TOWN OF BLUE RIVER, COLORADO RESOLUTIO80424 | 01/08/2021 | Ad id: 8-0000648453-01
TOWN OF BLUE RIVER, COLORADO
A RESOLUTION OF THE BOARD OF
TRUSTEES OF THE TOWN OF BLUE RIVER, COLORADO ACCEPTING AN ANNEXATION
PETITION, MAKING CERTAIN FINDINGS OF FACT, FINDING SUBSTANTIAL COMPLIANCE FOR SUCH PETITION, AND SETTING A PUBLIC HEARING FOR PROPERTY KNOWN AS THE TURNER ANNEXATION
WHEREAS, the Board of Trustees of the Town of Blue River, Colorado has received and examined the filings and a Petition for Annexation requesting the annexation of certain real estate more fully described in said petition and in Exhibit 1 ("Turner Annexation") which exhibit is attached to this Resolution and is incorporated herein by reference (collectively, the "Property"); and
WHEREAS, the Property, as more particularly described in the Petition for Annexation, is owned by Jill and Merle Turner ("Petitioners"); and
WHEREAS, said Petition for Annexation ("Petition") has been filed of record with the Town Clerk of the Town of Blue River, State of Colorado, and
WHEREAS, the Board of Trustees finds as follows:
1. That the Petition contains the following:
(a) An allegation that the requirements of C.R.S.
§§ 31-12-104 and 31-12-105 exist or are met.
(b) An allegation that the signers of the Petition, together with owner(s) submitting other valid petitions for annexation to the Town, comprise more than fifty percent (50%) of the landowners of the area proposed to be annexed and own more than fifty percent (50%) of the area proposed to be annexed, exclusive of public streets and alleys and any land owned by the Town of Blue River.
(c) A request that the Town of Blue River approve the annexation of the Property.
(d) The signature of the landowners that executed the petition.
(e) The mailing address of the landowners.
(f) The legal description of the Property and a legal description of the specific real property owned by the landowners that executed the petition.
(g) The date that the landowners executed the petition.
(h) The affidavit of petition circulator(s); stating that the signature of each landowner therein is the signature of the person whose name it purports to be.
2. That four (4) copies of the annexation maps corresponding to the Property have been submitted to the Town with the Petition, and that the annexation maps contain the following information:
(a) A written legal description of the boundaries of the Property proposed to be annexed.
(b) A map showing the boundary of the Property proposed to be annexed.
(c) Within the map, the boundaries and the plat numbers of plots or of lots and blocks.
(d) Next to the boundary of the Property proposed to be annexed is drawn the contiguous boundary of the Town of Blue River.
3. That no signature on the Petition is dated more than one hundred eighty (180) days prior to the date of filing of the Petition for Annexation with the Town Clerk of the Town of Blue River, Colorado.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Blue River, Colorado as follows:
Section 1. That the foregoing recitals and findings are incorporated herein as findings and conclusions of the Board of Trustees.
Section 2. That the Petition for Annexation to the Town of Blue River of the Property commonly referred to as the "Turner Annexation," which Petition was officially filed of record with the Town Clerk of the Town of Blue River on or prior to August 20, 2020, substantially comply with the requirements of C.R.S. § 31-12-107(1).
Section 3. No election is required under C.R.S. § 31-12-107(2).
Section 4. No additional terms and conditions are to be imposed except as provided in the Petition for Annexation and in any annexation agreements which may be entered into by and between the Town of Blue River and each petitioner, which are not to be considered additional terms and conditions within the meaning of §31-12-112, C.R.S.
Section 5. That a public hearing shall be held on the 16th day of February, 2021, at 6:00 p.m. or as soon as thereafter the matter may be heard at a location or by a remote meeting method such as Zoom or other virtual meeting platform identified in the public notices published in the local newspaper preceding the date of the hearing in accordance with C.R.S § 31-12-108 for the purpose of determining and finding whether the proposed annexation complies with section 30 of article II of the Colorado Constitution and the applicable provisions of C.R.S. §§ 31-12-104 and 31-12-105.
Section 6. Any person may appear at such hearing and present evidence pertaining to the eligibility of the proposed annexation of the Property to the Town of Blue River.
Section 7. Following approval of this Resolution by the Board of Trustees on December 15, 2020, this resolution shall be effective on December 30, 2020.
ADOPTED at a regular meeting of the Board of Trustees the 15th day of December, 2020.
Published in the Summit County Journal on January 8, 15, 22 and 29, 2021. 0000648453