Staff Repor

RESOLUTION NO. 2016-056
A RESOLUTION FINDING A CERTAIN PETITION FOR ANNEXATION KNOWN AS
THE RIDGE ESTATES ANNEXATION TO BE IN SUBSTANTIAL COMPLIANCE
WITH SECTION 30 OF ARTICLE H OF THE COLORADO CONSTITUTION AND
WITH THE REQUIREMENTS OF §31-12-107(1), C.R.S.; AND ESTABLISHING A
DATE, TIME AND PLACE FOR THE HEARING PRESCRIBED UNDER §31-12-108,
C.R.S. TO DETERMINE IF THE PROPERTY PETITIONED FOR ANNEXATION TO
THE TOWN OF CASTLE ROCK IS ELIGIBLE FOR ANNEXATION UNDER
SECTION 30, ARTICLE H OF THE COLORADO CONSTITUTION AND THE
MUNICIPAL ANNEXATION ACT OF 1965
WHEREAS, on March 10, 2016, a Petition for Annexation designatedthe Ridge Estates
Annexation ("Petition") was filed with the Town Clerk by petitioners alleging to comprise more
than fifty percent (50%) of the landowners in the area subject to the Petition and described on the
attached Exhibit A ("Property"), and who assert ownership of more than fifty percent (50%) of
the Property, excluding public streets and alleys and any land owned by the Town of Castle
Rock;
WHEREAS, the Petition requests the Town of Castle Rock annexthe Property; and
WHEREAS, pursuant to §31-12-107(l)(f), C.R.S., the Town Council, without undue
delay, is required to determine if the Petition is in substantial compliance with Section 30(l)(b)
of the Colorado Constitution and §31-12-107(1), and if so, it is to follow the procedures for
consideration of the proposed annexation in accordance with the Municipal Annexation Act of
1965 including determination of whether the proposed annexation of the Property complies with
the requirements of §§31-12-104 and 31-12-105, C.R.S.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF CASTLE ROCK, COLORADO AS FOLLOWS:
Section 1.
The Town Council finds and determines:
A.
the Petition filed with the Town Clerk was signed by persons comprising
more than fifty percent (50%) of the landowners of the Property, and who
own more than fifty percent (50%) of the Property, excluding public
streets and alleys, and all land owned by the Town of Castle Rock;
B.
the Petition requests the Town of Castle Rock annex the Property;
C.
the Petition substantially complies with and meets the requirements of
Section 30(l)(b) of Article II of the Colorado Constitution and of §31-12107(1), C.R.S;
1
C;\Users\GRANIC-.l\AppData\LocaI\Temp\BCLTechnologies\easyPDF 7\@BCL@[email protected]
D.
the Petition is accompanied by a map containing the infonnation required
under §31-12-107(l)(d), C.R.S.; and
E.
no signature on the Petition is dated more than 180 days prior to the date
of filing of the Petition with the Town Clerk.
Section 2.
Pursuant to §31-12-108, C.R.S., a public hearing is scheduled before the
Town Council on June 21, 2016, at 6:00 P.M., at the Castle Rock Town Hall, 100 N. Wilcox
Street, Castle Rock, Colorado, for the purpose of enabling the Town Council to determine
whether the area proposed to be annexed complies with Section 30 of Article II of the Colorado
Constitution and the applicable requirements of §§31-12-104 and 31-12-105, C.R.S., and is
eligible for annexation; whetheror not an election is required under Section 30(l)(a) of Article II
of the Colorado Constitution and of §31-12-107(2), C.R.S.; and whether or not additional terms
and conditions are to be imposed.
Section s.
The Town Clerk shall give notice of said hearing in the mannerprescribed
by §31-12-108(2), C.R.S.
Section 4.
This Resolution shall become effective on the date and at the time of its
adoption.
. PASSED, APPROVED AND ADOPTED this 3rd day of May, 2016 by the Town
Council of the Town of Castle Rock, Colorado, on first and final reading by avote of ^ for
and /} against.
f
ATTEST
TOWN OF CASTLE ROCK
Sally^. Misare, T^wh Clerk
Paul Donahue, Mayor
Approved asM form:
Attorney
C;\Users\GRANIC—l\AppData\Local\Teinp\BCL TechnologiesNeasyPDF 7\@BCL@3005A8AD\@[email protected]
ATTACHMENT A
EXHIBIT A
RIDGE ESTATES BOUNDARY - EXHIBIT A
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 36,
TOWNSHIP 8 SOUTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN.
COUNTY OF DOUGLAS, STATE OF COLORADO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 36;
THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 36 N89"14'58"E, 1,486.23 FEET TO THE WESTERLY BOUNDARY OF
SELLERS CREEK RANCH RURAL SITE PLAN, RECORDED AT RECEPTION NO.
01063901 OF THE DOUGLAS COUNTY RECORDS;
THENCE ALONG SAID WESTERLY BOUNDARY THE FOLLOWING NINETEEN (19)
COURSES'
1. S34''15'57"W, 288.40 FEET TO A POINT OF CURVE;
2. ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF
205.00 FEET AND A CENTRAL ANGLE OF 28''23'03", 101.56 FEET;
3. S02"'04'38"E, 673.40 FEET;
4.
5.
6.
7.
8.
N57''54'07''E, 372.84 FEET;
S89°49'44"E, 153.99 FEET;
S06»20'17"E, 554.82 FEET;
S11''09'46"W, 60.00 FEET;
S14°44'51"W, 462.71 FEET;
9. S62''47'50"W, 183.08 FEET;
10. S52''17'10-W, 568.15 FEET;
11. S36''17'48"W, 313.93 FEET;
12. N86''18'09"W, 247.70 FEET;
13. N08''31'26"E, 249.70 FEET;
14. N50»35'33"W, 424.70 FEET;
15. NOO'OO'11"W, 60.00 FEET;
16. N34»29'49"E, 339.94 FEET;
17. N55''30'11"W, 69.01 FEET TO A POINT OF CURVE;
18. ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF
380.00 FEET AND A CENTRAL ANGLE OF 78''25'46", 520.16 FEET;
19. N67''04'24"W, 293.23 FEET TO THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 36;
THENCE ALONG SAID WEST LINE AND ALONG THE EAST LINE OF BELL
MOUNTAIN RANCH SUBDIVISION FILING NO. 1-B, RECORDED AT RECEPTION
NO. 9829016 OF THE DOUGLAS COUNTY RECORDS N0r04'20"W, 1,041.84 FEET
TO THE POINT OF BEGINNING, CONTAINING 3,049,617 SQUARE FEET OR 70.010
ACRES, MORE OR LESS.
PREPARED BY:
STEPHEN H. HARDING, PLS
FOR AND ON BEHALF OF
EMK CONSULTANTS, INC.
J:\SCR\EMK\SCR Legal 20160211 .rtf
Page 1 of 1
Town of Castle Rock
Castle Rock, CO 80104
Town
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Agenda Memorandum
Agenda Date: 5/3/2016
Item #: 26 File #: RES 2016-056
To:
Honorable Mayor and Members of Town Council
From:
Julie Kirkpatrick, PLA, Long Range Project Manager, Development Services Department
Resolution: A Resolution Finding a Certain Petition for Annexation Known as the
Ridge Estates Annexation to be in Substantial Compliance with Section 30 of Article
II of the Colorado Constitution and with the Requirements of §31-12-107(1), C.R.S.;
and Establishing^ Date, Time and Place for the Hearing prescribed under §31-12108, C.R.S. to Determine if the Property Petitioned for Annexation to the Town of
Castle Rock is Eligible for Annexation under Section 30, Article ii of the Colorado
Constitution and the Municipal Annexation Act of 1965 [Substantial Compliance
Hearing, south of Crystal Valley Ranch, east of Bell Mountain Ranch, north and west of
Sellers Creek Ranch, 70.010 acres]
Executive Summary
The purpose and intent of this staff report is to demonstrate to Town Council that the Ridge Estates
Annexation Petition is in Substantial Compliance with the applicable requirements of the Municipal
Annexation Act (Act). After the Council concurs that a conforming annexation petition has been
submitted, the Act mandates that the Council set a hearing date to determine if the allegations made
in the petition are supportable and that the property is eligible for annexation (Eligibility Hearing).
The Eligibility Hearing will be held on June 21, 2016.
The Substantial Compliance and Eligibility Hearings determine whether a proposed annexation
application may later be annexed to the Town. The Town Council, however, has no obligation to
approve an annexation simply because the property is eligible for annexation. Council will determine
whether it is in the Town's interest to annex the property when the annexation and zoning ordinances
are considered at public hearing later this year.
Staff finds that the petition substantially complies with State requirements and recommends approval
of the Substantial Compliance Resolution.
Staff Recommendation
The application substantially complies with the State requirements and staff recommends setting an
Eligibility Hearing date of June 21, 2016.
Proposed Motion
Town of Castle Rock
Page 1 of 2
Printed on 4/28/2016
powered by Legistar™
Item #: 26 File #: RES 2016-056
I move to approve the Resolution as Introduced by title.
Attachments
Attachment A; Resolution
Exhibit A: Legal Description
Attachment B: Annexation Petition and Map
Town of Castle Rock
Page 2 of 2
Printed on 4/28/2016
powered by Legistar™
Town of
^
r Castle Rock
COLORADO
AGENDA MEMORANDUM
To:
Honorable Mayor and Members of Town Council
From:
Julie Kirkpatrick, PLA, Long Range Project Manager, Development Services
Department
Title:
A Resolution Finding a Certain Petition for Annexation Known as the
Ridge Estates Annexation to be in Substantial Compliance with Section
30 of Article II of the Colorado Constitution and with the Requirements
of §31-12-107(1), C.R.S.; and Establishing a Date, Time and Place for the
Hearing prescribed under §31-12-108, C.R.S. to Determine if the
Property Petitioned for Annexation to the Town of Castie Rock is
Eligibie for Annexation under Section 30, Article II of the Colorado
Constitution and the Municipal Annexation Act of 1965 [Substantial
Compliance Hearing, south of Crystal Valley Ranch, east of Bell Mountain
Ranch, north and west of Sellers Creek Ranch]
Executive Summary
The purpose and Intent of this staff
report Is to demonstrate to Town
Council that the Ridge Estates
Annexation Petition Is In Substantial
Gnystal ^Valiey[Ranch
Compliance with the applicable
requirements of the Municipal
Annexation Act (Act). After the
Council concurs that a conforming
annexation petition has been
submitted, the Act mandates that the
Council set a hearing date to
determine If the allegations made In
the petition are supportable and that
the property Is eligible for annexation
(Eligibility Hearing). The Eligibility
Hearing will be held on June 21,
2016.
Page 1
The Substantial Compliance and Eligibility Hearings determine whether a proposed
annexation application may later be annexed to the Town. The Town Council, however,
has no obligation to approve an
Location Map
annexation simply because the
property is eligible for annexation. Council will determine whether it is in the Town's
interest to annex the property when the annexation and zoning ordinances are
considered at public hearing later this year.
Staff finds that the petition substantially complies with State requirements and
recommends approval of the Substantial Compliance Resolution.
Discussion
The Property
The annexation petition formerly known as Sellers Creek Ranch Estates, originally
submitted in 2006, has expired. A new annexation petition, under the name of Ridge
Estates, was filed with the Town Clerk on March 10, 2016. The approximately 70-acre
property is located east of Bell Mountain Ranch, south of Crystal Valley Ranch, and
north and west of Sellers Creek Ranch. The Ridge Estates Annexation property is
located within the area of "growth and annexation" per the Intergovernmental
Agreement (IGA) between Douglas County and the Town of Castle Rock.
Annexation Process
There are three steps required in the annexation process. The following summarizes
the three steps:
1. Substantial Compliance - The Town must determine if the annexation petition is
in the prescribed form and contains the necessary statutoiy allegations. In
addition, a finding must be made that the petitioners constitute more than 50% of
all the landowners and that the petitioners own more than 50% of the total area
of the property, excluding certain public ownership. The Town must also set a
date, time and place for the Eligibility Hearing.
2. Eligibilitv - After four consecutive weeks of public notice in a newspaper of
general circulation, the Town will determine if the assertions in the annexation
petition are supportable and that the property is eligible for annexation under the
Act. The Eligibility Hearing must occur between 30 and 60 days after the
Substantial Compliance Hearing. If this Substantial Compliance Resolution is
approved, the Eligibility Hearing for the Canyons South Annexation will be
scheduled for June 21, 2016 (Attachment A).
3. Annexation and Zoning - Once a request has been found to be eligible for
annexation, the Town can proceed with the annexation and zoning hearings at
Planning Commission and Town Council. Substantial Compliance and Eligibility
Page 2
determine whether the parcel can be annexed; this final step determines whether
a parcel should be annexed.
Substantial Compliance Findings
This application meets the requirements of the first step in the annexation process.
Staff recommends that Town Council make a finding that this application substantially
complies with Section 30 of Article II of the Colorado Constitution and with the Colorado
Revised Statutes (C.R.S.) Section 31-12-107(1) given that:
1. The Annexation Petition has been signed by more than 50% of the landowners,
owning more than 50% of the land, excluding right-of-way and property owned by
the Town of Castle Rock. In fact, the Annexation Petition is signed by all of the
property owners.
2. The petition was filed with the Town Clerk on March 10, 2016.
3. The petition contains:
a. An allegation that it is desirable and necessary that such territory be
annexed to the Town;
b. An allegation that the requirements of Sections 31-12-104 and 31-12-105
exist or have been met;
c. An allegation that the signers of the petition comprise the landowners of
more than fifty (50%) of the territory included in the area proposed to be
annexed, exclusive of streets and alleys;
d. A request that the municipality approve the annexation;
e. The signatures of the land owners;
f. The mailing address of each signer;
g. The legal description of the land owned by such signer;
h. The date of signing of each signature; and
i. The affidavit of each circulator of such petition, whether consisting of one
or more sheets, that each signature therein is the signature of the person
whose name it purports to be.
4. Four copies of the annexation map (Attachment B) were filed with the Clerk,
containing:
a.
b.
c.
d.
A written legal description;
A map showing the boundary of the area proposed for annexation;
An indication of ownership tracts; and
A depiction of the contiguous boundary of the property with any
municipality.
5. No signatures on the petition are dated more than 180 days prior to the date of
filing.
Page 3
staff finds that the annexation request meets the statutory requirements and it should
be deemed sufficient.
Budget Impact
The action of determining substantial compliance does not have any financial impact.
Staff Recommendation
The application substantially complies with the State requirements and staff
recommends setting an Eligibility Hearing date of June 21, 2016.
Proposed Motion
I move to approve the Resolution as introduced by title.
Attachments
Attachment A: Resolution
Exhibit A: Legal Description
Attachment B: Annexation Petition and Map
T:\Development RevieWlRidge Estates fka Sellers Ridge Estates\Annexation\publlc hearlngsMC substantial compliance
Page 4
ATTACHMENT B
PETITION FOR ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF DOUGLAS, STATE OF
COLORADO, TO THE TOWN OF CASTLE ROCK, STATE OF COLORADO
The undersigned, in accordance with the Municipal Annexation Act of 1965, Chapter 31, Article 12 of the Colorado Revised
Statutes, .1973, as amended, hereby petition the Town of Castle Rock for annexation to the Town of Castle Rock of the
following described unincorporated territory located in the County of Douglas, State of Colorado, to wit:
LEGAL DESCRIPTION • SEE EXHIBIT A
And in support of the said Petition, state that:
1) It is desirable and necessary that the above-described territory be annexed to the Town of Castle Rook.
2) The requirements of Article II, Section 30 of the Colorado Constitution have been met.
3) Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of
Castle Rock.
4) Acommunity of interest exists between the territory proposed to be annexed and the Town of Castle Rock.
5) The territory to be annexed is urban or will be urbanized in the near future.
6) The territory proposed to be annexed is integrated or is capable of being integrated with the Town of Castle Rock.
7) No land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous
tracts orparcels ofreal estate:
a) Is divided into separate parts or parcels without the written consent of the iandowner(s) thereof, except and
unless virhere such tracts or parcels are already separated by a dedicated street, road or other public way.
b) Comprises 20 acres or more, which togetherwith the buildings and improvements situated thereon, has an assessed
value in excess of two-hundred thousand dollars for an ad valorem tax purpose for the year preceding the
annexation is included within the territory proposed to be annexed, withoutthe written consent of the landowner
or landowner thereof. (CRS 31-12-105)
8) The annexation of the Property will not result in the detachment of area from areas from any school district or the
attachment ofsame to another school district.
9) No annexation proceedings have been commenced by another municipality and are currently pending for the
annexation of part or ail of the area proposed herein to be annexed to the Town of Castle Rock.
10) The entire width of any street or alley to be annexed is included within the annexation.
11) All requirements of CRS 31-12-104, as amended, and CRS 31-12-105, as amended, exist or have been met:
12) Annexation by the Town of Castle Rock of the property will not have the effect of, and vi/iil not result in, the denial of
reasonable access to landowners, owners of an easement, or owners of afranchise adjoining aplatted street or a''ey.
inasmuch as annexation of the Property will not result in annexation of a platted street or alley which is not bounded on
both sides by the Town ofCastle Rock.
13) The proposed annexation will not have the effect of extending a municipal boundary more than three miles in any
direction from any point ofthe Town boundary in any one year.
14) The signer(s) ofthe Petition comprise(s) one-hundred percent (100%) of the landowners in the area and own one-hundred
percent (100%) of the territory included in the area proposed to be annexed, exclusive of streets and alleys, and of
any land owned by the annexing municipality: or
15) The mailing address ofeach signer, the legal description ofthe land owned by each signer and the date ofsigning ofeach
signature are ail shown on this Petition.
16) Attached to this Petition is the Affidavitofthe Circulator ofthis Petition affirming that each signature hereon is the signature
ofthe person whose name it represents.
17) The landowners request that the Town of Castle Rock approve the annexation of the property.
18) Accompanying this Petition is aminimum of four (4) annexation maps
10.This instrument may be executed in one or more counterparts, all ofwhich taken together shall
constitute the same document.
i
LANDraWNEFfe:!
Gr-O'jt. ia\rvl Liiwi'fci
By:
Ki p
By; _J
~1
Mailing Address:
d^loi Hettsc-j-tch
tAO
STATE OF COLORADO
SS13jL
)
)
COUNTY OF Dno^la^
s.s.
)
Subscribed and sworn to before me this I2"^dav of Sh/jA^yj. 20t3-. by
Witness my hand and official seal.
My commission expires:
Notary Public
and
0^
NANCY SCHIELD
NOTARY PUBUC
I •^o\ s
STATE OF GOLORAbO
A^cJ^ajU.
NOTARY ID19984016041
MY COMMISSION EXPIRESJUNE 1.2018
AFFIDAVIT OF CIRCULAR IN SUPPORT OF PETITION
STATE OF COLORADO
)
)
COUNTY OF
s.s.
)
-J. lU
being first duly sworn states as follows:
a. 1have circulated the Petition for Annexation to the City/Town of
^ ,
luclcset forth herein
b. I know the persons whose names are subscribed to the foregoing Petition oh behalf of the
Landowners.
c. The signatures on the foregoing Petition were affixed in my presence and each signature is a true,
genuine and correct signature of the person it purports to be.
d. To the best of my knowledge and belief, the persons whose names are affixed to the foregoing
itioners.
Petitiori are authorized to signsuch document on behalf ^
CIRCULATQE
STATE OF COLORADO
COUNTY OF
Subscribed and sworn to before me this IL?'^ day of /ylorJarj/ .2010', by Aa.\Mt?5 li M111
Witness my hand and official seal.
My commission expires:
nancy SCHIELD
NOTARY PUBUC
STATE OF COLORADO
NOTARY ID 19984015041
Notary/ Public
Public /
MY nnMMIRRIQN EXPIRES JUNE 1,2018
38
COLORADO MUNICIPAL LEAGUE
10. This instrument may be executed in one ormore counterparts, all of which taken together shall
constitute the same document.
UKNqOyVNjERS^
•" ?(rV<Aaiin
Mailing Address: .2-7'^'^
O(i.scoMN/ ss3=i 'Rood
Woy-tccW,
1
STATE OF COLORADO
S.S.
COUNTY OF
"DoOjk-
iu
Subscribed and sworn to before me this I2"^ day of Pel)/Jnr^. 20t3. by RulnAfJ —and
^
Witness my hand and official seal.
My commission expires;
NANCYSCHIELO
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19984015041
^ XoJt
Notary Public Tt/u^L^d^
MY COMMISSION EXPIRES JUNE 1,2018
AFFIDAVIT OF CIRCULAR IN SUPPORT OF PETITION
STATE OF COLORADO
)
r
)
COUNTY OF
s.s.
)
tH •being first duly sworn states as follows:
^/
a. 1have circulated the Petition for Annexation to the City/Town of
l^lc set forth herein
b. Iknow the persons whose names are subscribed to the foregoing Petition on behalf of the
Landowners.
c. The signatures on the foregoing Petition were affixed in my presence and each signature is a true,
genuine and correct signature ofthe person it purports to be.
d. To the best of my knowledge and belief, the persons whos^ames are affixed to the foregoing
Petition are authorized to sign such document on beha|f^fj
ClRCUl
STATE OF COLORADO
COUNTY OF
Subscribed and sworn to before me this
day of
-20_/ie_, by
0 jlj ]I/
Witness my hand and official seal.
My commission expires:
NANCY SCHIELD
NOTARY PUBUG
<3TATE OF COLORADO
MOTARY ID19984015041
1^ -1 -
JjJuXlyff
Notary Public
myCOMMISSION EXPIRES JUNE 1.2018
38
COLORADO MUNICIPALLEAGUE
10. This instrument may be executed in one or more counterparts, ail of which taken together shail
constitute the same document.
LANDOWNEF
MafltngAddress; So3|
^
STATE OF COLORADO
fAonri
)
COUNTY OF
Subscribed and swbm to before me this
'
Notary PublicT^^
"SoihS
-
I''
day of l-v.i'i/'Jrtvy. 2013i by (^ve^pcxj
Witness my hand and officiai seal.
My commission expires;
Co
s.s.
)
^
fit,
W-
y
NANCY SCHIELD
NOTARYPUBUC
STATE OF COLORADO
NOTARY ID 19984015041
&-!- ,^Ol
MY COMMISSION EXPIRES JUNE 1,2018
AFFIDAVIT OF CIRCULAR IN SUPPORT OF PETITION
STATE OF COLORADO
)
1
)
COUNTY OF
s.s.
)
^c/tTlg-^
being first duly sworn states as follows;
a. ihave circulated the Petition for Annexation to the City/Town of
^ C-set forth herein
b. i knowthe persons whose names are subscribed to the foregoing Petition on behalf of the
Landowners.
c. The signatures on the foregoing Petition were affixed in my presence and each signature is a true,
genuine and correct signature of the person it purports to be.
d. To the best of my knowledge and belief, the persons whosejiames are affixed to the foregping
Petition are authorized to sign such document on beh^
emioners.
CIRCULAl
STATE OF COLORADO
COUNTY OF Do,
Subscribed and sworn to before me this
day of
•20 /G. by
Kit(
Witness my hand and officiai seal.
My commission expires;
U ~l - <3-0/3'
NANCY SCHIELD
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19984015041
yUOvUy^
Notary Public
/
MY mMMISRION EXPIRES JUNE 1.2018
38
COLORADO MUNICIPAL LEAGUE
RIDGE ESTATES BOUNDARY - EXHIBIT A
LEGAL DESCRIPTION
V .'
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 36,
TOWNSHIP 8 SOUTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF DOUGLAS, STATE OF COLORADO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 36;
THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 36 NSg-U'SS-E, 1,486.23 FEET TO THE WESTERLY BOUNDARY OF
SELLERS CREEK RANCH RURAL SITE PLAN, RECORDED AT RECEPTION NO.
01063901 OF THE DOUGLAS COUNTY RECORDS;
THENCE ALONG SAID WESTERLY BOUNDARY THE FOLLOWING NINETEEN (19)
COURSES'
1. S34°15'57"W, 288.40 FEET TO A POINT OF CURVE;
2.
ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF
205.00 FEET AND A CENTRAL ANGLE OF 28°23'03", 101.56 FEET;
3. S02°04'38"E, 673.40 FEET;
4. N57''54'07"E, 372.84 FEET;
5. S89°49'44"E, 153.99 FEET;
6. S06°20'17"E, 554.82 FEET;
7. >S11 °09'46"W, 60.00 FEET;
8. S14''44'51"W, 462.71 FEET;
9. S62°47'50"W, 183.08 FEET;
10. S52°17'19"W, 568.15 FEET;
11. S36°17'48"W, 313.93 FEET;
12. N86°18'09"W, 247.70 FEET;
13. N08°3r26"E, 249.70 FEET;
14. N50°35'33"W, 424.70 FEET;
15. N55°30'11"W, 60.00 FEET;
16. N34''29'49"E, 339.94 FEET;
17. N55°30'11"W, 69.01 FEET TO A POINT OF CURVE;
18. ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF
380.00 FEET AND A CENTRAL ANGLE OF 78''25'46", 520.16 FEET;
19. N67''04'24"W, 293.23 FEET TO THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 36;
THENCE ALONG SAID WEST LINE AND ALONG THE EAST LINE OF BELL
MOUNTAIN RANCH SUBDIVISION FILING NO. 1-B, RECORDED AT RECEPTION
NO. 9829016 OF THE DOUGLAS COUNTY RECORDS N0r04'20"W, 1,041.84 FEET
TO THE POINT OF BEGINNING, CONTAINING 3,049,617 SQUARE FEET OR 70.010
ACRES, MORE OR LESS.
PREPARED BY:
STEPHEN H. HARDING, PLS
FOR AND ON BEHALF OF
EMK CONSULTANTS, INC.
J:\SCR\EMK\SCRLegal20160211.rtf
Page 1of1
RECEIVED
MAR 1 0 2016
TOWN OFCASTLE ROCK
DEVELOPMENT SERVICES
RECEIVED
RIDGE ESTATES
MAR 1 0 2016
ANNEXATION PLAT
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TOWN OF CASTLE ROCK
DEVELOPMENT SERVICES
LEGAL DESCRIPTION
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CASTLC AOOC.CO «iog-ssi3
CWTACT: James J UU.
PKONL (720) 200-4377
PQUGLftS COUNTY CIFHK ANO
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SURVEYOR
CURK AM) RtCOROtR OF OCU&AS CCAMTYAT
RtCEFBIH NG
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7009 GCUTN ALTON WAY. BLOC F
COFTENNIAI. CO B0II2.7019
eONTACT: STEVC HARaNO
PMOW:(M3) 694-1920
DOUGLAS COUNTY CURK ANO RtCOROER
RIDGE ESTATES
ANNEXATION PLAT
JOB. NO. CVR-RE FEBRUARY, 2016
SHEET) OF 1 {PROJ # ANXPI6-OOOI)
RESOLUTION NO. 2016-044
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE TOWN OF
CASTLE ROCK AND WL CONTRACTORS, INC. FOR TRAFFIC SIGNAL
INSTALLATION
(FOUNDERS PARKWAY/COPPER CLOUD DRI\nE, FOUNDERS PARKWAY/BLACK
PINE DRIVE AND RIDGE ROAD / KING SOOPERS INTERSECTIONS)
WHEREAS, the Town of Castle Rock and WL Contractors, Inc. have agreed to the
terms and conditions by which WL Contractors, Inc. will undertake the construction of traffic
signals at the intersections of Founders Parkway and Copper Cloud Drive, Founders Parkway
and Black Pine Drive and Ridge Road at the King Soopers entrance.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF CASTLE ROCK, COLORADO AS FOLLOWS:
Section 1.
Approval. The Agreement between the Town and WL Contractors, Inc.
in the form attached as Exhibit 1 is hereby approved. The Mayor and other proper Town
officials are authorized to execute the Agreement by arid on behalf of the Town of Castle Rock,
Colorado.
Section 2.
Encumbrance and Authorization for Payment.
In order to meet the
Town's financial obligation under the contract, the Town Council authorizes the expenditure and
payment from the 2016 appropriation account 120-3175-431.75-26 in an amount not to exceed
$387,407.00, unless authorized in writing by the Town of CastleRock.
PASSED, APPROVED AND ADOPTED this 3^'' day of May, 2016 by the Town
Counc^ ofthe Town of Castle Rock, Colorado, on first and final reading by a vote of w for
and Qj against.
^'
ATTEST: /
TOWN OF CASTLE ROCK
Sally A. Misare, Town Clerk
Paul Donahue, Mayor
Approved as to form:
tz. Town Attorney
TOWN OF CASTLE ROCK, COLORADO
CONSTRUCTION CONTRACT
THIS CONSTRUCTION CONTRACT (Contract) is made at the Town of Castle Rock,
Colorado, between the Town of Castle Rock, Colorado (Town), a municipal corporation, 100 N.
Wilcox Street, Castle Rock, Colorado 80104 and WL Contractors, Inc. (Contractor) a traffic
signal construction and maintenance company incorporated in the State of Colorado, whose
address is:
5920 Lamar Street
Arvada, CO 80003
In consideration of these mutual covenants and conditions, the Town and Contractor agree as
follows:
SCOPE OF WORK The Contractor shall execute the entire Work described in the Contract.
CONTRACT The Contract represents the entire and integrated agreement between the parties
hereto and supersedes prior negotiations, written or oral representations and agreements. The
Contract incorporates the following Contract Documents. In resolving inconsistencies among
two or more of the Contract Documents, precedence will be given in the same order as
enumerated.
LIST OF CONTRACT DOCUMENTS
The Contract Documents, except for Modifications issued after execution of this Agreement, are:
1.
Change Orders;
|
2.
Notice to Proceed;
3.
4.
Agreement for Construction Contract;
The following Addenda, if any:
Number
5.
Pages
Special Conditions of the Contract:
Document
6.
Date
Title
Pages
The following Specifications:
CDOT Standard Specifications for Road and Bridge Construction
Latest Edition (Inclusive of all section revisions)
Founders Pkwy (SH 86)/ Copper Cloud Dr/ Black Pine and Ridge Rd/ King
Soopers Access Traffic Signal Special Provisions - 45 pages (March. 4, 2016)
1
7.
The following Drawings:
Project Design Plans Dated March 21, 2016 - 20 Sheets
8.
9.
10.
Notice of Award;
Invitation to Bid;
Information and Instructions to Bidders;
11.
12.
13.
14.
Notice of Substantial Completion;
Notice of Construction Completion;
Proposal Forms, including Bid Schedules;
Performance, and Labor and Material Payment Bonds;
15.
Performance Guarantee; and
16.
Insurance Certificates.
CONTRACT PRICE. The Town shall pay the Contractor for performing the Work and the
completion of the Project according to the Contract, subject to Change Orders as approved in
writing by the Town, under the guidelines in the General Conditions. The Town will pay Three
Hundred Seventy Two Thousand Four Hundred Seven and 00/100 DOLLARS, (Contract Price),
to the Contractor, subject to full and satisfactory performance of the terms and conditions of the
Contract. The Contract Price is provisional based on the quantities contained in the Bid attached
as Exhibit 1. The final Contract Price shall be adjusted to reflect actual quantities incorporated
into the Work at the specified unit prices. The Town has appropriated money equal or in excess
of the Contract Price for this work.
COMPLETION OF WORK. The Contractor must begin work covered by the Contract within
10 calendar days, and must complete work within 60-working days from and including the date
of Notice to Proceed, according to the General Conditions. The Work should be completed by
August 5. 2016.
LIQUIDATED DAMAGES. If the Contractor fails to substantially complete the Work by the
date set for substantial completion in the Contract, or if the completion date is extended by a
Change Order, by the date set in the Change Order, the Town may permit the Contractor to
proceed, and in such case, may deduct the sum of $500 for each day that the Work shall remain
uncompleted from monies due or that may become due the Contractor. This sum is not a penalty
but is a reasonable estimate of liquidated damages.
The parties agree that, under all of the circumstances, the daily basis and the amount set for
liquidated damages is a reasonable and equitable estimate of all the Town's actual damages for
delay. The Town expends additional personnel effort in administering the Contract or portions
of the Work that are not completed on time, and has the cost of field and office engineering,
inspecting, and interest on financing and such efforts and the costs thereof are impossible to
accurately compute. In addition, some, if not all, citizens of Castle Rock incur personal
inconvenience and lose confidence in their government as a result of public projects or parts of
them not being completed on time, and the impact and damages, certainly serious in monetary as
well as other terms are impossible to measure.
SERVICE OF NOTICES. Notices to the Town are given if sent by registered or certified mail,
postage prepaid, to the following address:
TOWN OF CASTLE ROCK
Town Attorney
100 N. Wilcox Street
Castle Rock, CO 80104
INSURANCE PROVISIONS. The Contractor must not begin any work until the Contractor
obtains, at the Contractor's own expense, all required insurance as specified in the General
Conditions. Such insurance must have the approval of the Town of Castle Rock as to limits,
form and amount.
RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify, save
harmless, and defend the Town, its officers and employees, from and in all suits, actions or
claims of any character brought because of: any injuries or damage received or sustained by any
person, persons or property because of operations for the Town under the Contract; including but
not limited to claims or amounts recovered from any infringements of patent, trademark, or
copyright; or pollution or environmental liability. The Town may retain so much of the money
due the Contraetor under the Contract, as the Town considers necessary for such purpose. If no
money is due, the Contractor's Surety may be held until such suits, actions, claims for injuries or
damages have been settled. Money due the Contractor will not be withheld when the Contractor
produces satisfactory evidence that the Contractor and the Town are adequately protected by
public liability and property damage insurance.
The Contractor also agrees to pay the Town all expenses, including attorney's fees, incurred to
enforce this Responsibility for Damage Claim clause.
Nothing in the INSURANCE PROVISIONS of the General Conditions shall limit the
Contractor's responsibility for payment of claims, liabilities, damages, fines, penalties, and costs
resulting from its performance or nonperformance under the Contract.
STATUS OF CONTRACTOR. The Contractor is performing all work under the Contract as
an independent Contractor and not as an agent or employee of the Town. No employee or
official of the Town will supervise the Contractor. The Contractor will not supervise any
employee or official of the Town. The Contractor shall not represent that it is an employee or
agent of the Town in any capacity. The Contractor and its employees are not entitled to
Town Workers' Compensation benefits and are solely responsible for federal and state
income tax on money earned. This is not an exclusive contract.
THIRD PARTY BENEFICIARIES. None of the terms or conditions in the Contract shall give
or allow any claim, benefit, or right of action by any third person not a party to the Contract.
Any person, exceptthe Town or the Contractor, receiving services or benefits underthe Contract
is an incidental beneficiary only.
INTEGRATION. This contract integrates the entire understanding of the parties with respect to
the matters set forth. No representations, agreements, eovenants, warranties, or eertifications,
express or implied, shall exist as between the parties, except as specifically set forth in this
Contract.
DEFINITIONS. The Definitions in the General Conditions apply to the entire Contract unless
modified within a Contract Document.
Executed this
,2016.
ATTEST:
TOWN OF CASTLE ROCK
Sally A. Misare, Town Clerk
Paul Donahue, Mayor
>cr-T^
APPROVED AS TO FORM:
Robe^^ Slentk Town Attorney
WL Contractors, Inc.
{Insert either the Corporate or Partnership Certificate, as appropriate)
EXHIBIT 1
(BID)
BID SCHEDULE
TTHH
FTEM#
QIY.
UNII $
UIY.S
4,194.40
202-00250
REMOVAL OF PAVEMENT MARKING
SF
1,498
2.80
202-00810
REMOVAL OF GROUND SIGN
EACH
3
80.00
240.00
203-QIS97
POTHOUNG
HOUR
16
215.00
3,440.00
5,340.00
4,000.00
20S-QQ03S
AGGREGATE BAG
LF
600
8.90
208-00045
CONCRETE WASHOUT STRUCTURE
EA
2
2,000.00
2084)0051
STORM DRAIN INLET PROTECTION CTYPE 1)
208-00106
SWEEPING (SEDIMENT REMOVAL)
DRILLED CAISSON (18 INCH)
503-00018
613-01300
DRILLED CAISSON P6 INCH)
DRILLED CAISSON (48 INCH)
2 INCH ELECTRIOU- CONDUIT (BORED)
3 INCH ELECTRICAL CONDUIT (BORED)
2 INCH ELECTRICAI- CONDUIT (PLASTIC)
3 INCH ELECTRICAL CONDUIT (PLASnC)
613-07003
TYPE THREE PULI, BOX
503-00036
503-00048
613-00206
613-00306
6I3-OI20O
LF
30
27.00
810.00
HOUR
20
60.00
UOO.OO
1,200.00
33,250.00
6,300.00
33,000.00
29,545.00
2,736.00
1,476.00
7,800.00
6,600.00
2,800.00
7,700.00
5,400.00
6.400.00
LF
10
120.00
LF
133
250.00
LF
21
300.00
LF
15.00
LF
2,200
1,555
LF
190
14.40
19.00
LF
90
16.40
EACH
8
975.00
613-07004 TYPE FOUR PULL BOX
EACH
6
613-07005
EACH
2
1,100.00
1,400.00
7,700.00
TYPE FIVE PULL BOX
613-10000
WIRING
LS
1
613-13000
LUMINAIRB(LED)
BACH
6
9QO.QO
613-50150
SECONDARY SERVICE PEDESTAL
EACH
2
3,200.00
614-0001I
SIGN PANEL ((EASS1)
SIGN PANEL(CLASS E)
614-01573 STEEL SIGN' SUPPORT (2-1/2 INCH ROUND NP-40) (POST & SLIPBASE)
614-00012
SF
23
35.40
814.20
SF
91
37.00
3,367.00
EACH
1
460.00
460.00
PEDESTRIAN SIGNAL FACE (16) (COUNTDOWN)
614-70336 TRAFFIC SIGNAL FACE (12-12-12)
EACH
10
580.00
EACH
20
720.00
614-70448
TRAFFIC SIGNAL FACE (12-12-12-12)
EACH
10
1,100.00
614-72860
PEDESTRIAN PUSH BUTTON
EACH
7
210.00
614-72863
PEDESTRIAN PUSH BUTTON POST ASSEMBLY
EACH
3
1,275.00
614-72864
FEtE PREEMPTION UNIT
EACH
2
8,310.00
614-72875
LOOP DETECnON WEtE
LF
2.660
2.80
5,800.00
14,400.00
11,000.00
1,470.00
3,825.00
16.620.00
7,448.00
614-72886
EACH
I
EACH
6
EACH
2
25,000.00
1,700.00
2.500.00
EACH
5
950.00
614-82011
INTERSECmON DETECTION SYSTEM (CAMERA)
TRAFFIC SIGNAL VEHICLE DETECTOR (MICRO TYPE) (NON-INVASIVE)
TRAFFIC SKjNAL CONTROLLER AND CABDIET (INSTALL ONLY)
TRAFHC SIGNAL-LIGHT POLE STEEL (I MAST ARM) (INSTALL ONLY)
TRAFHC SIGNAL POLE STEEL (1 MAST ARM) (INSTALL ONLY)
EACH
2
740.00
614-84450
TRAFFIC SIGNAL PEDESTAL POLE STEEL (n>ISTALL ONLY)
EACH
2
180.00
360.00
614-86105
TELEMETRY (FIELD)
EACH
2
6,500.00
13,000.00
12,400.40
3,795.00
4.776,50
1,845.00
21,509.00
6.475.00
3,060.00
17,550.00
614-70150
614-72889
614-75848
614-81011
626-00000
MOBILIZATION
627-00004
EPOXY PAVEMENT MARKING
PREFORMED PLASTIC PAVEMENT MARKING (TYPE I)
627-30405 PREFORMED THERMOPLASTIC PAVEMENT MARKING (WORD-SYMBOL)
627-30410 PREFORMED THERMOPLASTIC PAVEMENT MARKING (XWALK-STOPLINE)
627-01001
630-00000
T«I
UNir
FLAGGING
LS
1
12.400.40
GAL
11
345.00
SF
233
20.50
SF
75
24.60
SF
1,570
13.70
HOUR
175
37.00
25,000.00
10,200.00
5,000.00
4,750.00
1,480.00
630-00007
TRAFFIC CONTROL INSPECTION
DAY
18
170.00
630-00012
TRAFHC CONTROL MANAGEMENT
DAY
45
390.00
630-80341
CDNSTRUCnON TRAFHC SIGN (PANEL SIZE A)
CONSTRUCTION TRAFHC SIGN (PANEL- SIZE B)
63(380343 CONSTRUCTION TRAFFIC SIGN (PANEL SIZE O
EACH
22
42.00
924.00
630-80342
EACH
4
75.00
300.00
384.00
EACH
4
96.00
630-80360
DRUM (CHANNELIZING DEVICE
EACH
30
27.50
825.00
630-80380
TRAFHC CONE
EACH
75
20.50
630-85041
MOBILE ATTENUATOR
DAY
4
900.00
700-70010
F/A MINOR CONTRACT REVISIONS
FA
1
700-70082
F/A FURNISH AND INSTALL ELECTRICAL SERVICE
FA
1
25,000.00
4.0QO.OO
1.537.50
3.600.00
25,000.00
4,000.00
700-70380
EROSION CONTROL SUPERVISOR
FA
1
l.OOO.OQ
.vA
13
J
JS
TOTAL>
1,000.00
397.407.q
^i^Hv
Town of Castle Rock
Town of
^
r Castle Rock
COLOBAOO
Agenda Memorandum
Agenda Date: 5/3/2016
Item #: 9 File #: RES 2016-044
To:
Honorable Mayor and Members of Town Council
From:
Brian Tennent, Traffic Operations Engineer
Resolution Approving an Agreement between the Town of Castle Rock and WL
Contractors, Inc. for Traffic Signal Installation (Founders Parkway/CopjDer Cloud Drive,
Founders Parkway/Black Pine Drive and Ridge Road / King Soopers Intersections)
Executive Summarv
Each year the Transportation Planning and Traffic Engineering Division evaluates the need for a
traffic signal at intersections through a warrant analysis. Two intersections located in the southeast
portion of Castle Rock are planned to begin construction of a new traffic signal in the spring of 2016.
They are:
•
•
Founders Parkway (Hwy 86) at Black Pine Drive / Copper Cloud Drive
Ridge Road at King Soopers
The purpose of this memo is to request approval for the selected contractor, and allocation of funds
to complete the signalization of the listed intersections. WL Contractors provided the lowest
construction bid at $372,407. Funding for the purchase of the equipment and for the completion of
the installations is included within the Division's Capital Improvement budget (Account 120-3175431.75-26).
Our plan is to complete construction of both of these signals by September, 2016. With the signal
pole order already in place the remainder of the equipment and supplies will be furnished by the
contractor awarded to construct the signals.
Notification and Outreach Efforts
Staff has worked with Community Relations in order to provide public outreach to citizens on status
updates for the project with regard to the completion of the Founders Parkway and Black Pine Drive /
Copper Cloud, and Ridge Road at King Soopers intersections. Public outreach occurred in the form
of updates at HOA meetings and postcard mailers. The postcard mailer went out to the residents in
the area in March 2016.
Historv of Past Town Council. Boards & Commissions, or Other Discussions
Town of Castle Rock
Page 1 of 3
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Item #: 9 File #: RES 2016-044
There will be a presentation at the May 2"*^, 2016 Public Works Commission to obtain the
Commission's recommendation to Town Council for the installation of a traffic signal at Founders
Parkway (Hwy 86) and Black Pine Drive / Copper Cloud Drive, and Founders Parkway (Hwy 86) and
Ridge Road. The Commission's recommendation will be provided to Town Council as part of the
presentation materials.
Discussion
The Town's goal for the Traffic Signal Capital Improvement Program is to identify locations that a
traffic signal will improve operation efficiency and safety. Staff performs engineering evaluations at
various intersections on an annual basis in order to make sure these goals are being achieved.
Through the help of the Federal Highway Administration's (FHWA) Manual on Uniform Traffic Control
Devices (MUTCD) staff uses this to help aide in determining if a signal is an appropriate means of
traffic control at a given location.
Attachment B sho\NS the location of the two intersections set to be signalized as part of the 2016
construction projects. The completed engineering evaluations suggest that a signal be
recommended at both of these intersections. The total delay and overall efficiency will be improved
for vehicles accessing Founders Parkway and Ridge Road.
The following shows the engineer's estimate and contractor bid results for clarity and illustration
purposes.
Remaining 2016 Budget (less signal pole purchase): $397,005
WL Contractors:
$372,407
Sturgeon Electric:
$383,838
Two bids were received for this project. The low bid was checked for accuracy, along with
references, and documents reviewed for contract compliance. It is believed that all contractors that
submitted a bid are fully competent to complete the work. Based on this, staff recommends WL
Contractors based on their bid, and quality of work on past projects for the Town. Construction will
be complete by the end of summer.
Budget Impact
\
The 2016 Traffic Signal Capital Improvement budget contains $480,000 for traffic signal installations.
A total of $121,000 of this total budget will be funded from developer contributions from the Castle
Oaks development. In order to help reduce costs and speed up the installation schedule signal poles
and mast arms were ordered in advance, as well as the traffic signal cabinets. The remaining
amount in the budget for this project is $397,005. The total encumbrance amount requested in the
Town of Castle Rock
Page 2 of 3
Printed on 4/28/2016
powered by Legistar™
Item #: 9 File #: RES 2016-044
attached Resolution {Attachment A) Is $387,407. This includes a contingency amount of $15,000.
The full recommended encumbrance is under the available budget.
Staff Recommendation
Staff recommends approval of the attached resolution to contract with WL Contractors Incorporated
for the completion of the 2016 traffic signal construction projects.
Proposed Motion
"Imove to approve a Resolution approving an Agreement between the Town of Castle Rock and WL
Contractors, Inc. for Traffic Signal Installation (Founders Parkway/Copper Cloud Drive, Founders
Parkway/Black Pine Drive and Ridge Road/King Soopers Intersections)"
Attachments
Attachment A: Resolution
Attachment B: Traffic Signal Installation Location Map
Town of Castle Rock
Page 3 of 3
Printed on 4/28/2016
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Castle Rock
2016 New Traffic Signal Installations
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New Signal at
Copper Cloud &
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New Signal at
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