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HomeMy WebLinkAbout1974 Resolution No. 010.. - • • • RESOLUTION NO. /Q , SERIES OF 1974 A RESOLUT I ON MAK I NG CEJ<'fAlN 1'1 INDINGS AND DETERMINATIONS RELATING TO ANNEXATION PROCEDURE AFTER REQUIRED HEARING. WHEREAS, the City of Englewood, Colorado conunenced proceedings for annexation of land totaling 183 acres, more or ,less; and WHEREAS, the Colorado Municipal Annexation Act of 1965, as amended, requires the annexing municipality to hold a hearing and make certain findings, conclusions and determinations; and WHEREAS, due notice as required by said statute has been given for said hearing. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF El«:LEWOOD, COLORADO, as follows: Section 1 • That the City Council of the City of Englewood, finds, concludes and determines that the applicable requirements of Section 4 of the Municipal Annexation Act of 1965, as amended, have been met and that the territory to be annexed is eligible for annexation to and by the City of Englewood. In making its conclusion and determination, the City Council has reviewed all the evidence, testimony and exhibits presented at that certain public hearing held on September 10, 197 ; all exhibits offered at a hearing held in the District Court in and for the 18th Judicial District before the Honorable Harvin W. Foote, District Judge; and data relating to all matters in connection with the annexation. As a result thereof, and in compliance with the Order of the District Court, and having resolved any conflicts in the evidence and data presented, the following specifi.c findings are made: .. "' ~ -1-..... . . • • • 1. '11lat more than a two-thirds contiguity for not 1 cas thnn thrC'<' yl~:arH l'X Ju tH he tween the present boundaries of Englewood, Colorado and the then proposed newly annexed area. The City Council specifically finds that there is 69.8841. contiguity based upon the testimony of the City Eng- ineer and after review of all maps, deeds and other data used in drawing said boundaries on an illustrated annexation map. 2. No land area of 20 acres or more with an assessed valuation of $200,000.00 or more for land or structure or both for ad valorum purposes for the )ear next preceding this annex- ation has been annexed. 3. No additional terms or conditions are to be imposed on the newly annexed area which would require an election. 4. No land held in identical ownership has been divided in establishing the boundaries of territory annexed as of the date of the Resolution to annex, which was passed on July 16, 1973. Council notes that land purportedly conveyed by Dorsey Hall, Jr., Alonzo C. Hall, Howard H. Hall and Eleanor Hoagland to Hall Land and Leasing Co., Inc. on July 3, 1973, by Warranty Deed dated that date and acknowledged and recorded on July 5, 1973, was ineffective in that one Rose L. Weeks was the true owner. The City Council received a letter and infonnation from Rose L. Weeks by her attorney Robert Wham of the case of Hall vs. Brannan Sand and Gravel Company, 158 Colo. 201, 405 P2d 749, in which the Supreme Court ruled that said land belonged to Rose L. Weeks and not to the conveyors or conveyees of said Warranty Deed. Also, the District Court of the County of Arapahoe, State of Colo- rado entered judgment in favor of Rose L. Weeks as owner of said property in the consolidated cases of Weeks vs. Hall, Civil Action No. 23469, and Hall Land and Leasing Co., Inc. vs. Weeks, Civil Action No. 23568, said area being all that part of the NE 1/4 of the NE 1/4 of said Section 8 lying North and West of the channel of the South Platte River, which was owned by Mrs. Weeks as of July 16, 1973. Council further finds that the said Rose L. Weeks conveyed said property by Warranty Deed dated October 19, 1973 to one Paul T. Van Winkle, recorded October 19, 1973 in the records of the Recorder of Arapahoe County, in Book 2180 at page 421 • -2- .. .., . ~ • • • Further, the City Council notes that a Deed from Norman E. Sample and Elizabeth A. Sample to Dorsey Hall, Jr., Alonzo C. Hall, Howard H. Hall and Eleanor Hoagland, was ineffective as of the date of the Resolution to annex because said Deed was acknowledged on July 20, 1973, and recorded July 23, 1973. A Warranty Deed from Lester W. Hunter to Dorsey Hall, Jr., Alonzo C. Hall, Howard H. Hall and Eleanor Hoagland was also ineffective on the date of the Resolution to annex since the same was acknowledged on July 20, 1973 and recorded July 23, 1973. S. City Council finds that the railroad land allegedly divided by the annexation, is joined because said railroad land is in the City of Englewood on two sides and the annexation of the railroad land in the newly annexed area joins said railroad land on both sides. 6. The City Council finds that an extensive hearing occurred wherein any party in interest had ample opportunity to make inquiry by cross-examination and to present any and all materials either for or against the proposition of annex- ation as reflected in the Resolution to annex and that said hearing was duly conducted in proper form according to law. Section 2. The City Council of the City of Englewood, further finds, concludes and de termines that no annexation election is required in said annexation. Section J. That the Cl erk of the City of Englewood shall attest and affix the seal of the City of Englewood to this resolution and that publication of this resolution is required. ADOPTED AND APPROVED this 15th day of April, 1974. ,_ 2c-i Zi il d 11 ,, ·: "' MAYORC! . ¥~Ck " K'?' -3- ..... • • • • A'ITEST: \• , " l ' \ (, l ( \. · A . \ ex offfrfo City CJ~rk-Tr caH urer I, Karl Nollcnbergcr, ex officio City Clerk-Treasurer of the City uf Engle wood, (;olorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of Resolution No. Jo , Series of 1974 . -4-