HomeMy WebLinkAboutORDINANCE 07-13C C)
ORDINANCE NO.07-13
AN ORDINANCE APPROVING THE ANNEXATION
OF CERTAIN TERRITORY TO THE
TOWN OF ESTES PARK,COLORADO,
TO BE KNOWN AND DESIGNATED AS
FALL RIVER ADDITION 12,13,14,15,16,17 18 AND 19 ADDITION
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK,COLORADO:
Section 1.That a Petition for Annexation,together with four (4)copies of the plat of
said area as required by law,was filed with the Board of Trustees on the 28°day of
January,2013 by the landowners of one hundred percent (100%)of the area and owning
one hundred percent (100%)of the area,excluding public streets and alleys of the area
hereinafter described.The Board,by Resolution at its regular meeting on the 23 day of
A2!i!2013,accepted said Petition and found and determined that the provisions of
Section 31-12-107(1),C.R.S.,were met;and the Board further determined that the Town
Board should consider the annexation plat on Tuesday,May 28,2013 at 7:00 p.m.in the
Municipal Building for the purposes of determining that the proposed annexation complies
with the applicable provisions of Sections 31-12-104 and 31-12-105,C.R.S.,and is
considered eligible for annexation.
Section 2.That the Notice of said hearing was given and published as provided in
Section 31-12-108(2),C.R.S.
Section 3.That the hearing was held pursuant to the provisions of Section 31-12-
109,C,R.S.,on the 28ttidayof May,2013.
Section 4.That following said hearing,the Board of Trustees adopted a Resolution
determining that the proposed annexation met the requirements of the applicable parts of
Sections 31-12-104 and 31-12-105,C.R.S.;that an election was not required under
Section 31-12-107(2),C.R.S.;and that no additional terms or conditions are to be imposed
upon said annexation.
Section 5.That the annexation of the following described area designated as
FALL RIVER ADDITION 12,13,14,15,16,17 18 AND 19 ADDITION to the Town of
Estes Park,Colorado,is hereby approved:
LEGAL DESCRIPTION FOR FALL RIVER TWELFTH ANNEXATION:
A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 16,T5N,R73W OF THE 6TH PRIME MERIDIAN,COUNTY OF
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LARIMER,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A 2.5”BRASS CAP ON A 1”PIPE MARKING THE NORTHWEST
CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16,
T5N,R73W AND DATED 1926 BY ROCKY MOUNTAIN NATIONAL PARK,SAID
POINT BEING THE POINT OF COMMENCEMENT,WITH ALL BEARINGS RELATIVE
TO THE WESTERLY LINE OF SAID SOUTHWEST 1/4 ASSUMED AS BEARING
SOUTH 00°37’OO”WEST A DISTANCE OF 1281.04 TOA2.5”BRASS CAPPED PIPE
MARKING THE SOUTHWEST CORNER OF THE SAID SOUTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 16;THENCE NORTH 00°37’OO”EAST A DISTANCE
OF 260.0 FEET TO A #5 REBAR WITH A 1.5”ALUMINUM CAP MARKED LS 29415
ON THE SOUTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD AS DESCRIBED
IN BOOK 914 AT PAGE 213 DATED 6/26/1951,SAID POINT BEING THE TRUE
POINT OF BEGINNING;THENCE NORTH 0°37’OO”EAST 60.95 FEET TO A POINT
ON THE NORTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD;THENCE
SOUTH 79°18’OO”EAST 172.47 FEET ALONG SAID NORTHERLY RIGHT OF WAY;
THENCE SOUTH 8002014711 WEST 172.51 FEET TO THE POINT OF BEGINNING.
SAID TRACT CONTAINS 5,172.19 SQUARE FEET (0.12 ACRES)MORE OR LESS,
AND IS SUBJECT TO ALL RECORDED EASEMENTS AND RIGHTS OF WAY OF
RECORD,COUNTY OF LARIMER,STATE OF COLORADO.
LEGAL DESCRIPTION FOR FALL RIVER THIRTEENTH ANNEXATION:
A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 16,T5N,R73W OF THE 6TH PRIME MERIDIAN,COUNTY OF
LARIMER,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A 2.5”BRASS CAP ON A 1”PIPE MARKING THE NORTHWEST
CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16,
TSN,R73W AND DATED 1926 BY ROCKY MOUNTAIN NATIONAL PARK,SAID
POINT BEING THE POINT OF COMMENCEMENT,WITH ALL BEARINGS RELATIVE
TO THE WESTERLY LINE OF SAID SOUTHWEST 114 ASSUMED AS BEARING
SOUTH 00°37’OO”WEST A DISTANCE OF 1281.04 TO A 2.5”BRASS CAPPED PIPE
MARKING THE SOUTHWEST CORNER OF THE SAID SOUTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 16;THENCE NORTH 00037b00h1 EAST A DISTANCE
OF 260.0 FEET TO A #5 REBAR WITH A 1.5”ALUMINUM CAP MARKED LS 29415
ON THE SOUTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD AS DESCRIBED
IN BOOK 914 AT PAGE 213 DATED 6/26/1951,SAID POINT BEING THE TRUE
POINT OF BEGINNING;THENCE NORTH 80°20’47”EAST 172.51 FEET TO A POINT
ON THE NORTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD;THENCE
SOUTH 79°18’OO”EAST 310.32 FEET ALONG SAID NORTHERLY RIGHT OF WAY;
THENCE NORTH 86°32’37”WEST 475.91 FEET TO THE POINT OF BEGINNING.
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SAID TRACT CONTAINS 9,309.65 SQUARE FEET (0.21 ACRES)MORE OR LESS,
AND IS SUBJECT TO ALL RECORDED EASEMENTS AND RIGHTS OF WAY OF
RECORD,COUNTY OF LARIMER,STATE OF COLORADO.
LEGAL DESCRIPTION FOR FALL RIVER FOURTEENTH ANNEXATION:
A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 16,T5N,R73W OF THE 6TH PRIME MERIDIAN,COUNTY OF
LARIMER,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:COMMENCING AT A 2.5”BRASS CAP ON A 1”PIPE MARKING THE
NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF
SECTION 16,T5N,R73W AND DATED 1926 BY ROCKY MOUNTAIN NATIONAL
PARK,SAID POINT BEING THE POINT OF COMMENCEMENT,WITH ALL
BEARINGS RELATIVE TO THE WESTERLY LINE OF SAID SOUTHWEST 1/4
ASSUMED AS BEARING SOUTH 00°37’OO”WEST A DISTANCE OF 1281.04 TO A
2.5”BRASS CAPPED PIPE MARKING THE SOUTHWEST CORNER OF THE SAID
SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16;THENCE NORTH
00°37’OO”EAST A DISTANCE OF 260.0 FEET TO A #5 REBAR WITH A 1.5”
ALUMINUM CAP MARKED LS 29415 ON THE SOUTHERLY RIGHT OF WAY OF
FISH HATCHERY ROAD AS DESCRIBED IN BOOK 914 AT PAGE 213 DATED
6/26/1 951,SAID POINT BEING THE TRUE POINT OF BEGINNING;THENCE SOUTH
86°32’37”EAST 475.91 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY
OF FISH HATCHERY ROAD;THENCE SOUTH 79°18’OO”EAST 103.70 FEET ALONG
SAID RIGHT OF WAY;THENCE NORTH 80°55’OO”EAST 309.19 FEET ALONG SAID
RIGHT OF WAY;THENCE SOUTH 79°10’47”WEST 460.25 FEET TO A POINT ON
THE SOUTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD;THENCE NORTH
81°02’OO”WEST 273.82 FEET ALONG SAID RIGHT OF WAY;THENCE NORTH
79°18’OO”WEST 576.66 FEET TO THE POINT OF BEGINNING.
SAID TRACT CONTAINS 43,139.80 SQUARE FEET (0.99 ACRES)MORE OR LESS,
AND IS SUBJECT TO ALL RECORDED EASEMENTS AND RIGHTS OF WAY OF
RECORD,COUNTY OF LARIMER,STATE OF COLORADO.
LEGAL DESCRIPTION FOR FALL RIVER FIFTEENTH ANNEXATION:
A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 16,T5N,R73W OF THE 6TH PRIME MERIDIAN,AND A PORTION OF
THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 16,COUNTY OF
LARIMER,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A 2.5”BRASS CAP ON A 1”PIPE MARKING THE NORTHWEST
CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16,
T5N,R73W AND DATED 1926 BY ROCKY MOUNTAIN NATIONAL PARK,SAID
POINT BEING THE POINT OF COMMENCEMENT,WITH ALL BEARINGS RELATIVE
TO THE WESTERLY LINE OF SAID SOUTHWEST 1/4 ASSUMED AS BEARING
SOUTH 00°37’OO”WEST A DISTANCE OF 1281.04 TO A 2.5”BRASS CAPPED PIPE
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MARKING THE SOUTHWEST CORNER OF THE SAID SOUTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 16;THENCE NORTH 00°37’OO”EAST A DISTANCE
OF 260.0 FEET TO A #5 REBAR WITH A 1.5”ALUMINUM CAP MARKED LS 29415
ON THE SOUTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD AS DESCRIBED
IN BOOK 914 AT PAGE 213 DATED 6/26/1951;THENCE SOUTH 79°18’OO”EAST
576.66 FEET ALONG SAID RIGHT OF WAY;THENCE SOUTH 81°02’OO”EAST
273.82 FEET TO A POINT ON SAID SOUTHERLY RIGHT OF WAY.SAID POINT
BEING THE TRUE POINT OF BEGINNING;THENCE NORTH 79°10’47”EAST 460.25
FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF FISH HATCHERY
ROAD;THENCE NORTH 88°22’OO”EAST 548.63 FEET ALONG SAID RIGHT OF
WAY;THENCE SOUTH 01 °35’20”EAST 60 FEET TO A POINT ON THE SOUTHERLY
RIGHT OF WAY OF FISH HATCHERY ROAD;THENCE SOUTH 88°22’OO”WEST
544.67 FEET ALONG SAID RIGHT OF WAY;THENCE SOUTH 80°55’OO”WEST
314.81 FEET ALONG SAID RIGHT OF WAY;THENCE NORTH 81°02’07”WEST
148.63 FEET TO THE POINT OF BEGINNING.
SAID TRACT CONTAINS 53,821.41 SQUARE FEET (1.24 ACRES)MORE OR LESS,
AND IS SUBJECT TO ALL RECORDED EASEMENTS AND RIGHTS OF WAY OF
RECORD,COUNTY OF LARIMER,STATE OF COLORADO.
LEGAL DESCRIPTION FOR FALL RIVER SIXTEENTH ANNEXATION:
A TRACT OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4
AND THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16,T5N,R73W
OF THE 6TH PRIME MERIDIAN,COUNTY OF LARIMER,STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A 2.5”BRASS CAP ON A 1”PIPE MARKING THE NORTHWEST
CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16,
T5N,R73W AND DATED 1926 BY ROCKY MOUNTAIN NATIONAL PARK,SAID
POINT BEING THE TRUE POINT OF BEGINNING,WITH ALL BEARINGS RELATIVE
TO THE WESTERLY LINE OF SAID SOUTHWEST 1/4 ASSUMED AS BEARING
SOUTH 00°37’OO”WEST A DISTANCE OF 1281.04 TO A 2.5”BRASS CAPPED PIPE
MARKING THE SOUTHWEST CORNER OF THE SAID SOUTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 16;THENCE NORTH 00°37’OO”EAST A DISTANCE
OF 260.0 FEET TO A #5 REBAR WITH A 1.5”ALUMINUM CAP MARKED LS 29415
ON THE SOUTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD AS DESCRIBED
IN BOOK 914 AT PAGE 213 DATED 6/26/1951;THENCE SOUTH 79°18’OO”EAST
576.66 FEET ALONG SAID RIGHT OF WAY;THENCE SOUTH 81°02’OO”EAST
273.82 FEET TO A POINT ON SAID SOUTHERLY RIGHT OF WAY;THENCE SOUTH
00°09’41”WEST 102.78’LEAVING SAID RIGHT OF WAY TO A #5 REBAR WITH 1.5”
ALUMINUM CAP MARKED LS 29415 ON THE NORTHERLY SECTION LINE
SEPARATING THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE SOUTH
WEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 16;THENCE NORTH
89°29’27”EAST 457.24 FEET TO A 2.5”BRASS CAP ON A 1”PIPE MARKING THE
NORTHWEST CORNER OF SOUTHWEST 1/4 OF SOUTHEAST 1/4 OF SAID
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SECTION 16;THENCE SOUTH 0O058l53l WEST 10’FEET TO A POINT ON THE
EASTERLY SECTION LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF
SAID SECTION 16;THENCE SOUTH 89°29’27”WEST 1296.89 FEET TO A POINT
ON THE EASTERN SECTION LINE OF SAID SOUTHWEST 1/4;THENCE NORTH
000371001 EAST 10 FEET TO THE TRUE POINT OF BEGINNING.
SAID TRACT CONTAINS 162,760.27 SF (3.74 ACRES)MORE OR LESS,AND IS
SUBJECT TO ALL RECORDED EASEMENTS AND RIGHTS OF WAY OF RECORD,
COUNTY OF LARIMER,STATE OF COLORADO.
LEGAL DESCRIPTION FOR FALL RIVER SEVENTEENTH ANNEXATION:
A TRACT OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 16,T5N,R73W OF THE 6TH PRIME MERIDIAN,COUNTY OF
LARIMER,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A 2.5”BRASS CAP ON A 1”PIPE MARKING THE NORTHWEST
CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16,
T5N,R73W AND DATED 1926 BY ROCKY MOUNTAIN NATIONAL PARK,SAID
POINT BEING THE POINT OF COMMENCEMENT,WITH ALL BEARINGS RELATIVE
TO THE WESTERLY LINE OF SAID SOUTHWEST 1/4 ASSUMED AS BEARING
SOUTH 00°37’OO”WEST A DISTANCE OF 1281.04 TO A 2.5”BRASS CAPPED PIPE
MARKING THE SOUTHWEST CORNER OF THE SAID SOUTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 16;THENCE SOUTH 00°37’OO”WEST A DISTANCE
OF 10 FEET TO A POINT ON THE WESTERLY SECTION LINE OF SAID
SOUTHWEST 1/4,SAID POINT BEING THE TRUE POINT OF BEGINNING;THENCE
NORTH 89°29’27°EAST 1296.69 FEET TO A 2.5”BRASS CAP ON A 1”PIPE
MARKING THE NORTHEAST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTH
EAST 1/4;THENCE SOUTH 0005815311 WEST 1283.57’FEET TO A 2.5”BRASS CAP
ON A 1”PIPE MARKING THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4 OF
THE SOUTHEAST 1/4;THENCE NORTH 89°57’36”WEST 1288.94 FEET TO A 2.5”
BRASS CAP ON A 1”PIPE MARKING THE SOUTHWEST CORNER OF SAID
SOUTHWEST 1/4 OF THE SOUTHEAST 1/4;THENCE N 00°37’OO”EAST 1271.04
FEET TO THE TRUE POINT OF BEGINNING.
SAID TRACT CONTAINS 1,651,108.80 SF (37.9 ACRES)MORE OR LESS,AND IS
SUBJECT TO ALL RECORDED EASEMENTS AND RIGHTS OF WAY OF RECORD,
COUNTY OF LARIMER,STATE OF COLORADO.
LEGAL DESCRIPTION FOR FALL RIVER EIGHTEENTH ANNEXATION:
A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 16,T5N,R73W OF THE 6TH PRIME MERIDIAN,COUNTY OF
LARIMER,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
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COMMENCING AT A 2.5”BRASS CAP ON A 1”PIPE MARKING THE NORTHWEST
CORNER OF THE SOUTHWEST 114 OF THE SOUTHEAST 1/4 OF SECTION 16,
T5N,R73W AND DATED 1926 BY ROCKY MOUNTAIN NATIONAL PARK,SAID
POINT BEING THE POINT OF COMMENCEMENT,WITH ALL BEARINGS RELATIVE
TO THE WESTERLY LINE OF SAID SOUTHWEST 1/4 ASSUMED AS BEARING
SOUTH 00037000 WEST A DISTANCE OF 1281.04 TO A 2.5”BRASS CAPPED PIPE
MARKING THE SOUTHWEST CORNER OF THE SAID SOUTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 16;THENCE NORTH 00°37’OO”EAST A DISTANCE
OF 320.94 FEET ALONG SAID WESTERLY SECTION LINE TO A POINT ON THE
NORTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD AS DESCRIBED IN
BOOK 914 AT PAGE 213 DATED 6/26/1 951,SAID POINT BEING THE TRUE POINT
OF BEGINNING;THENCE NORTH 00°37’OO”EAST 31.25 FEET ALONG SAID
WESTERLY SECTION LINE TO A 1.5”ALUMINUM CAP ON A #5 REBAR MARKED
LS 29415;THENCE SOUTH 85°43’OO”EAST 288.43’FEET #4 REBAR WITH YELLOW
PLASTIC CAP MARKED LS 26974;THENCE SOUTH 35°29’OO”WEST 69.40 FEET
TO A POINT ON THE NORTHERLY RIGHT OF WAY OF FISH HATCHERY ROAD;
THENCE NORTH 79°18’OO”WEST 252.12 FEET TO THE TRUE POINT OF
BEGINNING.
SAID TRACT CONTAINS 12,440.28 SF SF (8.6 ACRES)MORE OR LESS,AND IS
SUBJECT TO ALL RECORDED EASEMENTS AND RIGHTS OF WAY OF RECORD,
COUNTY OF LARIMER,STATE OF COLORADO.
LEGAL DESCRIPTION FOR FALL RIVER NINETEENTH ANNEXATION:
RIVERS EDGE CONDOMINIUMS,LOCATED IN THE SOUTHEAST 1/4 OF SECTION
16,TOWNSHIP 5 NORTH,RANGE 73 WEST,6PM,LARIMER COUNTY,COLORADO,
RECORDED AT RECEPTION NO.2006-0030654 DATED 4/26/2006 IN THE RECORDS
OF THE LARIMER COUNTY CLERK AND RECORDER.
SAID TRACT CONTAINS 3.505 ACRES MORE OR LESS,AND IS SUBJECT TO ALL
RECORDED EASEMENTS AND RIGHTS OF WAY OF RECORD,COUNTY OF
LARIMER,STATE OF COLORADO.
Section 6.The Town of Estes Park,Colorado,hereby consents,pursuant to
Section 37-45-136(3.6)C.R.S.,to the inclusion of lands described above into the Northern
Colorado Water Conservancy District and the Municipal SubDistrict,Northern Colorado
Water Conservancy District.
Section 7.Development Plan DP 2013-01 ‘Harmony Foundation Master Concept
Plan’approval and property vesting shall be valid through May 28 2033.Phases II and
Ill shall submit development plans for staff-level review and approval prior to issuance
of building permits.Such development plan review shall verify the proposed
development complies with the Harmony Foundation Master Plan and applicable
regulations of the Estes Valley Development Code.
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Section 8.This Ordinance shall take effect and be enforced thirty (30)days after its
adoption and publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO,THIS 8’DAY OF
_______,
2013.
TOW/JOFES7,SPARK/)
.1)
0<ayorATTh7cou/
j -.TØ Clerk
I hereby certify that the above Ordinance was introduced and read at a regular
meeting of the Board of Trustees on the day of
_________________
2013 and
published in a newspaper of general circulation in the Town of Estee Park,Colorado,on
the 3\5r day of
______________________,
2005,all as required by the Statutes of
the State of Colorado.
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