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HomeMy WebLinkAboutRESOLUTION 093-25RESOLUTION 93-25 FINDING A PARCEL OF LAND KNOWN AS RIVERSIDE DRIVE TOWNHOMES ANNEXATION ELIGIBLE FOR ANNEXATION WHEREAS, the Town Board of Trustees of the Town of Estes Park, 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 has provided notice of public hearing on the proposed annexation by publication once per week for four successive weeks and by registered mail to Board of County Commissioners, the County Attorney, the school district, and to any special district having territory in the area proposed to be annexed;and WHEREAS, the Board of Trustees has completed a public hearing to determine if the proposed annexation complies with article II, section 30 of the Colorado Constitution and sections 31-12-104 and -105 of the Colorado Revised Statutes, to establish eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. The Town 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 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 the territory proposed to be annexed is integrated or is capable of being integrated within the Town. Section 2. The Town Board of Trustees hereby finds and determines that no land held in identical ownership has been divided or included as part of the territory proposed for annexation 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 boundaries of the area to be annexed the entire width of any street or alley is included within the area to be annexed. The proposed annexation would accomplish the annexation of any and all platted streets within the area to be annexed. Section 3. An election is not required. Section 4. Additional terms or conditions will not be imposed under section 31-12- 112, C.R.S., upon the area to be annexed. Section 5: The proposed annexation meets the applicable parts of sections 31-12- 104 and -105, C.R.S., and is therefore eligible for annexation. Section 6: The petitioner and the Town will set forth mutually understood obligations of the owner of the land proposed to be annexed via an annexation agreement to be prepared for the Board's consideration prior to the adoption of any ordinance to annex the property. DATED this 28th day of October, 2025. ATTEST: ^-.,7^- •^T€vSwt\efK,6^^ TOWN OF ESTES PARK Mayor APPROVED AS TO FORM: Town Attorney Exhibit A THAT PART OF LOT 7, SUMMER VILLA, A SUBDIVISION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 5 NORTH, RANGE 73 WEST OF THE 6TH P.M., LYING WEST AND NORTH OF COUNTY ROAD AS NOW LOCATED AND RUNNING THRU SAID SUBDIVISION, EXCEPT PORTIONS CONTAINED IN BOOK 850 AT PAGE 194 AND BOOK 1741 AT PAGE 701, COUNTY OF LARIMER, STATE OF COLORADO. SAID PARCEL OF LAND CONTAINS 2.621 ACRES, MORE OR LESS.