, APPROVED BY ORDINANCE 462 OF THE SERIES OF 1969, AND FOUND IN BOOK 26, AT PAGE 46, IN THE RECORDS OF THE CITY AND COUNTY OF DENVER CLERK AND RECORDER (DENVER RECORDS), A DISTANCE OF 30.00 FEET TO A POINT LYING ON THE INCORPORATION BOUNDARY OF THE CITY OF LAKEWOOD AS DESCRIBED ON THAT ANNEXATION MAP LABELED NEWTON-HILLYARD, TRANSAMERICA TITLE CO. #2, APPROVED BY ORDINANCE O-72-105 AND RECORDED IN PLAT BOOK 40, AT PAGE 54, OF THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER (JEFFERSON RECORDS);

THENCE N00°00'30"E ALONG SAID CITY OF LAKEWOOD INCORPORATION BOUNDARY, A DISTANCE OF 2,322.34 FEET TO THE SOUTHEAST CORNER OF THAT TRACT OF LAND FOR WEST HAMPDEN AVENUE RIGHT-OF-WAY TO THE COLORADO STATE HIGHWAY DEPARTMENT BY THAT INSTRUMENT RECORDED IN BOOK 1582, AT PAGE 378, OF SAID JEFFERSON RECORDS;

THENCE DEPARTING SAID CITY OF LAKEWOOD INCORPORATION BOUNDARY N89°18'57"E, A DISTANCE OF 55.00 FEET, MORE OR LESS, TO THE EAST RIGHT-OF-WAY LINE OF SOUTH PIERCE STREET;

THENCE S00°00'30"W ALONG SAID EAST RIGHT-OF-WAY LINE OF SOUTH PIERCE STREET, A DISTANCE OF 64.97 FEET, MORE OR LESS, TO THE NORTH BOUNDARY LINE OF ACADEMY POINTE THE PLAT OF WHICH IS RECORDED IN PLAT BOOK 81, AT PAGE 51, OF SAID JEFFERSON RECORDS;

THENCE N89°20'40"E ALONG SAID NORTH BOUNDARY LINE, A DISTANCE OF 5.00 FEET, MORE OR LESS, TO THE EAST RIGHT-OF-WAY LINE OF SOUTH PIERCE STREET AS SHOWN AND DEDICATED BY SAID ACADEMY POINTE;

THENCE S00°00'30"W ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 603.64 FEET, MORE OR LESS, TO THE SOUTH BOUNDARY LINE OF SAID ACADEMY POINTE;

THENCE S89°20'40"W ALONG SAID SOUTH BOUNDARY LINE, A DISTANCE OF 5.00 FEET;

THENCE LEAVING SAID SOUTH BOUNDARY LINE S00°00'30"W, A DISTANCE OF 332.57 FEET, MORE OR LESS, TO THE NORTH LINE OF THE SOUTH ONE-HALF OF SAID NW 1/4;

THENCE N89°21'06"E ALONG THE LAST SAID NORTH LINE SAID LINE ALSO BEING IN COMMON WITH THE WESTERLY EXTENDED SOUTH LINE AND THE SOUTH LINE AND EASTERLY EXTENDED SOUTH LINE OF THAT CITY AND COUNTY OF DENVER INCORPORATION BOUNDARY AS DESCRIBED ON THAT ANNEXATION MAP LABELED CAVALIER ANNEXATION, APPROVED BY ORDINANCE 526 OF THE SERIES OF 1971, AND FOUND IN BOOK 26, AT PAGE 100, OF SAID DENVER RECORDS, A DISTANCE OF 2,451.23 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THAT PROPERTY DESCRIBED IN BOOK 816, AT PAGE 117, OF SAID JEFFERSON RECORDS, SAID POINT ALSO BEING THE NORTHWEST CORNER OF THAT CITY AND COUNTY OF DENVER INCORPORATION BOUNDARY AS DESCRIBED ON THAT ANNEXATION MAP LABELED BEAR VALLEY HEIGHTS NO. 2 ANNEXATION, APPROVED BY ORDINANCE 11 OF THE SERIES OF 1967, AND FOUND IN BOOK 25, AT PAGE 100, OF SAID DENVER RECORDS;

THENCE S00°01'45"E ALONG SAID LINE DESCRIBED IN BOOK 816, AT PAGE 117, AND SAID BEAR VALLEY HEIGHTS NO. 2 ANNEXATION, A DISTANCE OF 1,321.51 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF SAID PARCEL DESCRIBED IN SAID BOOK 816, AT PAGE 117, SAID LAST SOUTHEAST CORNER BEING IN COMMON WITH THE SOUTHWEST CORNER OF SAID BEAR VALLEY HEIGHTS NO. 2 ANNEXATION;

THENCE S89°21'37"W ALONG THE SOUTH LINE OF THAT PARCEL DESCRIBED IN SAID BOOK 816, AT PAGE 117, SAID SOUTH LINE BEING IN COMMON WITH THE NORTH LINE OF SAID PINEHURST ANNEXATION AND THE SOUTH LINE OF SAID LAST PARCEL EXTENDED WESTERLY, A DISTANCE OF 2,477.09 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING AN AREA OF 77.36 ACRES, MORE OR LESS.