ORDINANCE NO. 30-2013 Series of 2013 AN ORDINANCE ANNEXING THE GOLDEN RUN PROPERTY, PURSUANT TO THE PETITION OF THE OWNER THEREOF, TO BE KNOWN AS THE GOLDEN RUN ANNEXATION TO THE TOWN OF ERIE, COLORADO; PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE; AND, SETTING FORTH DETAILS IN RELATION THERETO. WHEREAS, a Petition for Annexation ("Petition") has been filed by Aaron Harber, dated May 8, 2013, 2500 North 119th Street, Lafayette, Colorado, 80026, for the annexation to the Town of the following described real property ("Annexation Property"), to wit: See "Exhibit A," attached hereto and incorporated herein by this reference. WHEREAS, a public hearing was held on said Petition pursuant to statute on September 24, 2013; and WHEREAS, the Board of Trustees by Resolution determined that the applicable parts of C.R.S. 31 12 104 and 31-12-105 have been met, that an election is not required under C.R.S. 31-12-107(2), and that no additional terms and conditions are to be imposed; and WHEREAS, it is the opinion of the Board of Trustees that it is desirable and necessary that the described Annexation Property be annexed to the Town of Erie, Colorado; and NOW, THEREFORE, BE IT ORDAINED by the Board of Trustees of the Town of Erie, Colorado as follows: Section 1. The above described Annexation Property is hereby annexed to and included within the town limits of the Town of Erie, Colorado. Section 2. The proposed annexation is consistent with the Town of Erie Three Mile Annexation Plan. Section 3. The Mayor and Town Clerk are authorized and directed to complete all the necessary procedures and sign all necessary documents required for annexation of said Annexation Property to the Town including filing the required certified copies of the annexation ordinance and a map of the area to be annexed containing a legal description of such area with the Boulder County Clerk and Recorder. Section 4. The annexation of the Annexation Property is subject to the condition that Aaron Harber and the Town shall execute an Annexation Agreement satisfactory to both parties. If Harber and the Town do not execute an Annexation Agreement satisfactory to both parties on or prior to November 12, 2013, then Harber may withdraw the annexation petition by delivering written notice to the Town and, at his option, also may disconnect the owner's property as such property is described on Exhibit B, attached hereto and incorporated herein by this reference ("Owner's Property"), and the Town will support said disconnection to the extent allowed by law. The November 12, 2013 deadline may be extended by Harber by written notice to the Town. No zoning of the Annexation Property by the Town shall occur until the parties execute the Annexation Agreement referred to herein. Section 5. Zoning of the Property. Requested zoning for the Annexation Property is 'PD' - Planned Development. Zoning shall be accomplished by separate ordinance whose effective date shall not be sooner than the effective date of this annexation ordinance. Section 6. Severance Clause. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of the Ordinance. The Board of Trustees hereby declares that it would have passed the ordinance including each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more parts, sections, subsections, sentence, clauses or phrases be declared invalid. Section 7. Repeal. All other ordinances, or parts of any ordinances or other Code provisions in conflict herewith are hereby repealed. The repeal established herein shall not be construed to revive any ordinance Code provision or part thereof that had been previously repealed by any ordinance which is repealed by this Ordinance. Section 8. Effective Date. This ordinance shall take effect thirty (30) days after publication following final passage. INTRODUCED, PASSED, ADOPTED AND APPROVED AND ORDERED PUBLISHED IN FULL BY THE BOARD OF TRUSTEES OF THE TOWN OF ERIE THIS 8TH DAY OF OCTOBER, 2013. PUBLISHED IN FULL ON THE 16TH DAY OF OCTOBER, 2013. TOWN OF ERIE, COLORADO A Colorado Municipal Corporation /s/: Joseph A. Wilson, Mayor /s/: Nancy J. Parker, Town Clerk EXHIBIT A PARCEL OF LAND TO BE ANNEXED TO THE TOWN OF ERIE BEING THE NORTH ONE-HALF OF SECTION 25, TOWNSHIP 1 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF BOULDER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEARINGS ARE BASED UPON THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 25 BEARING S 89° 42'48"E BETWEEN THE NORTHWEST CORNER OF SAID SECTION 25 AND THE NORTH QUARTER CORNER OF SAID SECTION 25 AS DESCRIBED AND SHOWN HEREON. COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 25; THENCE S 89°42'48" E ALONG THE NORTH LINE OF SAID NORTHWEST A DISTANCE OF 30.01 FEET TO THE POINT OF BEGINNING; THENCE S 89° 42'48" E ALONG THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER A DISTANCE OF 2652.86 FEET; THENCE S 89° 31'35" E THE NORTH LINE OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 2651.27 FEET; THENCE S 00° 40'03" E ALONG THE WEST BOUNDARY OF COUNTY LINE ROAD A DISTANCE OF 2673.76 FEET; THENCE N 89° 42'44" W ALONG THE SOUTH LINE OF THE NORTH ONE-HALF OF SAID SECTION 25 A DISTANCE OF 5379.95 FEET; THENCE N 00° 19'36" W ALONG THE WEST BOUNDARY OF 119TH STREET A DISTANCE OF 1341.01 FEET; THENCE S 88° 33'50" E ALONG THE NORTH LINE OF SAID NORTHWEST A DISTANCE OF 60.01 FEET THENCE N 00° 19'36" W ALONG THE EAST BOUNDARY OF 119TH STREET A DISTANCE OF 1341.08 TO THE POINT OF BEGINNING; CONTAINING 328.38 ACRES MORE OR LESS EXHIBIT B PARCEL OF LAND TO BE ANNEXED TO THE TOWN OF ERIE BEING THE NORTH ONE-HALF OF SECTION 25, TOWNSHIP 1 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF BOULDER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEARINGS ARE BASED UPON THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 25 BEARING S 89° 42'48"E BETWEEN THE NORTHWEST CORNER OF SAID SECTION 25 AND THE NORTH QUARTER CORNER OF SAID SECTION 25 AS DESCRIBED AND SHOWN HEREON. COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 25; THENCE S 89° 42'48" E A DISTANCE OF 30.01 FEET TO THE POINT OF BEGINNING; THENCE S 89° 42'48" E ALONG THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER A DISTANCE OF 2652.86 FEET; THENCE S 89° 31'35" E THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER A DISTANCE OF 2651.27 FEET; THENCE S 00° 40' 03" E ALONG THE WEST BOUNDARY OF COUNTY LINE ROAD A DISTANCE OF 2673.76 FEET; THENCE N 89° 42'44" W ALONG THE SOUTH LINE OF THE NORTH ONE-HALF OF SAID SECTION 25 A DISTANCE OF 5319.95 FEET; THENCE N 00° 19'36" W ALONG THE WEST BOUNDARY OF 119TH STREET A DISTANCE OF 2681.59 FEET TO THE POINT OF BEGINNING; CONTAINING 326.50 ACRES MORE OR LESS Published: Colorado Hometown Weekly on Oct.16, 2013 Ad #5603073 - See more at: http://frontrange.kaango.com/ad-ordinance-no-30-2013-series-of-2013-an-ordinance-annexing-the-golden-run-property-pursuant-to-the/22494925#sthash.eIZuV66o.X2X7DOAa.dpuf

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Annexation Ordinance