De Beque backs down on Caretto annexation
The De Beque Town Board of Trustees voted Monday to rescind the annexation and the zoning of one of three properties that Mesa County has challenged in district court.
The Caretto 1 and 2 annexations and rezonings were repealed by the board of trustees for two reasons: The town failed to record the annexation with the Mesa County Clerk and Recorder’s Office; and the applicant for annexation, James D. West (who owns a trucking company), did not submit an annexation agreement to the town and has since indicated he no longer wants his 70-plus-acre property annexed into De Beque.
“We did not record it because we did not have a pre-annexation agreement,” De Beque Mayor Dale Rickstrew said.
The De Beque trustees voted to annex and rezone the Caretto property from agricultural to industrial May 22.
On June 21 Mesa County filed suit, objecting to the annexation. The county contended the town was spot zoning outside its jurisdiction, the May 22 public meeting was not properly noticed, the town does not have a proper annexation impact report, and the town failed to print a proper description of the property in public legal notices.
In a Sept. 12 filing with Mesa County District Court Judge David Bottger by De Beque town attorney Ed Sands, the town acknowledges the annexation’s shortcomings.
“The town of De Beque fully acknowledges that it has not filed for recording copies of the annexation ordinances and annexation maps for the Caretto parcels with the Mesa County Clerk and Recorder,” according to Sands’ filing.
“The annexation ordinances were adopted on condition that the applicant for annexation would enter into an annexation agreement with the town. The applicant (Jim West) has refused to execute said annexation agreement and has now indicated that he no longer desires to pursue annexation at this time.”
The other two De Beque-area properties being challenged in court by Mesa County are the Vaughn and New Castle properties.