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HomeMy WebLinkAbout1974 Resolution No. 053., • • •• RESOLUTION NO. 53, SERIES OF 1974 A RESOLUTION MAKING CERTAIN FINDINGS AND DETERMINATIONS RELATING TO ANNEXATION PROCEDURE AFTER REQUIRED HEARINGS. WHEREAS, the Cit7 or Englewood, Colorado, commenced proceedings ror annexation of land totaling 183 aires, more or less; and WHEREAS, the Colorado Municipal Annexation Act or 1965, as amended, requires the annexing municipality to hold a hearing and make certain findings, conclusions and determinations; and WHEREAS, due notice as required b7 said statute has been given ror said hearing. B! IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That the City Council or the City of Englewood finds, concludes, and determines that the applicable requirements of Section 4 of the Munlclpal Annexation Act of 1965, as amended, have been met and that the territory to be annexed was and is eligible for annexation to and by the City of Englewood. In making its conclusion and determination, the City Council baa reviewed all the evidence, testimony and exhibits presented at that certain public hearing held on September 10, 1973; all exhibits ottered at a hearing held in the District Court in and tor the 18th Judicial District before the Honorable Marvin W. Foote, District Judge; and data relating to all matters in connection with the annexation. Further, additional testimony and exhibits were presented to the City Council at public hearings pursuant to a further Order of the District Court. Said hearings occurred on September 30, 1974, and October 14, 1974, and objectors were present presenting evidence against the annexation. Said hearings were held after due notice was published in a legal newspaper located in Englewood, Colorado, which was also pursuant to Court Order. 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 specific findings are made: -1 - ,~ • • • 1. That more than a two-thirds contiguity for not less than three years exists between the present boundaries of Englewood, Col o rnt1o nn,, t.h" th,.n proponNI n<'wly nnncxod• nraa~ Tho City Council n pf'\ c i r f t' n 11 y r f n do t. h n 1. t. hr· r,.. I n (,? • ~A~ % cont t P. u 1. t y b n Ao d \Ip on 1. h"' te s timony of t.he C1t.y Encluccr ond after rcv1ew of all maps, deeds and other data uoed in drawing said boundaries on an illustrated anne .xotton map. The City Council rejects the testimony of a sur- veyor that there was less than two-thirds contiguity between the limits of Englewood and the annexed area. 2. No land area or 20 acres or more with an assessed valua- tion or s200,ooo.oo or more ror land or structure or both for ad vnl o rum purpo11 .. 11 rur I.Im y1•nr 11"1t. prccocllug t.htu Ullllt.lXUt.lon hnu been annexed. J. 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 or 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., Jnc. on July J, 197J, by Worrenty 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 lett e r and tnrormntton from Rooe T .• Woeks by her nttorncy Robert Wham or the case of Hall vs. Brannan Sand and Gravel Com an , 158 Colo. 201, 405 P2d 7 , n • c t e Supreme ourt ru e t at said land belonged to Rose L. Weeks and not to the conveyors or conveyees ot said Warrant7 Deed. Alao, the District Court or the Count7 or Arapahoe, State ot Colorado entered Judgment in ravor of Rose L. Weeks as owner or said property in the consolidated cases of Weeks vs. Hall, Civil Action No. 23469, and Hall Land and Leasing Co., Inc. vs. leeks, Civil Action No. 23568, said area being all that part of the NE I or the NEl or said Section 8 lying North and West or the channel or the South Platte River which was owned b7 Mrs. Weeks as ot Jul7 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 ot Arapahoe Count7, in Book 2180 at page 421. Further, the City Council notes that a Deed from Norman E. Sample and Elizabeth A. Sample to Dorsey Hall, Jr., Alonzo C. Hall, Howar~ H. Hall and Eleanor Hoagland, was ineffective as of the date or the Resolution to annex because said Deed was adknowledged 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. Rall and Eleanor Hoagland was also ineffective on the date of the Resolution to annex since the same was acknowledged on July 20, 197J and recorded July 2J, 197J • -2 - . ,. • • • From additional t e stimony and exhibits submitted at the la tes t public h ea rings or September 30, 1974 and October 14, 1974, t he Cit7 Council rinds that land to the North and.West of the Ann e xe d n r ce b c 1 o nr.~d l o o n e Rooe Wee k s at the time of annexation and a djac e nt to 1nnd b e l o nP,lng to Peter Ki ewit and Co. was not di vf ded t n end o u t o r 1.h r. City. Th e b o undary l tne of th e Nor t hwest u1t1u o r t h u l'o t o r Kh!wlL Ju11J urH.l tla c a nn e xation line are one and t h e o ame s o ea not to divide the Rose Weeks land. The City Council rejec t s the testimony of the surveyor appearing on · behalf of the objec t ors in that land on the Southeast side of the South Platte River beyond the boundary line of a Peter Kiewit and Co. Deed in 1951 makes said land Rose Weeks'· land... The City Council finds that a title policy (City Exhibit No. 2.) by the Fidelity National Title Insurance Company indicates ownership of said area by Peter Kiewit and Co •. Further, the City Council finds that there is no division or land belonging to Hall Land and Leasing Co., Inc. in and out or the Ci t 7 which is adjacent to R~se Weeks' land on the South side. The Council finds that t)ere is ~o credible evidence or division from the testimony of a surveyor presented by the objectors concerning the tru e t hr e ad or the river wherein a division of the Hall Land and Leasing Co., Inc. land was divided by the annexation boundary line. 5. City Council finds that the railroad .land allegedly divided by the annexation, is Joined because said railroad land is in the City ot Englewood on two sides and the annexation of the railroad land in the newly annexed area joins said railroad land OD both aides. The City Council finds that the original city limits line or Englewood, Colorado, and the adjacent annexation boundary line oD the West ot the railroad land is one and the same and that there was no space in between said railroad land and the original city l imits line. 6. Th e City Coun c il rtndo that ext e nsive h e arings occurred whe r ei n a ny party in J1•L e r ce L had ample opportunity to make inquiry by c r oes -e xamfnetion ftnd to prco c nt any end all materials either for or against the proposition or annexation 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 determines that no annexation election is required in said annexation. Section J. That the Clerk of the City of Englewood shall attest and affix the se~l or the City of Englewood to this resolution and that -3 - • • • publJ c nt.lon of Lhln r o nol11tfou ln required. ADOP'l'ED AND Al'PHOVl':D t.hia -~' day of ~--y • \'..u,, , 1974, ~ :J 1 -..: ATTEST: I, Karl Noll~nberger, ex officio City.Clerk -Treasurer of the City of Englewood, Colorado, do hereby certify that the above and foregoing is a true, accurate and complete copy of the Resolution No. 53, Series ot 1974. 0Al()~~~ ex officio City Clerk--:. Treasurer :•\ -4 -