RESOLUTION NO: 3-09

A RESOLUTION FINDING AN ANNEXATION PETITION SUBMITTED BY RANDY AND JESSICA WOLF TO ANNEX APPROXIMATELY 2.414 ACRES SUBSTANTIALLY COMPLIES WITH THE REQUIREMENTS OF SECTION 31-12-107(1), C.R.S. AND SETTING A PUBLIC HEARING ON THE PETITION TO CONSIDER ANNEXATION OF THE PROPERTY.

WHEREAS, C.R.S. § 31-12-101 et seq., the Municipal Annexation Act of 1965 (“the Act”) provides that a municipality may accept petitions for annexation of property upon finding substantial compliance of the petitions with the Act and annex such properties separately or in a series considered together; and

WHEREAS, the Town of Berthoud has received a Petition for Annexation, which Petition is attached hereto as Exhibit A and incorporated herein, to annex the property described in said Petition to the Town of Berthoud; and

WHEREAS, the Board of Trustees of the Town of Berthoud finds the Petition to be in substantial compliance with the requirements of C.R.S. § 31-12-107(1) ; and

WHEREAS, the Board of Trustees of the Town of Berthoud must set a public hearing to determine if the proposed annexation complies with the Act and the Berthoud Development Code.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF BERTHOUD, LARIMER AND WELD COUNTIES, COLORADO THAT:

Section 1. The Board of Trustees of the Town of Berthoud finds that the Petition for Annexation attached as Exhibit A, is in substantial compliance with the requirements of Section 31-12-107(1), C.R.S. and Chapter 30-8 of the Town’s Development Code and the annexation proceedings to consider the annexation of the properties described therein to the Town of Berthoud have been initiated.

Section 2. A public hearing is set for a regular meeting of the Board of Trustees of the Town of Berthoud on May 26, 2009 at 7:00 p. m. at the Berthoud Town Hall, 328 Massachusetts Avenue, Berthoud, Colorado to determine if the proposed annexation complies with the Municipal Annexation Act of 1965 and the Berthoud Municipal Code, and determine whether the property will be annexed to the Town of Berthoud.

Section 3. The Town Clerk shall give such notice as required by law and the Town staff shall develop and deliver any annexation impact report as required by law.

This resolution was passed by a vote of __7__ in favor and __0__ opposed at the regular meeting of the Board of Trustees on the 14th day of April, 2009.

TOWN OF BERTHOUD:
T. P. Patterson, Mayor

ATTEST:
Mary K. Cowdin, Town Clerk

LGLB2009-21

Published in the Berthoud Recorder

April 23, 30, May 7, 14 & 21, 2009

EXHIBIT A

WOLF ANNEXATION PETITION

PROPERTY DESCRIPTION – WOLF ANNEXATION

That portion of the Southwest Quarter of Section 13, Township 4 North, Range 69 West of the 6th Principal Meridian, County of Larimer, State of Colorado, more particularly described as follows: Being Lot 1, Nordhougen M. L.D. No. OJ-SI877, Larimer County, Colorado and a portion of the Southwest Quarter of Section 13, Township 4 North, Range 69 West of the 6th P. M., County of Larimer, State of Colorado being more particularly described as follows; Considering the West line of the Southwest Quarter of said Section 13 as bearing South 00°00’43” West and with all bearings contained herein relative thereto; Beginning at the Northwest corner of the Southwest Quarter of said Section 13; thence along the West line of the Southwest Quarter of said Section 13 South 00°00’43” West 820.11 feet to a point on the Westerly prolongation of the North line of said Lot 1, Nordhougen M. L.D. and the TRUE POINT -OF BEGINNING; thence continuing along said West line of the Southwest Quarter of said Section 13 South 00°00’43” West 170.00 feet to a point on the Westerly prolongation of the South line of said Lot I, Nordhougen M. L.D. ; said point also being a point on the Westerly prolongation of the North line of Peakview Meadows Subdivision to the Town of Berthoud, County of Larimer, State of Colorado; thence departing said West line of the Southwest Quarter of said Section 13 and along said Westerly prolongation of the South line of said Lot 1, Nordhougen M. L.D. and along said Westerly prolongation of the North line of said Peakview Meadows Subdivision and along the North line of said Peakview Meadows Subdivision South 89°31’ 17” East 619.35 feet to the Southeast comer of said Lot 1, Nordbougen M. L.D. ; thence departing said North line of said Peakview Meadows Subdivision and along the East line of said Lot I, Nordhougen M. L.D. North 00°00’43” East 170.00 to the Northeast corner of said Lot 1, Nordhougen M. L.D. ; thence along the North line of said Lot 1, Nordhougen M. L.D. and along the Westerly prolongation of the North line of said Lot I, Nordhougen M. L.D. North 89°3 l’ 1 7” West 619.3 5 feet to a poi nt on the West line of the Southwest Quarter of said Section 13 and the TRUE POINT OF BEGINNING. The above described parcel contains 2.417 acres, more or less, and is subject to any existing easements and/or rights of way of record.