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Home My WebLink About20090591.tiffRESOLUTION RE: APPROVE NINE PETITIONS AND ANNEXATION AGREEMENT FOR PORTIONS OF COUNTY ROADS 4, 6, AND 27 AND AUTHORIZE CHAIR TO SIGN - CITY OF BRIGHTON WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on March 9, 2009, the Board was presented with nine Petitions and an Annexation Agreement for Portions of County Roads 4, 6, and 27, from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, to the City of Brighton, Colorado, and WHEREAS, at said meeting, the Board deemed it advisable to continue the matter for 24 hours and scheduled a Special Emergency Meeting on Tuesday, March 10, 2009, to allow representatives from the City of Brighton and the City of Fort Lupton to negotiate an Intergovernmental Agreement between the two municipalities, and WHEREAS, at said Special Emergency Meeting on March 10, 2009, the Board reviewed the Annexation Agreement with the City of Brighton, which addresses the annexation of the described sections of road, and finds the same to be acceptable and appropriate, and WHEREAS, after review, the Board deems it advisable to approve said petitions and agreement, copies of which are attached hereto and incorporated herein by reference, with the condition that the documents will be signed upon receipt of evidence of an executed Intergovernmental Agreement between the Cities of Brighton and Fort Lupton. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the nine Petitions and Annexation Agreement for portions of County Roads 4, 6, and 27, from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, to the City of Brighton, Colorado, be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said petitions and agreement upon receipt of evidence of an executed Intergovernmental Agreement between the Cities of Brighton and Fort Lupton. pO, ndt� braTh� 2009-0591 EG0060 C):3/ailo7 PETITIONS AND ANNEXATION AGREEMENT FOR PORTIONS OF COUNTY ROADS 4, 6, AND 27 - CITY OF BRIGHTON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of March, A.D., 2009. Weld County Clerk Deputy Clerk t. e Bo APPROVED AS TO FORM: o y Atto ey Date of signature - BOARD OF C NTY COMMISSIONERS WELDf4OY,, COLORADO arb_ara Kirkmeyer David E. Long 2009-0591 EG0060 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT is made and executed this day of March, 2009, by and between the COUNTY OF WELD, COLORADO (hereinafter referred to as "Annexor") and the CITY OF BRIGHTON, COLORADO (hereinafter referred to as "City"), for the annexation of portions of Weld County Roads 4, 6. and 27. WITNESSETH: WHEREAS, Annexor is the governmental entity which owns and controls certain real property which is part of various Weld County Roads located adjacent to City and more particularly described and shown in Exhibits A through I, which are attached hereto and incorporated herein by reference, and WHEREAS, Annexor has been requested to file petitions with the City for the purpose of annexing to the boundaries of the City the real property described in Exhibits A `irouift I (hereinafter referred to as "the Real Property"), and WHEREAS, Annexor desires to impose upon the City certain conditions relating to the proposed annexations and to the effectiveness of the referenced petitions, and WHEREAS. the City has reviewed and approved the conditions requested by Annexor and desires to make the proposed annexations subject to the conditions set forth hereinafter. NOW THEREFORE, in consideration of the foregoing premises and the covenants, promises and agreements of each of the parties hereto, to be kept and performed by each of them, it is agreed by and between the parties hereto as follows: 1. Submission of Annexation Petitions: Annexor has submitted to the City for its consideration certain annexation petitions for the annexation of the Rea] Property, with said petitions being incorporated herein by reference (hereinafter the "Annexation Petitions"). The Annexation Petitions have been submitted on the express condition that they will be approved by the City and the Real Property described shall be annexed to the City pursuant to the conditions set forth in Paragraph 2, hereunder. 2. Conditions Applicable to Annexations. It is expressly understood by the City that certain requirements are being imposed by Annexor as a condition precedent to the City's annexation of the Real Property. These conditions, to which City agrees in total, are as follows, which shall apply from and after the date of annexation of the Real Property: (a) City shall not impose any new weight limitation on the roads and bridges applicable to vehicles using the Real Property, other than those imposed under applicable State law, unless future engineering inspections of a road or bridge requires such weight restriction; (b) Except in case of emergency or for construction purposes, no attempt shall be made by the City to limit vehicular access or use of the Real Property so as to exclude farm or agricultural vehicles and equipment. 1 147O‘2- '.59, (c) Current ingress and egress to the Real Property for current uses shall continue to be allowed for such purposes, the intent being that annexation shall not impair or affect current access. 3. Weld County Road Maintenance Records. The Weld County Department of Public Works shall provide City with copies of its maintenance records and recommended schedules for all roads and bridges subject to this Annexation Agreement. 4. The Annexor hereby waives the production and provision of an annexation impact report for the annexed Real Property as provided in C.R.S. Section 31-12-108.50); and, the mailing of a copy of the petitions for annexation and/or resolutions related to the initiation of the annexation to the Weld County Board of County Commissioners and/or the Weld County Attorney as may be required in C.R.S. Section 31-12-108(2). 5. Entire Agreement. Tilt_ insirumcnt embodies the entire agreement of the pa.P. s with respect to the subject matter aereof. There arc nC. promises. to rrns, CeneMo.ns, obligations other than those contained herein:. and this Agreement shall supersede all previous communications, representations, or agreements. either verbal or written, between the parties hereto. No modification to this Agrcrmenn shall he valid unless agreed to in writing by the parties hereto. 6. Binding Effect. This I.greemem shall inure to the benefit o.' and be binding upon the panics hereto and their successors in interest. 7. No Third -Party Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned panics and nothing in this agreement shall give or allow any claim or right of action whatsoever by any other person not included in this agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this agreement shall be an incidental beneficiary only. 8. No Waiver of Immunities. No portion of this agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess. nor shall any portion of this agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this agreement. 9. Severability. If any term or condition of this agreement shall be held to be invalid, illegal or unenforceable, this agreement shall be construed and enforced without such a provision, to the extent this agreement is then capable of execution within the original intent of the parties. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officials to execute this Agreement the day and year first above written. ATTEST: Clerk to the Board De ATTST: By: Inez, City Clerk EXOR: Y OF WELD, a political Weld County of the c k. OF COLORADO: ,: r�Cf Bpi t am ''. Garcia, Chairman Board of County Commissioners, County of Weld CITY: MAR 1 0 2009 CITY OF BRIGHTON, a municipal corporation of the STATE OF COLORADO By: 2 � <T6,:afiice E. Pawlowski, Mayor 3 R _OS/// EXHIBIT A Legal Description Annexation 1 Being a portion of County Road 27 (60 foot wide per Quit Claim Deed of record in Book 149 at Page 364, records of the Recorder's Office, Weld County Colorado) located in the southeast one -quarter of Section 31, Township 1 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township 1 North, Range 66 West of the 6th Principal Meridian, being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, T1 N, R66W, S30/S29, 2007, PLS 25942" and at the center 1/4 corner by a recovered and accepted 1-1/4 inch axle, with the line considered to bear N89°32'31"E, a distance of 2,650.72 feet. Commencing at the west 1/4 corner of Section 29, Township 1 North, Range 66 West of the 6th Principal Meridian, thence S12°00'06"W across Sections 30 and 31 a distance of 6,237.65 feet to a point on the westerly line of said Weld County Road 27, also being the westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way, and the Point Of Beginning: Thence N13°15'09"E along said westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way and the westerly line of said Weld County Road 27 a distance of 60.00 feet; Thence leaving said westerly lines the following three (3) courses across said original 400 foot wide Union Pacific Railway Company right-of-way and across said Weld County Road 27: I. S76°18'51" E a distance of 30.00 feet; 2. S13°15'09"W along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 60.00 feet; 3. N76°18'51" W a distance of 30.00 feet to the Point Of Beginning. Containing a calculated area of 1,800 Square Feet or 0.041 acres, more or less. I, Charles Beresford, a Professional Land Surveyor in the State of Colorado, do hereby state that the above legal description was prepared by me or under my responsible charge, and on the basis of my knowledge, information and belief, is correct. Charles Beresford, Professional Land Surveyor Colorado Registration No. 35583 For and on behalf of Nolte Associates, Inc. 8000 S. Chester Street, Suite 200 Centennial, Colorado 80112 Page 1 of 1 EXHIBIT B Legal Description Annexation 2 Being a portion of County Road 27 (60 foot wide per Quit Claim Deed of record in Book 149 at Page 364, records of the Recorder's Office, Weld County, Colorado) located in the southeast one -quarter of Section 31, Township 1 North, Range 66 West of the 6h Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township 1 North, Range 66 West of the 6th Principal Meridian, being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, TIN, R66W, S30/S29, 2007, PLS 25942" and at the center 1/4 corner by a recovered and accepted 1-1/4 inch axle, with the line considered to bear N89°32'31"E, a distance of 2,650.72 feet. Commencing at the west 1/4 corner of Section 29, Township 1 North, Range 66 West of the 6th Principal Meridian, thence S11°59'22"W across Sections 30 and 31 a distance of 6,177.66 feet to a point on the westerly line of said Weld County Road 27, also being the westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way; Thence 576°18'51"E across said original 400 foot wide Union Pacific Railway Company right-of-way and across said County Road 27 a distance of 30.00 feet to the Point Of Beginning; Thence the following five (5) courses across said original 400 foot wide Union Pacific Railway Company right-of-way: 1. N13°15'09"E along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 180.00 feet; 2. S76°18'51"E a distance of 30.00 feet to the easterly line of said County Road 27; 3. 513°15'09"W along said easterly line and along a line 60.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 240.00 feet; 4. N76°18'51" W a distance of 30.00 feet; 5. N13° 15'09"E along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 60.00 feet to the Point Of Beginning; Containing a calculated area of 7,200 Square Feet or 0.165 acres, more or less. I, Charles Beresford, a Professional Land Surveyor in the State of Colorado, do hereby state that the above legal description was prepared by me or under my responsible charge, and on the basis of my knowledge. information and belief, is correct. Charles Beresford, Professional Land Surveyor Colorado Registration No. 35583 For and on behalf of Nolte Associates, Inc. 8000 S. Chester Street, Suite 200 Centennial. Colorado 80112 Page 1 of 1 EXHIBIT C Legal Description Annexation 3 Being a portion of County Road 27 (60 foot wide per Quit Claim Deed of record in Book 149 at Page 364, records of the Recorder's Office, Weld County, Colorado) located in the southeast one -quarter of Section 31, Township 1 North, Range 66 West of the 6`h Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township 1 North, Range 66 West of the 6th Principal Meridian, being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, TIN, R66W, 530/S29, 2007, PLS 25942" and at the center 1/4 corner by a recovered and accepted 1-1/4 inch axle, with the line considered to bear N89°32'31"E, a distance of 2,650.72 feet . Commencing at the west % corner of Section 29, Township 1 North, Range 66 West of the 6th Principal Meridian, thence S11°59'22"W across Sections 30 and 31 a distance of 6,177.66 feet to a point on the westerly line of said Weld County Road 27, also being the westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way, and the Point Of Beginning: Thence N13°15'09"E along said westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way and the westerly line of said Weld County Road 27 a distance of 600.00 feet; Thence leaving said westerly lines the following three (3) courses across said original 400 foot wide Union Pacific Railway Company right-of-way and across said Weld County Road 27: 1. S76°18'51" E a distance of 30.00 feet; 2. S13°15'09"W along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 600.00 feet; 3. N76° I8'51"W a distance of 30.00 feet to the Point Of Beginning. Containing a calculated area of 17,999 Square Feet or 0.413 acres, more or less. I, Charles Beresford, a Professional Land Surveyor in the State of Colorado, do hereby state that the above legal description was prepared by me or under my responsible charge, and on the basis of my knowledge, information and belief, is correct. Charles Beresford, Professional Land Surveyor Colorado Registration No. 35583 For and on behalf of Nolte Associates, Inc. 8000 S. Chester Street, Suite 200 Centennial, Colorado 80112 Page 1 of 1 EXHIBIT D Legal Description Annexation 4 Being a portion of County Road 27 (60 foot wide per Quit Claim Deed of record in Book 149 at Page 364, records of the Recorder's Office, Weld County, Colorado) located in the east one-half of Section 31, Township 1 North, Range 66 West of the 6'h Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township 1 North, Range 66 West of the 6`h Principal Meridian, being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, T1N, R66W, S30/529, 2007, PLS 25942" and at the center 1/4 corner by a recovered and accepted 1-1/4 inch axle, with the line considered to bear N89°32'31 "E, a distance of 2,650.72 feet. Commencing at the west 1/4 corner of Section 29, Township 1 North, Range 66 West of the 6th Principal Meridian, thence S11°51' 13"W across Sections 30 and 31 a distance of 5,577.82 feet to a point on the westerly line of said Weld County Road 27, also being the westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way; Thence S76°18'51"E across said original 400 foot wide Union Pacific Railway Company right-of-way and across said County Road 27 a distance of 30.00 feet to the Point Of Beginning; Thence the following five (5) courses across said original 400 foot wide Union Pacific Railway Company right-of-way: 1. NI 3°15'09"E along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 900.00 feet; 2. S76°18'51"E a distance of 30.00 feet to the easterly line of said County Road 27; 3. 513°15'09"W along said easterly line and along a line 60.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 1,320.00 feet; 4. N76°18'51"W a distance of 30.00 feet; 5. N13°15'09"E along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 420.00 feet to the Point Of Beginning; Containing a calculated area of 39,600 Square Feet or 0.909 acres, more or less. I, Charles Beresford, a Professional Land Surveyor in the State of Colorado, do hereby state that the above legal description was prepared by me or under my responsible charge, and on the basis of my knowledge, information and belief, is correct. Charles Beresford, Professional Land Surveyor Colorado Registration No. 35583 For and on behalf of Nolte Associates, Inc. 8000 S. Chester Street, Suite 200 Centennial, Colorado 80112 Page 1 of 1 EXHIBIT E Legal Description Annexation 5 Being a portion of County Road 27 (60 foot wide per Quit Claim Deed of record in Book 149 at Page 364, records of the Recorder's Office, Weld County, Colorado) located in the east one-half of Section 31, Township 1 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township 1 North, Range 66 West of the 6`h Principal Meridian, being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, TIN, R66W, S30/S29, 2007, PLS 25942" and at the center 1/4 corner by a recovered and accepted 1-1/4 inch axle, with the line considered to bear N89°32'31"E, a distance of 2,650.72 feet. Commencing at the west %< corner of Section 29, Township 1 North, Range 66 West of the 6th Principal Meridian, thence S 11°51' 13"W across Sections 30 and 31 a distance of 5,577.82 feet to a point on the westerly line of said Weld County Road 27, also being the westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way, and the Point Of Beginning: • Thence N13°15'09"E along said westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way and the westerly line of said Weld County Road 27 a distance of 2,760.00 feet; Thence leaving said westerly lines the following three (3) courses across said original 400 foot wide Union Pacific Railway Company right-of-way and across said Weld County Road 27: 1. S76°18'51"E a distance of 30.00 feet; 2. S13°15'09"W along a line 30 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 2,760.00 feet; 3. N76°18'51 "W a distance of 30.00 feet to the Point Of Beginning. Containing a calculated area of 82,798 Square Feet or 1.901 acres, more or less. I, Charles Beresford, a Professional Land Surveyor in the State of Colorado, do hereby state that the above legal description was prepared by me or under my responsible charge, and on the basis of my knowledge, information and belief, is correct. Charles Beresford, Professional Land Surveyor Colorado Registration No. 35583 For and on behalf of Nolte Associates, Inc. 8000 S. Chester Street, Suite 200 Centennial, Colorado 80112 Page 1 of 1 EXHIBIT F Legal Description Annexation 6 Being a portion of County Road 27 (right-of-way varies) and County Road 4 (right-of-way varies) located in southwest one -quarter of Section 29, the southeast one -quarter of Section 30, the northeast one -quarter of Section 31 and the northwest one -quarter of Section 32, all in Township 1 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township 1 North, Range 66 West of the 6th Principal Meridian, being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, TIN, R66W, S30/S29, 2007, PLS 25942" and at the center 1/4 corner by a recovered and accepted 1-1/4 inch axle, with the line considered to bear N89°32'31 "E, a distance of 2,650.72 feet. Commencing at the west 1/4 corner of Section 29, Township 1 North, Range 66 West of the 6th Principal Meridian, thence S10°29'03"W across Sections 30 and 31 a distance of 2,819.45 feet to a point on the westerly line of said Weld County Road 27 as described in Quit Claim Deed of record in Book 149 at Page 364, records of the Recorder's Office, Weld County, Colorado, also being the westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way; Thence S76°18'51"E across said original 400 foot wide Union Pacific Railway Company right-of-way and across said County Road 27 a distance of 30.00 feet to the Point Of Beginning; Thence N13°15'09"E along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way and said westerly line of County Road 27, a distance of 1,373.74 feet; Thence 576°44'51"E a distance of 30.00 feet to the easterly line of said County Road 27 as described in said Quit Claim Deed of record in Book 149 at Page 364; Thence S13°15'09"W along said easterly line of County Road 27 a distance of 1,197.36 feet to the intersection of said easterly line of County Road 27 with the north line of County Road 4 (right-of-way varies); Thence the following two (2) courses along said north line of County Road 4: 1. N89°16'45"E a distance of 449.08 feet; 2. N89°33'59"E a distance of 1,944.47 feet; Thence leaving said north line of County Road 4, S00°26'01"E a distance of 60.00 feet to the south line of said County Road 4; Thence the following four (4) courses along said south line of County Road 4: 1. S89°33'59"W a distance of 1,299.62 feet; 2. S00°23'22"E a distance of 10.00 feet; 3. S89°33'59"W a distance of 644.65 feet; 4. S89° 16'45"W a distance of 466.35 feet to said easterly line of said County Road 27; Thence S13°15'09"W along said easterly line of said County Road 27 a distance of 1,964.48 feet; Page 1 of 2 Thence leaving said easterly line of County Road 27, N76°18'51"W a distance of 30,00 feet; Thence N13°15'09"E along a line 30.00 feet easterly of and parallel to (as measured at right angles) the westerly line of said County Road 27, a distance of 1,860.00 feet to the Point Of Beginning. Containing a calculated area of 252,167 Square Feet or 5.789 acres, more or less. I, Charles Beresford, a Professional Land Surveyor in the State of Colorado, do hereby state that the above legal description was prepared by me or under my responsible charge, and on the basis of my knowledge, information and belief, is correct. Charles Beresford, Professional Land Surveyor Colorado Registration No. 35583 For and on behalf of Nolte Associates, Inc. 8000 S. Chester Street, Suite 200 Centennial, Colorado 80112 Page 2 of 2 EXHIBIT G Legal Description Annexation 7 Being a portion of County Road 27 (width varies) located in the southwest one -quarter of Section 29, the east one-half of Section 30 and the northeast one -quarter of Section 31, all in Township 1 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township 1 North, Range 66 West of the 6`h Principal Meridian, being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, TIN, R66W, 530/529, 2007, PLS 25942" and at the center 1/4 corner by a recovered and accepted 1-1/4 inch axle, with the line considered to bear N89°32'31 "E, a distance of 2,650.72 feet. Beginning at the west 1< corner of Section 29, Township 1 North, Range 66 West of the 6th Principal Meridian; Thence S00°45'42"E along the east line of the southeast one -quarter of said Section 30 a distance of 562.61 feet to the intersection of the westerly line of the Union Pacific Railway Company 400 foot wide right-of-way and said east line of the southeast one -quarter of Section 30; Thence S 13°15'09"W along said westerly line of the Union Pacific Railway Company 400 foot wide right-of-way and the easterly line of County Road 27 a distance of 123.88 feet to the intersection of said westerly line of the Union Pacific Railway Company 400 foot wide right-of-way and the northwest corner of that parcel Quit Claimed in Book 149 at Page 364, records of the Recorder's Office, Weld County, Colorado; Thence the following two (2) courses along the northerly and easterly lines of said Quit Claim parcel and along the easterly line of said County Road 27: 1. S83°45' 16"E a distance of 60.45 feet; 2. S13°15'09"W a distance of 780.27 feet; Thence leaving said easterly line of County Road 27 and the Quit Claim parcel the following three (3) courses across said County Road 27: 1. N76°44'51 "W a distance of 30.00 feet; 2. S 13°15'09"W along a line 30.00 feet westerly of and parallel to (as measured at right angles) said easterly line of County Road 27 a distance of 1,373.74 feet; 3. N76°18'51"W a distance of 30.00 feet to the westerly line of said County Road 27; Page 1 of 2 Thence the following fourteen (14) courses along said westerly line of County Road 27: 1. N13° 15'09"E a distance of 314.11 feet; 2. N85°36'45"W a distance of 10.12 feet; 3. N13°15'09"E a distance of 973.35 feet; 4. N00°49'24"E a distance of 91.50 feet; 5. N13°29'24"E a distance of 45.41 feet to a point of curvature; 6. Thence along the arc of a curve to the left having a radius of 5,670.00 feet, a central angle of 09°24'29", an arc length of 931.02 feet, a chord of which bears N08°45'01 "E a chord distance of 929.98 feet; 7. N01°45'59"E a distance of 99.60 feet to a point of curvature; 8. Thence along the arc of a curve to the left having a radius of 5,679.00 feet, a central angle of 03°29'02", an arc length of 345.30 feet, the chord of which bears N0I°10'30"E a chord distance of 345.25 feet; 9. N00°34'01"W a distance of 18.29 feet; 10. S89°16'06"W a distance of 2.47 feet; 11. N00°35'37"W a distance of 118.87 feet; 12. N16°04'23"E a distance of 104.25 feet; 13. N89°22'22"E a distance of 6.47 feet; 14. N00°46'15"W a distance of 1,075.03 feet; Thence leaving said westerly line of County Road 27 the following two (2) courses across said County Road 27: 1. N89°13'45" E a distance of 30.00 feet to the east line of the northeast one -quarter of said Section 30; 2. S00°46' 15"E along said east line of the northeast one -quarter a distance of 1,293.88 feet to the Point Of Beginning. Containing a calculated area of 228,109 Square Feet or 5.237 acres, more or less. I, Charles Beresford, a Professional Land Surveyor in the State of Colorado, do hereby state that the above legal description was prepared by me or under my responsible charge, and on the basis of my knowledge, information and belief, is correct. Charles Beresford, Professional Land Surveyor Colorado Registration No. 35583 For and on behalf of Nolte Associates, Inc. 8000 S. Chester Street, Suite 200 Centennial, Colorado 80112 Page 2 of 2 EXHIBIT H Legal Description Annexation 8 Being a portion of County Road 27 (width varies) and County Road 6 (width varies) located in the southeast one -quarter of Section 19, the southwest one -quarter of Section 20, the west one-half of Section 29 and the northeast one -quarter of Section 30, all in Township 1 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township 1 North, Range 66 West of the 6th Principal Meridian, being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, TIN, R66W, S30/S29, 2007, PLS 25942" and at the center 1/4 corner by a recovered and accepted 1-1/4 inch axle, with the line considered to bear N89°32'31"E, a distance of 2,650.72 feet. Beginning at the west % corner of Section 29, Township 1 North, Range 66 West of the 6th Principal Meridian; Thence N00°46' 15"W along the east line of the northeast one -quarter of said Section 30 a distance of 1,293.88 feet; Thence leaving said east line of the northeast one -quarter S89°13'45"W a distance of 30.00 feet to the westerly line of said County Road 27; Thence N00°46' 15"W along said westerly line a distance of 1,316.11 feet to the south line of County Road 6 (width varies); Thence S89°39'55"W along said south line a distance of 305.01 feet to the existing corporation limits for the City of Ft. Lupton; Thence N00°46' 15"W along said corporation limits and across said County Road 6 a distance of 70.00 feet to the north line of said County Road 6; Thence leaving said corporation limits N89°39'55"E along said north line of County Road 6 a distance of 335.01 feet to the intersection said north line of County Road 6 and the east line of the southeast one - quarter of said Section 19; Thence S00°46' 15"E along said east line a distance of 10.00 feet; Thence N89°32'46"E continuing across said County Road 27 a distance of 30.00 feet to the to the intersection of said north line of said County Road 6 and the easterly line of said County Road 27; Thence S00°46' 15"E along said easterly line of County Road 27 a distance of 30.00 feet; Thence N89°32'46" E along a line 30.00 feet south of and parallel to (as measured at right angles) the north line of said County Road 6 a distance of 1,925.00 feet; Thence S00°27' 14"E a distance of 30.00 feet to the south line of said County Road 6; Page 1 of 2 Thence S89°32'46"W along said south line of County Road 6 a distance of 1,924.83 feet to the intersection of said south line of County Road 6 and said easterly line of County Road 27; Thence the following three (3) courses along said easterly line of County Road 27: 1. S00°46' l5"E a distance of 2,609.60 feet; 2. S00°45'35"E a distance of 372.87 feet; 3. S39°37'42"E a distance of 21.14 feet to the intersection of said easterly line of County Road 27 and the westerly line of the Union Pacific Railway Company 400 foot right-of-way; Thence S13°15'09"W continuing along said easterly line of County Road 27 and also along said westerly line of the 400 foot wide right-of-way a distance of 178.60 feet; Thence leaving said easterly line of County Road 27 and said westerly line of the 400 foot wide right-of- way N00°45'42"W along the east line of the southeast one -quarter of said Section 30 a distance of 562.61 feet to the Point Of Beginning. Containing a calculated area of 216,300 Square Feet or 4.966 acres, more or less. I, Charles Beresford, a Professional Land Surveyor in the State of Colorado, do hereby state that the above legal description was prepared by me or under my responsible charge, and on the basis of my knowledge, information and belief, is correct. Charles Beresford, Professional Land Surveyor Colorado Registration No. 35583 For and on behalf of Nolte Associates, Inc. 8000 S. Chester Street, Suite 200 Centennial, Colorado 80112 Page 2 of 2 EXHIBIT I Legal Description Annexation 9 Being a portion of County Road 6 (width varies) located in the northwest one -quarter of Section 29 and the southwest one -quarter of Section 20, all in Township 1 North, Range 66 West of the 6t° Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township 1 North, Range 66 West of the 6th Principal Meridian, being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, TIN, R66W, 530/S29, 2007, PLS 25942" and at the center 1/4 corner by a recovered and accepted 1-1/4 inch axle, with the line considered to bear N89°32'31"E, a distance of 2,650.72 feet. Commencing at the west 1 corner of Section 29, Township 1 North, Range 66 West of the 6th Principal Meridian, thence N00°07'42"W a distance of 2,669.78 feet to the intersection of the north line of said County Road 6 and the easterly line of County Road 27 (width varies) and the Point Of Beginning; Thence N89°32'46"E along the north line of said County Road 6 a distance of 2,634.01 feet to the east line of saidsouthwest one -quarter of Section 20; Thence S00°29'35"E along said east line a distance of 30.00 feet to the north'/ corner of said Section 29; Thence S00°29'35"E along the east line of said northwest one -quarter of Section 29 a distance of 30.00 feet to the south line of said County Road 6; Thence S89°32'46"W along said south line of County Road 6 a distance of 708.88 feet; Thence leaving said south line of County Road 6, N00°27' 14"W a distance of 30.00 feet; Thence S89°32'46"W along a line 30.00 feet south of and parallel to (as measured at right angles) said north line of County Road 6 a distance of 1,925.00 feet to the easterly line of said County Road 27; Thence N00°46' 15"W along said easterly line of County Road 27 a distance of 30.00 feet to the Point Of Beginning. Containing a calculated area of 100,284 Square Feet or 2.302 acres, more or less. I, Charles Beresford, a Professional Land Surveyor in the State of Colorado, do hereby state that the above legal description was prepared by me or under my responsible charge, and on the basis of my knowledge, information and belief, is correct. Charles Beresford, Professional Land Surveyor Colorado Registration No. 35583 For and on behalf of Nolte Associates, Inc. 8000 S. Chester Street, Suite 200 Centennial, Colorado 80112 Page 1 of 1 John R. Mehaffy (Retired) Margaret R. Brubaker Christopher M. Ernst fill MEHAFFY BRUBAKER & ERNST LLC Attorneys and Counselors at Law March 11, 2009 Esther Gesick Weld County Deputy Clerk 915 10th Street P.O. Box 758 Greeley, CO 80631 RE: Annexation Agreement with City of Brighton Dear Esther: 21 North 1st Avenue, Suite 290 Brighton, CO 80601 Phone 303.659.0731 Fax 303.659.0752 Pursuant to my email correspondence to you today, enclosed please find two originals of the Annexation Agreement which has been executed by the City of Brighton. Please return one original to me once it has been signed by the County. Thank you for your assistance in this matter. MRB/th Enclosures Sincerely yours, MEHAFFY BRUBAKER & ERNST LLC Margar4t R. Brubaker 21 N. 1st Avenue, Suite 290 Brighton, CO 80601 Phone (303) 659-0731 Fax (303) 659-0752 101 MEHAFFY BRUBAKER & ERNST LLC Attorneys and Counselors at Law mbrubaker(o mmllc.com MARGARET R. BRUBAKER, LLC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO APPROVING AN ANNEXATION AGREEMENT BETWEEN THE CITY OF BRIGHTON AND THE COUNTY OF WELD, COLORADO REGARDING THE ANNEXATION OF CERTAIN ROADS; AND AUTHORIZING THE MAYOR TO EXECUTE SAID ANNEXATION AGREEMENT ON BEHALF OF THE CITY RESOLUTION NO. 09 53 WHEREAS, Weld County is the governmental entity which owns and controls certain real property which is part of various Weld County Roads located adjacent to the City, to wit: portions of WCR 4, WCR 6 AND WCR 27; and WHEREAS, Brighton has asked Weld County to file petitions with the City for the purpose of annexing to the boundaries of the City said portions of WCR 4, WCR 6 and WCR 27, and Weld County has filed said petitions; and WHEREAS, Weld County has imposed certain conditions relating to the proposed annexations and the effectiveness of the referenced petitions; and WHEREAS, said conditions are more particularly set forth in the Annexation Agreement, a copy of which is attached hereto; and WHEREAS, Weld County and Brighton have finalized said Annexation Agreement in good faith and the City Council finds and determines that the terms of said Annexation Agreement are reasonable and fair and it is in the best interests of the City to enter into said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AS FOLLOWS: 1. The Annexation Agreement between the City of Brighton and the County of Weld, Colorado, a copy of which is attached hereto, is hereby approved. 2. The Mayor is authorized to execute said Annexation Agreement on behalf of the City. RESOLVED this 1.0ttday of March , 2009. CITY OF BRIGHTON, COL RADO /J frr wlowski, Mayor ATTEST: APPROVED AS TO FORM: artinez, City Clerk Margaret R. Brubaker, City Attorney ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT is made and executed this _ day of March, 2009, by and between the COUNTY OF WELD, COLORADO (hereinafter referred to as "Annexor") and the CITY OF BRIGHTON, COLORADO (hereinafter referred to as "City"), for the annexation of portions of Weld County Roads 4, 6, and 27. WITNESSETH: WHEREAS, Annexor is the governmental entity which owns and controls certain real property which is part of various Weld County Roads located adjacent to City and more particularly described and shown in Exhibits A through I, which are attached hereto and incorporated herein by reference, and WHEREAS, Annexor has been requested to file petitions with the City for the purpose of annexing to the boundaries of the City the real property described in Exhibits A through j (hereinafter referred to as "the Real Property"), and WHEREAS, Annexor desires to impose upon the City certain conditions relating to the proposed annexations and to the effectiveness of the referenced petitions, and WHEREAS, the City has reviewed and approved the conditions requested by Annexor and desires to make the proposed annexations subject to the conditions set forth hereinafter. NOW THEREFORE, in consideration of the foregoing premises and the covenants, promises and agreements of each of the parties hereto, to be kept and performed by each of them, it is agreed by and between the parties hereto as follows: 1. Submission of Annexation Petitions: Annexor has submitted to the City for its consideration certain annexation petitions for the annexation of the Real Property, with said petitions being incorporated herein by reference (hereinafter the "Annexation Petitions"). The Annexation Petitions have been submitted on the express condition that they will be approved by the City and the Real Property described shall be annexed to the City pursuant to the conditions set forth in Paragraph 2, hereunder, 2. Conditions Applicable to Annexations. It is expressly understood by the City that certain requirements are being imposed by Annexor as a condition precedent to the City's annexation of the Real Property. These conditions, to which City agrees in total, are as follows, which shall apply from and after the date of annexation of the Real Property: (a) City shall not impose any new weight limitation on the roads and bridges applicable to vehicles using the Real Property, other than those imposed under applicable State law, unless future engineering inspections of a road or bridge requires such weight restriction; 4 Deleted: H Deleted: , (b) Except in case of emergency or for construction purposes, ,po attempt shall be f Deleted: N made by the City to limit vehicular access or use of the Real Property so as to exclude farm or agricultural vehicles and equipment. (c) Current ingress and egress to the Real Property for current uses shall continue to be allowed for such purposes, the intent being that annexation shall not impair or affect current access. 3. Weld County Road Maintenance Records. The Weld County Department of Public Works shall provide City with copies of its maintenance records and recommended schedules for all roads and bridges subject to this Annexation Agreement. 4. The Annexor hereby waives the production and provision of an annexation impact report for the annexed Real Property as provided in C.R.S. Section 31-12-108.5(1); and, the mailing of a c?py of the petitions for annexation and/or resolutions related to the initiation of the annexation to the Weld County Board of County Commissioners and/or the Weld County Attorney as mit)/ be required in C.R.S. Section 31-12-108(2). Entire Agreement. This instrument embodies the entire agreement of the parties (Deleted:4 with respect to the subject matter hereof. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. No modification to this Agreement shall be valid unless agreed to in writing by the parties hereto. 6. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their successors in interest. I Deleted: 5 7. No Third -Party Enforcement. It is expressly understood and agreed that the IDeleted: 6 enforcement of the terms and conditions of this agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this agreement shall give or allow any claim or right of action whatsoever by any other person not included in this agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this agreement shall be an incidental beneficiary only. No Waiver of Immunities. No portion of this agreement shall be deemed to ( Deleted: 7 _ constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this agreement. Severability. If any term or condition of this agreement shall be held to be { Deleted: 8 invalid, illegal or unenforceable, this agreement shall be construed and enforced without such a provision, to the extent this agreement is then capable of execution within the original intent of the parties. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officials to execute this Agreement the day and year first above written. ANNEXOR: ATTEST: COUNTY OF WELD, a political Weld County Clerk to the Board subdivision of the STATE OF COLORADO: By: By: Deputy Clerk to the Board William F. Garcia, Chairman Board of County Commissioners, County of Weld CITY: ATTEST: CITY OF BRIGHTON, a municipal corporation of the STATE OF COLORADO By: By: Gayle Martinez, City Clerk Janice E. Pawlowski, Mayor 3 MRB Final Revision 3/5/09 PETITION FOR ANNEXATION PETITION FOR ANNEXATION TO THE CITY OF BRIGHTON, COLORADO OF A PORTION OF WELD COUNTY ROAD 27 (WCR 27) (MAP 1 ANNEXATION) The Board of County Commissioners of Weld County, on behalf of the County of Weld, being "Landowner" as defined in C.R.S. § 31-12-103(6), hereby Petitions the City of Brighton, Colorado ("City") for annexation for the following described property and further states: 1. The legal description of the land which Landowner requests to be annexed to the municipality is attached hereto as Exhibit "A", hereinafter referred to as the "Property." 2. The following requirements of C.R.S. § 31-12-104 exist or have been met: A. Not less than 1/6th of the perimeter of the Property is contiguous with the City of Brighton, as may be annexed serially. B. A community of interest exists between the Property and the City. The Property is urban or will be urbanized in the near future; and the Property is capable of being integrated into the City. 3. None of the limitations provided in C.R.S. § 31-12-105 are applicable and the requirements of that statute have been met because of the following: A. The annexation of the Property will not result in the Property being divided into separate parts or parcels under identical ownership without the written consent of the landowners thereof; B. No land area within the Properly held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising 20 acres or more and having a valuation for assessment in excess of $200,000 for ad valorem tax purposes has been included in the area of the Property to be annexed without the written consent of the landowners thereof; C. No annexation proceedings have been commenced for annexation of any part of the Property by any other municipality; D. The entire width of all streets and alleys to be included within the area to be annexed are included; E. The annexation of the Property will not result in the detachment of area from any school district or the attachment of same to another school district; F. Annexation by the City of the Property will not have the effect of, and will not result in, the denial of reasonable access to landowners, owners of an easement, or owners of a franchise adjoining a platted street or alley, sec,9-c52/ 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 City. 4. The annexation of the Property will not have the effect of extending a boundary of the City more than three miles in any direction from any point of the municipal boundary in the past twelve (12) months. 5. The Petitioner is the owner in fee of more than 50 percent of the area of the Property and comprises more than 50 percent of the landowners of the Property. The legal description of the land owned by each signer of this petition is shown on Exhibit A. 6. This Petition is accompanied by four (4) copies of an annexation boundary map in the form required by C.R.S. § 31-12-102(1)(d) and attached as Exhibit B. 7. The Landowner requests that the Property described in Exhibit A when annexed to the municipality be zoned Public Land. 8. The Petitioner, Board of County Commissioners of Weld County, does hereby waive the production and provision of an impact report related to this annexation as provided by C.R.S. § 31-12-108.5(1), and further waives any Notice required by C.R.S. § 13-12-108(2). 9. This instrument may be executed in one or more counterparts, all of which taken together shall constitute the same document. 2 PETITIONER: ATTEST: to the Board NTY OF WELD, a political Weld County Clerk :vision of the STAT.1= OF COLORADO: illiam . Garcia, Chairman Board of County Commissioners, County of Weld MAR 1 n 2009 STATE OF COLORADO ) ) ss. County of Weld The foregoing instrument was acknowledged before me this 10thday of March, by William F. Garcia, Chairman, Board of County Commissioners of Weld County. Witness my hand and official seal this 10 day of March D.. 2 My commission expires: 7//QTY eg 3 4....BFI Q OTA'Pk ':<� I • `•. "ti8t$' Orc.o..o MY COMMISs E%PINES: 4410.2012 �a)* Cs; EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PROPOSED FOR ANNEXATION OF A PORTION OF WELD COUNTY ROAD 27 (WCR 27) (MAP 1 ANNEXATION) 4 Legal Description Annexation 1 Being a portion of County Road 27 (60 foot wide per Quit Claim Deed of record in Book 149 at Page 364, records of the Recorder's Office, Weld County Colorado) located in the southeast one - quarter of Section 31, Township 1 North, Range 66 West of the 66 Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township I North, Range 66 West of the 61h Principal Meridian, being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, TIN, R66W, S30/S29, 2007, PLS 25942" and at the center 1/4 corner by a recovered and accepted 1- 1/4 inch axle, with the line considered to bear N89°32'31"E, a distance of 2,650.72 feet. Commencing at the west 'A corner of Section 29, Township 1 North, Range 66 West of the 6'h Principal Meridian, thence S12°00'06"W across Sections 30 and 31 a distance of 6,237.65 feet to a point on the westerly line of said Weld County Road 27, also being the westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way, and the Point Of Beginning: Thence N13°15'09"E along said westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way and the westerly line of said Weld County Road 27 a distance of 60.00 feet; Thence leaving said westerly lines the following three (3) courses across said original 400 foot wide Union Pacific Railway Company right-of-way and across said Weld County Road 27: 1. S76°18'51" E a distance of 30.00 feet, 2. S13°15'09"W S'09"W along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 60.00 feet; 3. N76°18'51" W a distance of 30.00 feet to the Point Of Beginning. Containing a calculated area of 1,800 Square Feet or 0.041 acres, more or less. I, Charles Beresford, a Professional Land Surveyor in the State of Colorado, do hereby state that the above legal description was prepared by me or under my responsible charge, and on the basis of my knowledge, information and belief, is correct. Charles Beresford, Professional Land Surveyor Colorado Registration No. 35583 For and on behalf of Nolte Associates, Inc. 8000 S. Chester Street, Suite 200 Centennial, Colorado 80112 Page I of 1 EXHIBIT B ANNEXATION BOUNDARY MAP OF PROPERTY PROPOSED FOR ANNEXATION OF A PORTION OF WELD COUNTY ROAD 27 (WCR 27) (MAP 1 ANNEXATION) 5 9 I a �i III it I ii; sq —tr.n Wit o un ea«,.t a.r--.. WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 5, 2009 Elmer D. and Dorothy A. Lane 1691 Egbert Street Brighton, CO 80601 Re: Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 1 Annexation) Dear Mr. and Mrs. Lane: This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 1 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10`h Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. Since ely, r� ce T. Barker Weld County Attorney Enc. pc: Clerk to the Board WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 5, 2009 Daniel J. and Linda A. Murphey 10601 E. 155th Ct. Brighton, CO 80601 Re: Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 1 Annexation) Dear Mr. and Mrs. Murphey: This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 1 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10th Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. Enc. pc: Clerk to the Board Weld County Attorney MRB Final Revision 3/5/09 PETITION FOR ANNEXATION PETITION FOR ANNEXATION TO THE CITY OF BRIGHTON, COLORADO OF A PORTION OF WELD COUNTY ROAD 27 (WCR 27) (MAP 1 ANNEXATION) The Board of County Commissioners of Weld County, on behalf of the County of Weld, being "IandownerLandowner" as defined in C.R.S. § 31-12-103(6), hereby Petitions the City of Brighton, Colorado ("City") for annexation for the following described property and further states: 1. The legal description of the land which Landowner request to be annexed to the municipality is attached hereto as Exhibit "A", hereinafter referred to as the "Property." 2. The following requirements of C.R.S. § 31-12-104 exist or have been met: A. Not less than 1/6th of the perimeter of the Property is contiguous with the City of Brighton, as may be annexed serially. B. A community of interest exists between the Property and the City. The Property is urban or will be urbanized in the near future; and the Property is capable of being integrated into the City. 3 None of the limitations provided in C.R.S. § 31-12-105 are applicable and the requirements of that statute have been met because of the following: A. The annexation of the Property will not result in the Property being divided into separate parts or parcels under identical ownership without the written consent of the landowners thereof; B. No land area within the Property held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising 20 acres or more and having a valuation for assessment in excess of $200,000 for ad valorem tax purposes has been included in the area of the Property to be annexed without the written consent of the landowners thereof; C. No annexation proceedings have been commenced for annexation of any part of the Property by any other municipality; D. The entire width of all streets and alleys to be included within the area to be annexed are included; E. The annexation of the Property will not result in the detachment of area from any school district or the attachment of same to another school district; F Annexation by the City of the Property will not have the effect of, and will not result in, the denial of reasonable access to landowners, owners of an easement, or owners of a franchise adjoining a platted street or alley, 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 City. 4. The annexation of the Property will not have the effect of extending a boundary of the City more than three miles in any direction from any point of the municipal boundary in the past twelve (12) months. 5. The Petitioners comprise is the owner in fee of more than 50 percent of the area of the Property and comprises more than 50 percent of the landowners of the Property. The legal description of the land owned by each signer of this petition is shown on Exhibit A. 6, This Petition is accompanied by four (4) copies of an annexation boundary map in the form required by C.R.S. § 31-12-102(1)(d) and attached as Exhibit B. 7. The landowner —Landowner requests that the Property described in Exhibit A when annexed to the municipality be zoned Public Land. 8. The Petitioner, Board of County Commissioners of Weld County, does hereby waive the production and provision of an impact report related to this annexation as provided by C.R.S. § 31-12-108.5(1); provided that, should any abutting landowner petition for annexation as-pro-v+ded in CRS. §31-12 105(1)(e), an impact report shall be required and the cost thereof paid for by the abutting landowners petitioning for annexation, and further waives any Notice required by C.R.S. 13-12-108(2). 9. This instrument may be executed in one or more counterparts, all of which taken togethershall constitute the same document. 2 PETITIONER: ATTEST: to the Board COUNTY OF WELD, a political Weld County Clerk subdivision of the STATE OF COLORADO: By: By: Deputy Clerk to the Board William F. Garcia, Chairman Board of County Commissioners, County of Weld STATE OF COLORADO County o Weld ) ss. The foregoing instrument was acknowledged before me this 16th day of March, by William Fi . Garcia, Chairman, Board of County Commissioners of Weld County. Witness my hand and official seal this day of , A.D., 2009. My commission expires: 3 MRB Final Revision 3/5/09 PETITION FOR ANNEXATION PETITION FOR ANNEXATION TO THE CITY OF BRIGHTON, COLORADO OF A PORTION OF WELD COUNTY ROAD 27 (WCR 27) (MAP 2 ANNEXATION) The Board of County Commissioners of Weld County, on behalf of the County of Weld, being "Landowner" as defined in C.R.S. § 31-12-103(6), hereby Petitions the City of Brighton, Colorado ("City") for annexation for the following described property and further states: 1. The legal description of the land which Landowner requests to be annexed to the municipality is attached hereto as Exhibit "A", hereinafter referred to as the "Property." 2. The following requirements of C.R.S. § 31-12-104 exist or have been met: A. Not less than 1/6th of the perimeter of the Property is contiguous with the City of Brighton, as may be annexed serially. B. A community of interest exists between the Property and the City. The Property is urban or will be urbanized in the near future; and the Property is capable of being integrated into the City. 3. None of the limitations provided in C.R.S. § 31-12-105 are applicable and the requirements of that statute have been met because of the following: A. The annexation of the Property will not result in the Property being divided into separate parts or parcels under identical ownership without the written consent of the landowners thereof; B. No land area within the Property held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising 20 acres or more and having a valuation for assessment in excess of $200,000 for ad valorem tax purposes has been included in the area of the Property to be annexed without the written consent of the landowners thereof; C. No annexation proceedings have been commenced for annexation of any part of the Property by any other municipality; D. The entire width of all streets and alleys to be included within the area to be annexed are included; E. The annexation of the Property will not result in the detachment of area from any school district or the attachment of same to another school district; F. Annexation by the City of the Property will not have the effect of, and will not result in, the denial of reasonable access to landowners, owners of an easement, or owners of a franchise adjoining a platted street or alley, ,,,cc 2- cs9/ 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 City. 4. The annexation of the Property will not have the effect of extending a boundary of the City more than three miles in any direction from any point of the municipal boundary in the past twelve (12) months. 5. The Petitioner is the owner in fee of more than 50 percent of the area of the Property and comprises more than 50 percent of the landowners of the Property. The legal description of the land owned by each signer of this petition is shown on Exhibit A. 6. This Petition is accompanied by four (4) copies of an annexation boundary map in the form required by C.R.S. § 31-12-102(1)(d) and attached as Exhibit B. 7. The Landowner requests that the Property described in Exhibit A when annexed to the municipality be zoned Public Land. 8. The Petitioner, Board of County Commissioners of Weld County, does hereby waive the production and provision of an impact report related to this annexation as provided by C.R.S. § 31-12-108.5(1), and further waives any Notice required by C.R.S. § 13-12-108(2). 9. This instrument may be executed in one or more counterparts, all of which taken together shall constitute the same document. 2 PETITIONER: ATTEST: to the Board STATE OF COLORADO ) ss. County of Weld TY OF WELD, a political Weld County Clerk Sion of the ST .'F COLORADO: lam F. ' ola, Chairman oard of County Commissioners, County of Weld MAR i n ZJ()c: The foregoing instrument was acknowledged before me this 1Othday of March, by William F. Garcia, Chairman, Board of County Commissioners of Weld County. Witness my hand and official seal this 10 day of March My commission expires: T//Lf 0/4 3 A.D., 21 '9. MY COMMISSION EXPIRES: 04102017 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PROPOSED FOR ANNEXATION OF A PORTION OF WELD COUNTY ROAD 27 (WCR 27) (MAP 2 ANNEXATION) 4 Legal Description Annexation 2 Being a portion of County Road 27 (60 foot wide per Quit Claim Deed of record in Book 149 at Page 364, records of the Recorder's Office, Weld County, Colorado) located in the southeast one - quarter of Section 31, Township 1 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township l North, Range 66 West of the 6"' Principal Meridian, being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, TIN, R66W, S30/S29, 2007, PLS 25942" and at the center 1/4 corner by a recovered and accepted 1- 1/4 inch axle, with the line considered to bear N89°32'31 "E, a distance of 2,650.72 feet. Commencing at the west 'A corner of Section 29, Township 1 North, Range 66 West of the 6'h Principal Meridian, thence S 11°59'22"W across Sections 30 and 31 a distance of 6,177.66 feet to a point on the westerly line of said Weld County Road 27, also being the westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way; Thence 576°18'51"E across said original 400 foot wide Union Pacific Railway Company right- of-way and across said County Road 27 a distance of 30.00 feet to the Point Of Beginning; Thence the following five (5) courses across said original 400 foot wide Union Pacific Railway Company right-of-way: 1. N 13° 15'09"E along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 180.00 feet; 2. S76° 18'51"E a distance of 30.00 feet to the easterly line of said County Road 27; 3. S I3° 15'09"W along said easterly line and along a line 60.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 240.00 feet; 4. N76°18'51" W a distance of 30.00 feet; 5. Nl3°15'09"E along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 60.00 feet to the Point Of Beginning; Containing a calculated area of 7,200 Square Feet or 0.165 acres, more or less. I, Charles Beresford, a Professional Land Surveyor in the State of Colorado, do hereby state that the above legal description was prepared by me or under my responsible charge, and on the basis of my knowledge, information and belief, is correct. Charles Beresford, Professional Land Surveyor Colorado Registration No. 35583 For and on behalf of Nolte Associates, Inc. 8000 S. Chester Street; Suite 200 Centennial, Colorado 80112 Page 1 of 1 EXHIBIT B ANNEXATION BOUNDARY MAP OF PROPERTY PROPOSED FOR ANNEXATION OF A PORTION OF WELD COUNTY ROAD 27 (WCR 27) (MAP 2 ANNEXATION) 5 b 4 X it II) gx e i(i iIII. I i�t l4' GIs i 1 " I illit 11 �.1 Ill egi 1 , A, , slio R �c ■ p jI!! I i 11. I ; ep os li P Yit ill a ! i :ii 3 POI ixil i' €}} l !, 1' I. �i 1I a ql iP i;'' +. _. E e ..p, °° v l=imp t; i iiii 14io yyq `E 111 :11,14 413 li ilk ir f 0 ; 'ail 9 �1 1j �� ihi pi ail 9993 %i flit 99IIII �R3 ggl ttl'id MI ii % .9”,'!' i -i Wi i 11-1 4 1511 ALEALM 041 3 • 6 • % i ail b• I 1y1 lai tft ureoara 11•1101 040 WV) GAM -112- -sweater •--,�-�� =-�ca� Mae COLORADO Reginaldo R. Martinez 401 WCR 27 Brighton, CO 80601 Dear Mr. Martinez: WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 5, 2009 Re: Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 2 Annexation) This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 2 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10t Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. ruc :arker Weld County Attorney Enc. pc: Clerk to the Board MRB Final Revision 3/5/09 PETITION FOR ANNEXATION PETITION FOR ANNEXATION TO THE CITY OF BRIGHTON, COLORADO OF A PORTION OF WELD COUNTY ROAD 27 (WCR 27) (MAP 3 ANNEXATION) The Board of County Commissioners of Weld County, on behalf of the County of Weld, being "Landowner" as defined in C.R.S. § 31-12-103(6), hereby Petitions the City of Brighton, Colorado ("City") for annexation for the following described property and further states: 1. The legal description of the land which Landowner requests to be annexed to the municipality is attached hereto as Exhibit "A", hereinafter referred to as the "Property." 2. The following requirements of C.R.S. § 31-12-104 exist or have been met: A. Not less than 1/6th of the perimeter of the Property is contiguous with the City of Brighton, as may be annexed serially. B. A community of interest exists between the Property and the City. The Property is urban or will be urbanized in the near future; and the Property is capable of being integrated into the City. 3. None of the limitations provided in C.R.S. § 31-12-105 are applicable and the requirements of that statute have been met because of the following: A. The annexation of the Property will not result in the Property being divided into separate parts or parcels under identical ownership without the written consent of the landowners thereof; B. No land area within the Property held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising 20 acres or more and having a valuation for assessment in excess of $200,000 for ad valorem tax purposes has been included in the area of the Property to be annexed without the written consent of the landowners thereof; C. No annexation proceedings have been commenced for annexation of any part of the Property by any other municipality; D. The entire width of all streets and alleys to be included within the area to be annexed are included; E. The annexation of the Property will not result in the detachment of area from any school district or the attachment of same to another school district; F. Annexation by the City of the Property will not have the effect of, and will not result in, the denial of reasonable access to landowners, owners of an easement, or owners of a franchise adjoining a platted street or alley, ;;Icy -052/ 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 City. 4. The annexation of the Property will not have the effect of extending a boundary of the City more than three miles in any direction from any point of the municipal boundary in the past twelve (12) months. 5. The Petitioner is the owner in fee of more than 50 percent of the area of the Property and comprises more than 50 percent of the landowners of the Property. The legal description of the land owned by each signer of this petition is shown on Exhibit A. 6. This Petition is accompanied by four (4) copies of an annexation boundary map in the form required by C.R.S. § 31-12-102(1)(d) and attached as Exhibit B. 7. The Landowner requests that the Property described in Exhibit A when annexed to the municipality be zoned Public Land. 8. The Petitioner, Board of County Commissioners of Weld County, does hereby waive the production and provision of an impact report related to this annexation as provided by C.R.S. § 31-12-108.5(1), and further waives any Notice required by C.R.S. § 13-12-108(2). 9. This instrument may be executed in one or more counterparts, all of which taken together shall constitute the same document. 2 PETITIONER: ATTEST: to the Board STATE OF COLORADO ) ) ss. County of Weld NTY OF WELD, a political Weld County Clerk sion of the STATE OF COLORADO: F. Garcia, Chairman card of County Commissioners, County of Weld MAR 1 0 22099 The foregoing instrument was acknowledged before me this lOttbay of March, by William F. Garcia, Chairman, Board of County Commissioners of Weld County. Witness my hand and official seal this 10 Jay of March , A.D., 20 9. My commission expires: '�//07.7W i j� Puso° tor cok MY COMMISSIuk EXPMES O4104011 3 O7CC%- c 52/ EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PROPOSED FOR ANNEXATION OF A PORTION OF WELD COUNTY ROAD 27 (WCR 27) (MAP 3 ANNEXATION) 4 Legal Description Annexation 3 Being a portion of County Road 27 (60 foot wide per Quit Claim Deed of record in Book 149 at Page 364, records of the Recorder's Office, Weld County, Colorado) located in the southeast one - quarter of Section 31, Township 1 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township 1 North, Range 66 West of the 6111 Principal Meridian, being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, TIN, R66W, S30/S29, 2007, PLS 25942" and at the center 1/4 corner by a recovered and accepted 1- 1/4 inch axle, with the line considered to bear N89°32'31"E, a distance of 2,650.72 feet . Commencing at the west Y. corner of Section 29, Township 1 North, Range 66 West of the 6th Principal Meridian, thence Sl l°59'22"W across Sections 30 and 31 a distance of 6,177.66 feet to a point on the westerly line of said Weld County Road 27, also being the westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way, and the Point Of Beginning: Thence N13° 15'09"E along said westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way and the westerly line of said Weld County Road 27 a distance of 600.00 feet; Thence leaving said westerly lines the following three (3) courses across said original 400 foot wide Union Pacific Railway Company right-of-way and across said Weld County Road 27: 1. S76°18'51" E a distance of 30.00 feet; 2. S13°15'09"W along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 600.00 feet; 3. N76°18'51"W a distance of 30.00 feet to the Point Of Beginning. Containing a calculated area of 17,999 Square Feet or 0.413 acres, more or less. I, Charles Beresford, a Professional Land Surveyor in the State of Colorado, do hereby state that the above legal description was prepared by me or under my responsible charge, and on the basis of my knowledge, information and belief, is correct. Charles Beresford, Professional Land Surveyor Colorado Registration No. 35583 For and on behalf of Nolte Associates, Inc. 8000 S. Chester Street, Suite 200 Centennial, Colorado 80112 Page 1 of I EXHIBIT B ANNEXATION BOUNDARY MAP OF PROPERTY PROPOSED FOR ANNEXATION OF A PORTION OF WELD COUNTY ROAD 27 (WCR 27) (MAP 3 ANNEXATION) 5 el h oh i� yam ectN Zrod ootg O� b 3 eats —pu—p. 04*,, WI�'Pc. COLORADO Damaris Calderon 851 S. 34th Avenue Brighton, CO 80601 Dear Mr. Calderon: WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 5, 2009 Re: Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 3 Annexation) This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 3 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10`h Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. Enc. pc: Clerk to the Board Sincer arker Weld County Attorney Oct, I C. COLORADO Vienot Family Trust 431 WCR 27 Brighton, CO 80603 Dear Sirs and Madaams: WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 5, 2009 Re: Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 3 Annexation) This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 3 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10'h Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. Enc. pc: Clerk to the Board Sincere ruce T. (Barker Weld County Attorney 7 MRB Final Revision 3/5/09 PETITION FOR ANNEXATION PETITION FOR ANNEXATION TO THE CITY OF BRIGHTON, COLORADO OF A PORTION OF WELD COUNTY ROAD 27 (WCR 27) (MAP 4 ANNEXATION) The Board of County Commissioners of Weld County, on behalf of the County of Weld, being "Landowner" as defined in C.R.S. § 31-12-103(6), hereby Petitions the City of Brighton, Colorado ("City") for annexation for the following described property and further states: 1. The legal description of the land which Landowner requests to be annexed to the municipality is attached hereto as Exhibit "A", hereinafter referred to as the "Property." 2. The following requirements of C.R.S. § 31-12-104 exist or have been met: A. Not less than 1/6th of the perimeter of the Property is contiguous with the City of Brighton, as may be annexed serially. B. A community of interest exists between the Property and the City. The Property is urban or will be urbanized in the near future; and the Property is capable of being integrated into the City. 3. None of the limitations provided in C.R.S. § 31-12-105 are applicable and the requirements of that statute have been met because of the following: A. The annexation of the Property will not result in the Property being divided into separate parts or parcels under identical ownership without the written consent of the landowners thereof; B. No land area within the Property held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising 20 acres or more and having a valuation for assessment in excess of $200,000 for ad valorem tax purposes has been included in the area of the Property to be annexed without the written consent of the landowners thereof; C. No annexation proceedings have been commenced for annexation of any part of the Property by any other municipality; D. The entire width of all streets and alleys to be included within the area to be annexed are included; E. The annexation of the Property will not result in the detachment of area from any school district or the attachment of same to another school district; F. Annexation by the City of the Property will not have the effect of, and will not result in, the denial of reasonable access to landowners, owners of an easement, or owners of a franchise adjoining a platted street or alley, 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 City. 4. The annexation of the Property will not have the effect of extending a boundary of the City more than three miles in any direction from any point of the municipal boundary in the past twelve (12) months. 5. The Petitioner is the owner in fee of more than 50 percent of the area of the Property and comprises more than 50 percent of the landowners of the Property. The legal description of the land owned by each signer of this petition is shown on Exhibit A. 6. This Petition is accompanied by four (4) copies of an annexation boundary map in the form required by C.R.S. § 31-12-102(1)(d) and attached as Exhibit B. 7. The Landowner requests that the Property described in Exhibit A when annexed to the municipality be zoned Public Land. 8. The Petitioner, Board of County Commissioners of Weld County, does hereby waive the production and provision of an impact report related to this annexation as provided by C.R.S. § 31-12-108.5(1), and further waives any Notice required by C.R.S. § 13-12-108(2). 9. This instrument may be executed in one or more counterparts, all of which taken together shall constitute the same document. 2 PETITIONER: ATTEST: to the Board By. D- ,,uty Sff'rk to the NTY OF WELD, a political Weld County Clerk sion of .e STATE OF COLORADO: !ham F. arcia, airman oard of County Commissioners, County of Weld AR 1 0 2009 STATE OF COLORADO ) ) ss. County of Weld The foregoing instrument was acknowledged before me this tottday of March, by William F. Garcia, Chairman, Board of County Commissioners of Weld County. Witness my hand and official seal this 10 day of March My commission expires: Y 3 , A.D., 200 PUB1P i° 9T ..... -6FC0��P MY COMMISSION EXPIRES: 0410.2011 & c9- c59/ EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PROPOSED FOR ANNEXATION OF A PORTION OF WELD COUNTY ROAD 27 (WCR 27) (MAP 4 ANNEXATION) 4 Legal Description Annexation 4 Being a portion of County Road 27 (60 foot wide per Quit Claim Deed of record in Book 149 at Page 364, records of the Recorder's Office, Weld County, Colorado) located in the east one-half of Section 31, Township 1 North, Range 66 West of the 6°i Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township 1 North, Range 66 West of the 6th Principal Meridian, being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, TIN, R66W, S30/S29, 2007, PLS 25942" and at the center 1/4 corner by a recovered and accepted 1- 1/4 inch axle, with the line considered to bear N89°32'31 "E, a distance of 2,650.72 feet. Commencing at the west' 'A corner of Section 29, Township 1 North, Range 66 West of the 6'h Principal Meridian, thence S I 1°51' 13"W across Sections 30 and 31 a distance of 5,577.82 feet to a point on the westerly line of said Weld County Road 27, also being the westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way; Thence S76°18'51"E across said original 400 foot wide Union Pacific Railway Company right- of-way and across said County Road 27 a distance of 30.00 feet to the Point Of Beginning; Thence the following five (5) courses across said original 400 foot wide Union Pacific Railway Company right-of-way: L N13° 15'09"E along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 900.00 feet; 2. S76°18'51"E "E a distance of 30.00 feet to the easterly line of said County Road 27; 3. S13°15'09"W along said easterly line and along a line 60.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 1,320.00 feet; 4. N76°18'51"W a distance of 30.00 feet; 5. N13°15'09"E along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 420.00 feet to the Point Of Beginning; Containing a calculated area of 39,600 Square Feet or 0.909 acres, more or less. I, Charles Beresford, a Professional Land Surveyor in the State of Colorado, do hereby state that the above legal description was prepared by me or under my responsible charge, and on the basis of my knowledge, information and belief, is correct. Charles Beresford, Professional Land Surveyor Colorado Registration No. 35583 For and on behalf of Nolte Associates, Inc. 8000 S. Chester Street, Suite 200 Centennial, Colorado 80112 Page 1 of I EXHIBIT B ANNEXATION BOUNDARY MAP OF PROPERTY PROPOSED FOR ANNEXATION OF A PORTION OF WELD COUNTY ROAD 27 (WCR 27) (MAP 4 ANNEXATION) 5 IC h !I I 2 4 11;1 sEt Y gull li:Pil °Ili! iP V P!I liil 1: a IX i iii 4 P5 ;Pi li g Mil 4 it 3t i u ow, MAIM TIN � .gm P t3 a &en a1n KAaa (, Ilb I t; efi Mil —110 14li vnam =r rMn rti Nz = Wo/Zi — uvM[.f alto, •,etio �r Attri WUk. COLORADO WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 5, 2009 Bruce R. Davis 1395 Cherry Street Brighton, CO 80601 Re: Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 4 Annexation) Dear Mr. Davis: This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 4 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10th Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. Siely, Bruce'T. Barker Weld County Attorney Enc. pc: Clerk to the Board WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 5, 2009 Sakata Land Co. 901 S. 4`h Avenue Brighton, CO 80601 Re: Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 4 Annexation) Dear Sirs and Madaams: This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 4 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10`h Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. Sin ly, nice T. Barker Weld County Attorney Enc. pc: Clerk to the Board MRB Final Revision 3/5/09 PETITION FOR ANNEXATION PETITION FOR ANNEXATION TO THE CITY OF BRIGHTON, COLORADO OF A PORTION OF WELD COUNTY ROAD 27 (WCR 27) (MAP 5 ANNEXATION) The Board of County Commissioners of Weld County, on behalf of the County of Weld, being "Landowner" as defined in C.R.S. § 31-12-103(6), hereby Petitions the City of Brighton, Colorado ("City") for annexation for the following described property and further states: 1. The legal description of the land which Landowner requests to be annexed to the municipality is attached hereto as Exhibit "A", hereinafter referred to as the "Property." 2. The following requirements of C.R.S. § 31-12-104 exist or have been met: A. Not less than 1/6th of the perimeter of the Property is contiguous with the City of Brighton, as may be annexed serially. B. A community of interest exists between the Property and the City. The Property is urban or will be urbanized in the near future; and the Property is capable of being integrated into the City. 3. None of the limitations provided in C.R.S. § 31-12-105 are applicable and the requirements of that statute have been met because of the following: A. The annexation of the Property will not result in the Property being divided into separate parts or parcels under identical ownership without the written consent of the landowners thereof; B. No land area within the Property held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising 20 acres or more and having a valuation for assessment in excess of $200,000 for ad valorem tax purposes has been included in the area of the Property to be annexed without the written consent of the landowners thereof; C. No annexation proceedings have been commenced for annexation of any part of the Property by any other municipality; D. The entire width of all streets and alleys to be included within the area to be annexed are included; E. The annexation of the Property will not result in the detachment of area from any school district or the attachment of same to another school district; F. Annexation by the City of the Property will not have the effect of, and will not result in, the denial of reasonable access to landowners, owners of an easement, or owners of a franchise adjoining a platted street or alley, & r2- c59/ 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 City. 4. The annexation of the Property will not have the effect of extending a boundary of the City more than three miles in any direction from any point of the municipal boundary in the past twelve (12) months. 5. The Petitioner is the owner in fee of more than 50 percent of the area of the Property and comprises more than 50 percent of the landowners of the Property. The legal description of the land owned by each signer of this petition is shown on Exhibit A. 6. This Petition is accompanied by four (4) copies of an annexation boundary map in the form required by C.R.S. § 31-12-102(1)(d) and attached as Exhibit B. 7. The Landowner requests that the Property described in Exhibit A when annexed to the municipality be zoned Public Land. 8. The Petitioner, Board of County Commissioners of Weld County, does hereby waive the production and provision of an impact report related to this annexation as provided by C.R.S. § 31-12-108.5(1), and further waives any Notice required by C.R.S. § 13-12-108(2). 9. This instrument may be executed in one or more counterparts, all of which taken together shall constitute the same document. 2 PETITIONER: ATTEST: to the Board TY OF WELD, a pcal Weld County Clerk ion of the STATF COLORADO: iam F. Garcia, Chairman oard of County Commissioners, County of Weld STATE OF COLORADO ) ) ss. County of Weld The foregoing instrument was acknowledged before me this 10thday of March, by William F. Garcia, Chairman, Board of County Commissioners of Weld County. Witness my hand and official seal this 10 day of March A.D., 2009. My commission expires: 3/ c -/)/vg ®P•— MY CUNiitl5a'.Uh f%fINt5:04 10.2012 3 o,7GC%- C59 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PROPOSED FOR ANNEXATION OF A PORTION OF WELD COUNTY ROAD 27 (WCR 27) (MAP 5 ANNEXATION) 4 Legal Description Annexation 5 Being a portion of County Road 27 (60 foot wide per Quit Claim Deed of record in Book 149 at Page 364, records of the Recorder's Office, Weld County, Colorado) located in the east one-half of Section 31, Township 1 North, Range 66 West of the 61' Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township 1 North, Range 66 West of the 6s' Principal Meridian, being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, TIN, R66 W, 530/S29, 2007, PLS 25942" and at the center 1/4 corner by a recovered and accepted 1- 1/4 inch axle, with the line considered to bear N89°32'31"E, a distance of 2,650.72 feet. Commencing at the west % corner of Section 29, Township 1 North, Range 66 West of the Principal Meridian, thence SI I°51'13"W across Sections 30 and 31 a distance of 5,577.82 feet to a point on the westerly line of said Weld County Road 27, also being the westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way, and the Point Of Beginning: Thence N13°15'09"E along said westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way and the westerly line of said Weld County Road 27 a distance of 2,760.00 feet; Thence leaving said westerly lines the following three (3) courses across said original 400 foot wide Union Pacific Railway Company right-of-way and across said Weld County Road 27: I. S76°18'51"E a distance of 30.00 feet; 2. S13°15'09"W along a line 30 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 2,760.00 feet; 3. N76°18'51"W a distance of 30.00 feet to the Point Of Beginning. Containing a calculated area of 82,798 Square Feet or 1.901 acres, more or less. 1, Charles Beresford, a Professional Land Surveyor in the State of Colorado, do hereby state that the above legal description was prepared by me or under my responsible charge, and on the basis of my knowledge, information and belief, is correct. Charles Beresford, Professional Land Surveyor Colorado Registration No. 35583 For and on behalf of Nolte Associates, Inc. 8000 S. Chester Street, Suite 200 Centennial, Colorado 80112 Page 1 of 1 EXHIBIT B ANNEXATION BOUNDARY MAP OF PROPERTY PROPOSED FOR ANNEXATION OF A PORTION OF WELD COUNTY ROAD 27 (WCR 27) (MAP 5 ANNEXATION) 5 tpl pi ql I �� 4h h 45 liall Pia ID I ii: i 0 hi I Q° M i I 1 i (ii a! ili %1 $1! .i il " irl lia Yp` y a1�If 1 il y 0V 1 WI il 4 ^g]11 y 1' Hi r..11 1?o y� 141 Ph li Mil ii G1 a1y Ia4g $e • g $°,j; a llpp% �4 yp Iy S- q his°tl 9 'IP l Y 4 lia ie $:l; ri l' 1'ft 1. a 4 ;Ili l giiig Ili h�iil iPli ii ii 4i! i !R:1 Ry taw lArt ITU— Inv Y 1 WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 5, 2009 Michael V. Aberle 12988 WCR 4 Brighton, CO 80603 Re: Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 5 Annexation) Dear Mr. Aberle: This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 5 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10th Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. Enc. pc: Clerk to the Board Si ker Weld County Attorney f‘W��Yc attr COLORADO WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 5, 2009 Double E Investments LLC P.O. Box 1291 Brighton, CO 80601 Re: Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 5 Annexation) Dear Sirs and Madaams: This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 5 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10'h Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. Sincere , ruce T. Barker Weld County Attorney Enc. pc: Clerk to the Board WI�Yc. COLORADO Tri-County Real Estate Acquisitions, LLC 12750 WCR 4 Brighton, CO 80603 Dear Sirs and Madaams: WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 5, 2009 Re: Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 5 Annexation) This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 5 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10th Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. Enc. pc: Clerk to the Board Sincerely, 7 Bruce T. Bar elf r 'L Weld County Attorney MRB Final Revision 3/5/09 PETITION FOR ANNEXATION PETITION FOR ANNEXATION TO THE CITY OF BRIGHTON, COLORADO OF PORTIONS OF WELD COUNTY ROAD 27 (WCR 27) AND WELD COUNTY ROAD 4 (WCR 4) (MAP 6 ANNEXATION) The Board of County Commissioners of Weld County, on behalf of the County of Weld, being "Landowner" as defined in C.R.S. § 31-12-103(6), hereby Petitions the City of Brighton, Colorado ("City") for annexation for the following described property and further states: 1. The legal description of the land which Landowner requests to be annexed to the municipality is attached hereto as Exhibit "A", hereinafter referred to as the "Property." 2. The following requirements of C.R.S. § 31-12-104 exist or have been met: A. Not less than 1/6th of the perimeter of the Property is contiguous with the City of Brighton, as may be annexed serially. B. A community of interest exists between the Property and the City. The Property is urban or will be urbanized in the near future; and the Property is capable of being integrated into the City. 3. None of the limitations provided in C.R.S. § 31-12-105 are applicable and the requirements of that statute have been met because of the following: A. The annexation of the Property will not result in the Property being divided into separate parts or parcels under identical ownership without the written consent of the landowners thereof; B. No land area within the Property held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising 20 acres or more and having a valuation for assessment in excess of $200,000 for ad valorem tax purposes has been included in the area of the Property to be annexed without the written consent of the landowners thereof; C. No annexation proceedings have been commenced for annexation of any pad of the Property by any other municipality; D. The entire width of all streets and alleys to be included within the area to be annexed are included; E. The annexation of the Property will not result in the detachment of area from any school district or the attachment of same to another school district; F. Annexation by the City of the Property will not have the effect of, and will not result in, the denial of reasonable access to landowners, owners of an o t( 9-05%/ easement, or owners of a franchise adjoining a platted street or alley, 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 City. 4. The annexation of the Property will not have the effect of extending a boundary of the City more than three miles in any direction from any point of the municipal boundary in the past twelve (12) months. 5. The Petitioner is the owner in fee of more than 50 percent of the area of the Property and comprises more than 50 percent of the landowners of the Property. The legal description of the land owned by each signer of this petition is shown on Exhibit A. 6. This Petition is accompanied by four (4) copies of an annexation boundary map in the form required by C.R.S. § 31-12-102(1)(d) and attached as Exhibit B. 7. The Landowner requests that the Property described in Exhibit A when annexed to the municipality be zoned Public Land. 8. The Petitioner, Board of County Commissioners of Weld County, does hereby waive the production and provision of an impact report related to this annexation as provided by C.R.S. § 31-12-108.5(1), and further waives any Notice required by C.R.S. § 13-12-108(2). 9. This instrument may be executed in one or more counterparts, all of which taken together shall constitute the same document. 2 PETITIONER: ATTEST: tot - Board By yVrou��rc t I/luPtfl i� D TY OF WELD, a political Weld County Clerk ion of the ST A OF COLORADO: m F. Garcia, C airman rd of County Commissioners, ounty of Weld MAR 1 0 7009 STATE OF COLORADO ) ) ss. County of Weld The foregoing instrument was acknowledged before me this lOttday of March, by William F. Garcia, Chairman, Board of County Commissioners of Weld County. Witness my hand and official seal this _ 10 day of March My commission expires: �//.yi7O/,-R A.D., 2009 O J. BEQ 40T444/....(<1‘3 ® e -orb '•., ouB0 Q .........: •'P`t' ,- C OF COA.O MY COMMISsIUk EXPIRES: 2012 3 &ex'%-C?59, EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PROPOSED FOR ANNEXATION OF PORTIONS OF WELD COUNTY ROAD 27 (WCR 27) AND WELD COUNTY ROAD 4 (WCR 4) (MAP 6 ANNEXATION) 4 Legal Description Annexation 6 Being a portion of County Road 27 (right-of-way varies) and County Road 4 (right-of-way varies) located in southwest one -quarter of Section 29, the southeast one -quarter of Section 30, the northeast one -quarter of Section 31 and the northwest one -quarter of Section 32, all in Township 1 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township 1 North, Range 66 West of the 6'h Principal Meridian, being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, TIN, R66W, S30/S29, 2007, PIS 25942" and at the center 1/4 corner by a recovered and accepted 1- 1/4 inch axle, with the line considered to bear N89°32'31 "E, a distance of 2,650.72 feet. Commencing at the west 1/4 corner of Section 29, Township 1 North, Range 66 West of the 6" Principal Meridian, thence S10°29'03"W across Sections 30 and 31 a distance of 2,819.45 feet to a point on the westerly line of said Weld County Road 27 as described in Quit Claim Deed of record in Book 149 at Page 364, records of the Recorder's Office, Weld County, Colorado, also being the westerly line of the original 400 foot wide Union Pacific Railway Company right-of- way; Thence S76°18'51"E across said original 400 foot wide Union Pacific Railway Company right- of-way and across said County Road 27 a distance of 30.00 feet to the Point Of Beginning; Thence N13° 15'09"E along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly line of the original 400 foot wide Union Pacific Railway Company right-of- way and said westerly line of County Road 27, a distance of 1,373.74 feet; Thence S76°44'51"B a distance of 30.00 feet to the easterly line of said County Road 27 as described in said Quit Claim Deed of record in Book 149 at Page 364; Thence S13°15'09"W along said easterly line of County Road 27 a distance of 1,197.36 feet to the intersection of said easterly line of County Road 27 with the north line of County Road 4 (right-of-way varies); Thence the following two (2) courses along said north line of County Road 4: 1. N89°16'45"E a distance of 449.08 feet; 2. N89°33'59"E a distance of 1,944.47 feet; Thence leaving said north line of County Road 4, S00°26'01"E a distance of 60.00 feet to the south line of said County Road 4; Thence the following four (4) courses along said south line of County Road 4: 1. S89°33'59"W a distance of 1,299.62 feet; 2. S00°23'22"E a distance of 10.00 feet; 3. S89°33'59"W a distance of 644.65 feet; 4. S89° 16'45"W a distance of 466.35 feet to said easterly line of said County Road 27; Thence 513°15'09"W along said easterly line of said County Road 27 a distance of 1,964.48 feet; Page t of 2 Thence leaving said easterly line of County Road 27, N76°18'51"W a distance of 30.00 feet; Thence N13°15'09"E along a line 30.00 feet easterly of and parallel to (as measured at right angles) the westerly line of said County Road 27, a distance of 1,860.00 feet to the Point Of Beginning. Containing a calculated area of 252,167 Square Feet or 5.789 acres, more or less. I, Charles Beresford, a Professional Land Surveyor in the State of Colorado, do hereby state that the above legal description was prepared by me or under my responsible charge, and on the basis of my knowledge, information and belief, is correct. Charles Beresford, Professional Land Surveyor Colorado Registration No. 35583 For and on behalf of Nolte Associates, Inc. 8000 S. Chester Street, Suite 200 Centennial, Colorado 80112 Page 2 of 2 EXHIBIT B ANNEXATION BOUNDARY MAP OF PROPERTY PROPOSED FOR ANNEXATION OF PORTIONS OF WELD COUNTY ROAD 27 (WCR 27) AND WELD COUNTY ROAD 4 (WCR 4) (MAP 6 ANNEXATION) 5 ii! I! 1 i ; : i 3 ) reY; 9 it uP �tl ,i° ! ( qq i A Ai a 7b b I bq� Y. 1 tx i ii ii I 144 ! ' !!!I i; 1. V !I 15! i Iii ! i ! li !!! ; I.!!!! I i 11 ; ii ; iifli it ill lg!!'II i IIIII3is: yi l !, pit; i51 !I t 9 4 ii P. li :a: i 1 is I ills l !� $ ID-1N �i elp Ai lit ,;'41:11 114 ,.air IMHOF • ligg FOY p T I COLORADO WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 5, 2009 Brian D. Case 12899 WCR 4 Brighton, CO 80601 Re: Petition for Annexation to the City of Brighton, Colorado, of Portions of WCR's 27 and 4 (Map 6 Annexation) Dear Mr. Case: This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of portions of WCR's 27 and 4 (Map 6 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10th Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. nice T. Barker Weld County Attorney Enc. pc: Clerk to the Board COLORADO WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 5, 2009 Walter E. Dittmer c/o Kendal P. Ditliner 2100 16th Street, Unit 410 Denver, CO 80602 Re: Petition for Annexation to the City of Brighton, Colorado, of Portions of WCR's 27 and 4 (Map 6 Annexation) Dear Mr. Dittmer: This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of portions of WCR's 27 and 4 (Map 6 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10th Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. i VI/Bruce T. Barker Weld County Attorney Enc. pc: Clerk to the Board I • �il,� WI�Yc. COLORADO WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 5, 2009 Greenleaf Wholesale Florist Inc do Kitayama Bros 13239 County Road 4 Brighton, CO 80603 Re: Petition for Annexation to the City of Brighton, Colorado, of Portions of WCR's 27 and 4 (Map 6 Annexation) Dear Sirs and Madaams: This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of portions of WCR's 27 and 4 (Map 6 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10th Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. c`e T. Barker Weld County Attorney Enc. pc: Clerk to the Board COLORADO WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 5, 2009 Kitayama Brothers Inc 13239 WCR 4 Brighton, CO 80601 Re: Petition for Annexation to the City of Brighton, Colorado, of Portions of WCR's 27 and 4 (Map 6 Annexation) Dear Sirs and Madaams: This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of portions of WCR's 27 and 4 (Map 6 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10th Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. sincerely Bruce T. Barker Weld County Attorney Enc. pc: Clerk to the Board WI�'Oc. COLORADO WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 5, 2009 Margolis Land Company LLC 8088 WCR 13 Firestone, CO 80504 Re: Petition for Annexation to the City of Brighton, Colorado, of Portions of WCR's 27 and 4 (Map 6 Annexation) Dear Sirs and Madaams: This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of portions of WCR's 27 and 4 (Map 6 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10th Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. arker Weld County Attorney Enc. pc: Clerk to the Board MRB Final Revision 3/5/09 PETITION FOR ANNEXATION PETITION FOR ANNEXATION TO THE CITY OF BRIGHTON, COLORADO OF A PORTION OF WELD COUNTY ROAD 27 (WCR 27) (MAP 7 ANNEXATION) The Board of County Commissioners of Weld County, on behalf of the County of Weld, being "Landowner" as defined in C.R.S. § 31-12-103(6), hereby Petitions the City of Brighton, Colorado ("City") for annexation for the following described property and further states: 1. The legal description of the land which Landowner requests to be annexed to the municipality is attached hereto as Exhibit "A", hereinafter referred to as the "Property." 2. The following requirements of C.R.S. § 31-12-104 exist or have been met: A. Not less than 1/6th of the perimeter of the Property is contiguous with the City of Brighton, as may be annexed serially. B. A community of interest exists between the Property and the City. The Property is urban or will be urbanized in the near future; and the Property is capable of being integrated into the City. 3. None of the limitations provided in C.R.S. § 31-12-105 are applicable and the requirements of that statute have been met because of the following: A. The annexation of the Property will not result in the Property being divided into separate parts or parcels under identical ownership without the written consent of the landowners thereof; B. No land area within the Property held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising 20 acres or more and having a valuation for assessment in excess of $200,000 for ad valorem tax purposes has been included in the area of the Property to be annexed without the written consent of the landowners thereof; C. No annexation proceedings have been commenced for annexation of any part of the Property by any other municipality; D. The entire width of all streets and alleys to be included within the area to be annexed are included; E. The annexation of the Property will not result in the detachment of area from any school district or the attachment of same to another school district; F. Annexation by the City of the Property will not have the effect of, and will not result in, the denial of reasonable access to landowners, owners of an easement, or owners of a franchise adjoining a platted street or alley, oyiy,i-G5%/ 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 City. 4. The annexation of the Property will not have the effect of extending a boundary of the City more than three miles in any direction from any point of the municipal boundary in the past twelve (12) months. 5. The Petitioner is the owner in fee of more than 50 percent of the area of the Property and comprises more than 50 percent of the landowners of the Property. The legal description of the land owned by each signer of this petition is shown on Exhibit A. 6. This Petition is accompanied by four (4) copies of an annexation boundary map in the form required by C.R.S. § 31-12-102(1)(d) and attached as Exhibit B. 7. The Landowner requests that the Property described in Exhibit A when annexed to the municipality be zoned Public Land. 8. The Petitioner, Board of County Commissioners of Weld County, does hereby waive the production and provision of an impact report related to this annexation as provided by C.R.S. § 31-12-108.5(1), and further waives any Notice required by C.R.S. § 13-12-108(2). 9. This instrument may be executed in one or more counterparts, all of which taken together shall constitute the same document. 2 PETITIONER: ATTEST: to th- Board By: STATE OF COLORADO ) ) ss. County of Weld OF WELD, a political Weld County Clerk of the SITE OF COLORADO: 1 . Garcia, Chairman of County Commissioners, my of Weld MAR 1 0 7999 The foregoing instrument was acknowledged before me this l0thday of March, by William F. Garcia, Chairman, Board of County Commissioners of Weld County. Witness my hand and official seal this 10 day of March , A.D., 2009. My commission expires: %/, 3 PUBOC \, C, CO\ MY COMmiS9rvta f VidS: 04101011 O?crI - L>s y� EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PROPOSED FOR ANNEXATION OF A PORTION OF WELD COUNTY ROAD 27 (WCR 27) (MAP 7 ANNEXATION) 4 Legal Description Annexation 7 Being a portion of County Road 27 (width varies) located in the southwest one -quarter of Section 29, the east one-half of Section 30 and the northeast one -quarter of Section 31, all in Township 1 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township I North, Range 66 West of the 6th Principal Meridian, being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, TIN, R66W, S30/529, 2007, PLS 25942" and at the center 1/4 corner by a recovered and accepted 1- 1/4 inch axle, with the line considered to bear N89°32'31 "E, a distance of 2,650.72 feet. Beginning at the west 'A corner of Section 29, Township 1 North, Range 66 West of the 6s' Principal Meridian; Thence S00°45'42"E along the east line of the southeast one -quarter of said Section 30 a distance of 562.61 feet to the intersection of the westerly line of the Union Pacific Railway Company 400 foot wide right-of-way and said east line of the southeast one -quarter of Section 30; Thence S 13°15'09"W along said westerly line of the Union Pacific Railway Company 400 foot wide right-of-way and the easterly line of County Road 27 a distance of 123.88 feet to the intersection of said westerly line of the Union Pacific Railway Company 400 foot wide right-of- way and the northwest corner of that parcel Quit Claimed in Book 149 at Page 364, records of the Recorder's Office, Weld County, Colorado; Thence the following two (2) courses along the northerly and easterly lines of said Quit Claim parcel and along the easterly line of said County Road 27: 1. S83°45' 16"E a distance of 60.45 feet; 2. 513°15'09"W a distance of 780.27 feet; Thence leaving said easterly line of County Road 27 and the Quit Claim parcel the following three (3) courses across said County Road 27: 1. N76°44'51"W a distance of 30.00 feet; 2. S I3° 15'09"W along a line 30.00 feet westerly of and parallel to (as measured at right angles) said easterly line of County Road 27 a distance of 1,373.74 feet; 3. N76°18'51"W a distance of 30.00 feet to the westerly line of said County Road 27; Page 1 of 2 Thence the following fourteen (14) courses along said westerly line of County Road 27: 1. N13°15'09"E a distance of 314.11 feet; 2. N85°36'45"W a distance of 10.12 feet; 3. N13°15'09"E a distance of 973.35 feet; 4. N00°49'24"E a distance of 91.50 feet; 5. N13°29'24"E a distance of 45.41 feet to a point of curvature; 6. Thence along the arc of a curve to the left having a radius of 5,670.00 feet, a central angle of 09°24'29", an arc length of 931.02 feet, a chord of which bears N08°45'01"E a chord distance of 929.98 feet; 7. NO1°45'59"E a distance of 99.60 feet to a point of curvature; 8. Thence along the arc of a curve to the left having a radius of 5,679.00 feet, a central angle of 03°29'02", an am length of 345.30 feet, the chord of which bears N01° 10'30"E a chord distance of 345.25 feet; 9. N00°34'01"W a distance of 18.29 feet; 10. 589°16'06"W a distance of 2.47 feet; 11. N00°35'37"W a distance of 118.87 feet; 12. N16°04'23"E a distance of 104.25 feet; 13. N89°22'22"E a distance of 6.47 feet; 14. N00°46' 15"W a distance of 1,075.03 feet; Thence leaving said westerly line of County Road 27 the following two (2) courses across said County Road 27: 1. N89°13'45" E a distance of 30.00 feet to the east line of the northeast one -quarter of said Section 30; 2. S00°46' 15"E along said east line of the northeast one -quarter a distance of 1,293.88 feet to the Point Of Beginning. Containing a calculated area of 228,109 Square Feet or 5.237 acres, more or less. I, Charles Beresford, a Professional Land Surveyor in the State of Colorado, do hereby state that the above legal description was prepared by me or under my responsible charge, and on the basis of my knowledge, information and belief, is correct. Charles Beresford, Professional Land Surveyor Colorado Registration No. 35583 For and on behalf of Nolte Associates, Inc. 8000 S. Chester Street, Suite 200 Centennial, Colorado 80112 Page 2 of 2 EXHIBIT B ANNEXATION BOUNDARY MAP OF PROPERTY PROPOSED FOR ANNEXATION OF A PORTION OF WELD COUNTY ROAD 27 (WCR 27) (MAP 7 ANNEXATION) 5 b ivli 'I i WI�Yc, 41Th\t COLORADO March 5, 2009 Arnheim LLC 10189 Arapahoe Lafayette, CO 80026 WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 Re: Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 7 Annexation) Dear Sirs and Madaams: This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 7 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10th Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. Bruc€T. Barker Weld County Attorney Enc. pc: Clerk to the Board WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 5, 2009 KS Enterprises I LLC KS Enterprises II LLC 1760 WCR 27 Brighton, CO 80601 Re: Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 7 Annexation) Dear Sirs and Madaams: This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 7 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10t11 Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. ruce`I`. Barker Weld County Attorney Enc. pc: Clerk to the Board WE�Pc. 4444)\\ COLORADO Mary D. Sipres 1490 WCR 27 Brighton, CO 80603 WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 5, 2009 Re: Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 7 Annexation) Dear Ms. Sipres: This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 7 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10th Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. Enc. pc: Clerk to the Board Weld County Attorney 0OThr4, Wilk. COLORADO March 5, 2009 Richard and Nancy Stutz 1752 WCR 27 LaPorte, CO 80535 WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 Re: Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 7 Annexation) Dear Mr. and Mrs. Stutz: This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 7 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10th Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. S 2dr Weld County Attorney Enc. pc: Clerk to the Board WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 5, 2009 Union Pacific Railroad c/o Rod Peterson Senior Manager -Real Estate 1400 Douglas Street, STOP 1690 Omaha, NE 68179 Re: Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 7 Annexation) Dear Mr. Peterson: This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 7 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10`h Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. -'Si Bruce T. Barker Weld County Attorney Enc. pc: Clerk to the Board iattt WUDc. COLORADO Sasaki Family Holdings, LLC 1821 WCR 27 Brighton, CO 80603 Dear Sirs and Madaams: WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 5, 2009 Re: Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 7 Annexation) This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 7 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10th Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. Enc. pc: Clerk to the Board Bruce T. Barker Weld County Attorney f&tip, WUDc. COLORADO WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 5, 2009 Copart, Inc. c/o Glen Droegemueller, Esq. 1035 37th Avenue Court Greeley, CO 80634 Re: Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 7 Annexation) Dear Glen: This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 27 (Map 7 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10th Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. Bruce T. Barker Weld County Attorney Enc. pc: Clerk to the Board MRB Final Revision 3/5/09 PETITION FOR ANNEXATION PETITION FOR ANNEXATION TO THE CITY OF BRIGHTON, COLORADO OF PORTIONS OF WELD COUNTY ROAD 27 (WCR 27) AND WELD COUNTY ROAD 6 (WCR 6) (MAP 8 ANNEXATION) The Board of County Commissioners of Weld County, on behalf of the County of Weld, being "Landowner" as defined in C.R.S. § 31-12-103(6), hereby Petitions the City of Brighton, Colorado ("City") for annexation for the following described property and further states: 1. The legal description of the land which Landowner requests to be annexed to the municipality is attached hereto as Exhibit "A", hereinafter referred to as the "Property." 2. The following requirements of C.R.S. § 31-12-104 exist or have been met: A. Not less than 1/6th of the perimeter of the Property is contiguous with the City of Brighton, as may be annexed serially. B. A community of interest exists between the Property and the City. The Property is urban or will be urbanized in the near future; and the Property is capable of being integrated into the City. 3. None of the limitations provided in C.R.S. § 31-12-105 are applicable and the requirements of that statute have been met because of the following: A. The annexation of the Property will not result in the Property being divided into separate parts or parcels under identical ownership without the written consent of the landowners thereof; B. No land area within the Property held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising 20 acres or more and having a valuation for assessment in excess of $200,000 for ad valorem tax purposes has been included in the area of the Property to be annexed without the written consent of the landowners thereof; C. No annexation proceedings have been commenced for annexation of any part of the Property by any other municipality; D. The entire width of all streets and alleys to be included within the area to be annexed are included; E. The annexation of the Property will not result in the detachment of area from any school district or the attachment of same to another school district; F. Annexation by the City of the Property will not have the effect of, and will not result in, the denial of reasonable access to landowners, owners of an '2(7O1 -051/ easement, or owners of a franchise adjoining a platted street or alley, 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 City. 4. The annexation of the Property will not have the effect of extending a boundary of the City more than three miles in any direction from any point of the municipal boundary in the past twelve (12) months. 5. The Petitioner is the owner in fee of more than 50 percent of the area of the Property and comprises more than 50 percent of the landowners of the Property. The legal description of the land owned by each signer of this petition is shown on Exhibit A. 6. This Petition is accompanied by four (4) copies of an annexation boundary map in the form required by C.R.S. § 31-12-102(1)(d) and attached as Exhibit B. 7. The Landowner requests that the Property described in Exhibit A when annexed to the municipality be zoned Public Land. 8. The Petitioner, Board of County Commissioners of Weld County, does hereby waive the production and provision of an impact report related to this annexation as provided by C.R.S. § 31-12-108.5(1), and further waives any Notice required by C.R.S. § 13-12-108(2). 9. This instrument may be executed in one or more counterparts, all of which taken together shall constitute the same document. 2 PETITIONER: ATTEST: gq� to the Board dcritavets STATE OF COLORADO ) ) ss. County of Weld NTY OF WELD, a political Weld County Clerk ision of the ST s E OF COLORADO: iam arcia, Chairman oard of County Commissioners, County of Weld MAR 1 0 2009 The foregoing instrument was acknowledged before me this 10thday of March, by William F. Garcia, Chairman, Board of County Commissioners of Weld County. Witness my hand and official seal this 10 day of March A.D., 200 My commission expires: �� cW/a 3 jP.:?.:. BE Qr T A 4 `an PUBOCI nF r .\O' MYCUMF5ISS!Ukk£AI9fl 5:04.102012 &lay; EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PROPOSED FOR ANNEXATION OF PORTIONS OF WELD COUNTY ROAD 27 (WCR 27) AND WELD COUNTY ROAD 6 (WCR 6) (MAP 8 ANNEXATION) 4 Legal Description Annexation 8 Being a portion of County Road 27 (width varies) and County Road 6 (width varies) located in the southeast one -quarter of Section 19, the southwest one -quarter of Section 20, the west one- half of Section 29 and the northeast one -quarter of Section 30, all in Township 1 North, Range 66 West of the 6"' Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township I North, Range 66 West of the 61h Principal Meridian, being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, TIN, R66W, S30/529, 2007, PLS 25942" and at the center 1/4 corner by a recovered and accepted 1- 1/4 inch axle, with the line considered to bear N89°32'31"E, a distance of 2,650.72 feet. Beginning at the west Y. corner of Section 29, Township 1 North, Range 66 West of the 61h Principal Meridian; Thence N00°46' 15"W along the east line of the northeast one -quarter of said Section 30 a distance of 1,293.88 feet; Thence leaving said east line of the northeast one -quarter S89° 13'45"W a distance of 30.00 feet to the westerly line of said County Road 27; Thence N00°46' 15"W along said westerly line a distance of 1,316.11 feet to the south line of County Road 6 (width varies); Thence S89°39'55"W along said south line a distance of 305.01 feet to the existing corporation limits for the City of Ft. Lupton; Thence N00°46' 15"W along said corporation limits and across said County Road 6 a distance of 70.00 feet to the north line of said County Road 6; Thence leaving said corporation limits N89°39'55"E along said north line of County Road 6 a distance of 335.01 feet to the intersection said north line of County Road 6 and the east line of the southeast one -quarter of said Section 19; Thence S00°46' 15"E along said east line a distance of 10.00 feet; Thence N89°32'46"E continuing across said County Road 27 a distance of 30.00 feet to the to the intersection of said north line of said County Road 6 and the easterly line of said County Road 27; Thence 500°46' 15"E along said easterly line of County Road 27 a distance of 30.00 feet; Thence N89°32'46" E along a line 30.00 feet south of and parallel to (as measured at right angles) the north line of said County Road 6 a distance of 1,925.00 feet; Thence 500°27'14"E a distance of 30.00 feet to the south line of said County Road 6; Page 1 of 2 Thence 589°32'46"W along said south line of County Road 6 a distance of 1,924.83 feet to the intersection of said south line of County Road 6 and said easterly line of County Road 27; Thence the following three (3) courses along said easterly line of County Road 27; 1. S00°46' 15"E a distance of 2,609.60 feet; 2. S00°45'35"E a distance of 372.87 feet; 3. 539°37'42"E a distance of 21.14 feet to the intersection of said easterly line of County Road 27 and the westerly line of the Union Pacific Railway Company 400 foot right-of- way; Thence S 13° 15'09"W continuing along said easterly line of County Road 27 and also along said westerly line of the 400 foot wide right-of-way a distance of 178.60 feet; Thence leaving said easterly line of County Road 27 and said westerly line of the 400 foot wide right-of-way N00°45'42"W along the east line of the southeast one -quarter of said Section 30 a distance of 562.61 feet to the Point Of Beginning. Containing a calculated area of 216,300 Square Feet or 4.966 acres, more or less. I, Charles Beresford, a Professional Land Surveyor in the State of Colorado, do hereby state that the above legal description was prepared by me or under my responsible charge, and on the basis of my knowledge, information and belief, is correct. Charles Beresford, Professional Land Surveyor Colorado Registration No. 35583 For and on behalf of Nolte Associates, Inc. 8000 S. Chester Street, Suite 200 Centennial, Colorado 80112 Page 2 of 2 EXHIBIT B ANNEXATION BOUNDARY MAP OF PROPERTY PROPOSED FOR ANNEXATION OF PORTIONS OF WELD COUNTY ROAD 27 (WCR 27) AND WELD COUNTY ROAD 6 (WCR 6) (MAP 8 ANNEXATION) 5 Pi ' 111,��'' 1, I• ii • , i . I Y F f� YI I P i . I!! E i i I 1 i t 13 i ! ; 9 I iE ii if, Is Iii; I l a�' 3 t' � I!' it "° 3 ;; :i °i i : icF` .o ° f ! IN t ipq�g i f 6 1 E 4 t II E i 1. e; . Ai, ! ib ; 1n • : ` i ii; S i L, I i i 4 i idyl y gyn C it F i F 3 F 1'3 i• a iE 1 °t ° it ill,: P5 �y I. i I_ 1 iIi'i� �I il1 pp., ie i ill e ! t. ribili ! s Eii i ! 1 !,� 3i �iiFI�3! ilit� F j�l i r,I Ce I ° 3 S; 3ip 1'9j1+yFr�FF��3FF,ii9 ; € tQp; { Ien ° iiiii•1i' ��iii7I,11l'il!yy°. dill; pill I 31 3 i it 1 rri 3 !: f- ;alit t! •s ; II i ii 7!•? 3iI� ! 3i 3 3 3i Jri ! fi ! !i i lEl liit' el �I 'g°�yy; ji! �i i i� r e r9i i�I 1 C it % ii I•pi3 .1'3, 3 DiI: !,{' iaf hi i{4i:iiiiiiiti;'iisiiiii. !l�tiil3 hAnkligiih nIIII--- !IRF� • i -Dr am mama -pan-- minim WWI I ROM Plc WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 5, 2009 K & S Ventures LLC 12972 WCR 6 Brighton, CO 80601 Re: Petition for Annexation to the City of Brighton, Colorado, of Portions of WCR's 27 and 6 (Map 8 Annexation) Dear Sirs and Madaams: This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of portions of WCR's 27 and 6 (Map 8 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10th Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. ruce T. Barker Weld County Attorney Enc. pc: Clerk to the Board IUk. COLORADO WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weid.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 5, 2009 Railroad Ventures LLC 469 S. Cherry Street, Ste 203 Denver, CO 80246 Re: Petition for Annexation to the City of Brighton, Colorado, of Portions of WCR's 27 and 6 (Map 8 Annexation) Dear Sirs and Madaams: This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of portions of WCR's 27 and 6 (Map 8 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10th Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. „-Sine Enc. pc: Clerk to the Board Bruce T. Barker Weld County Attorney WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 5, 2009 Dorene and Gene Tadehara 1772 WCR 27 Brighton, CO 78603 Re: Petition for Annexation to the City of Brighton, Colorado, of Portions of WCR's 27 and 6 (Map 8 Annexation) Dear Mr. and Mrs. Tadehara: This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of portions of WCR's 27 and 6 (Map 8 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10`h Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. Sinc ruce T. Barker Weld County Attorney Enc. pc: Clerk to the Board WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 5, 2009 Margaret G. Spain 2021 WCR 27 Fort Lupton, CO 80621 Re: Petition for Annexation to the City of Brighton, Colorado, of Portions of WCR's 27 and 6 (Map 8 Annexation) Dear Ms. Spain: This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of portions of WCR's 27 and 6 (Map 8 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10t° Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. cerely, Bruce Taker Weld County Attorney Enc. pc: Clerk to the Board MRB Final Revision 3/5/09 PETITION FOR ANNEXATION PETITION FOR ANNEXATION TO THE CITY OF BRIGHTON, COLORADO OF A PORTION OF WELD COUNTY ROAD 6 (WCR 6) (MAP 9 ANNEXATION) The Board of County Commissioners of Weld County, on behalf of the County of Weld, being "Landowner" as defined in C.R.S. § 31-12-103(6), hereby Petitions the City of Brighton, Colorado ("City") for annexation for the following described property and further states: 1. The legal description of the land which Landowner requests to be annexed to the municipality is attached hereto as Exhibit "A", hereinafter referred to as the "Property." 2. The following requirements of C.R.S. § 31-12-104 exist or have been met: A. Not less than 1/6th of the perimeter of the Property is contiguous with the City of Brighton, as may be annexed serially. B. A community of interest exists between the Property and the City. The Property is urban or will be urbanized in the near future; and the Property is capable of being integrated into the City. 3. None of the limitations provided in C.R.S. § 31-12-105 are applicable and the requirements of that statute have been met because of the following: A. The annexation of the Property will not result in the Property being divided into separate parts or parcels under identical ownership without the written consent of the landowners thereof; B. No land area within the Property held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising 20 acres or more and having a valuation for assessment in excess of $200,000 for ad valorem tax purposes has been included in the area of the Property to be annexed without the written consent of the landowners thereof; C. No annexation proceedings have been commenced for annexation of any part of the Property by any other municipality; D. The entire width of all streets and alleys to be included within the area to be annexed are included; E. The annexation of the Property will not result in the detachment of area from any school district or the attachment of same to another school district; F. Annexation by the City of the Property will not have the effect of, and will not result in, the denial of reasonable access to landowners, owners of an easement, or owners of a franchise adjoining a platted street or alley, Dilee/-CS f/ 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 City. 4. The annexation of the Property will not have the effect of extending a boundary of the City more than three miles in any direction from any point of the municipal boundary in the past twelve (12) months. 5. The Petitioner is the owner in fee of more than 50 percent of the area of the Property and comprises more than 50 percent of the landowners of the Property. The legal description of the land owned by each signer of this petition is shown on Exhibit A. 6. This Petition is accompanied by four (4) copies of an annexation boundary map in the form required by C.R.S. § 31-12-102(1)(d) and attached as Exhibit B. 7. The Landowner requests that the Property described in Exhibit A when annexed to the municipality be zoned Public Land. 8. The Petitioner, Board of County Commissioners of Weld County, does hereby waive the production and provision of an impact report related to this annexation as provided by C.R.S. § 31-12-108.5(1), and further waives any Notice required by C.R.S. § 13-12-108(2). 9. This instrument may be executed in one or more counterparts, all of which taken together shall constitute the same document. 2 PETITIONER: ATTEST: to the Board STATE OF COLORADO ) ) ss. County of Weld The foregoing instrument was acknowledged before me this 10th day of March, by William F. Garcia, Chairman, Board of County Commissioners of Weld County. OUNTY OF WELD, a political Weld County Clerk vision of the STATE OF COLORADO: liam F. Garcia, Chairman and of County Commissioners, ounty of Weld MAR 1 n 2009 Witness my hand and official seal this 10 day of March My commission expires: /(I 07°/C57 3 , A.D., 2009 MY CONSSavt* AilitES:0410.2012 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PROPOSED FOR ANNEXATION OF A PORTION OF WELD COUNTY ROAD 6 (WCR 6) (MAP 9 ANNEXATION) 4 Legal Description Annexation 9 Being a portion of County Road 6 (width varies) located in the northwest one -quarter of Section 29 and the southwest one -quarter of Section 20, all in Township 1 North, Range 66 West of the 6" Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township 1 North, Range 66 West of the 6t° Principal Meridian, being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, TIN, R66W, 530/S29, 2007, PLS 25942" and at the center 1/4 corner by a recovered and accepted 1- 1/4 inch axle, with the line considered to bear N89°32'31"E, a distance of 2,650.72 feet. Commencing at the west V. corner of Section 29, Township 1 North, Range 66 West of the 6th Principal Meridian, thence N00°07'42"W a distance of 2,669.78 feet to the intersection of the north line of said County Road 6 and the easterly line of County Road 27 (width varies) and the Point Of Beginning; Thence N89°32'46"E along the north line of said County Road 6 a distance of 2,634.01 feet to the east line of said southwest one -quarter of Section 20; Thence S00°29'35"E along said east line a distance of 30.00 feet to the north V. corner of said Section 29; Thence S00°29'35"E along the east line of said northwest one -quarter of Section 29 a distance of 30.00 feet to the south line of said County Road 6; Thence S89°32'46"W along said south line of County Road 6 a distance of 708.88 feet; Thence leaving said south line of County Road 6, N00°27' 14"W a distance of 30.00 feet; Thence S89°32'46"W along a line 30.00 feet south of and parallel to (as measured at right angles) said north line of County Road 6 a distance of 1,925.00 feet to the easterly line of said County Road 27; Thence N00°46' I5"W along said easterly line of County Road 27 a distance of 30.00 feet to the Point Of Beginning. Containing a calculated area of 100,284 Square Feet or 2.302 acres, more or less. I, Charles Beresford, a Professional Land Surveyor in the State of Colorado, do hereby state that the above legal description was prepared by me or under my responsible charge, and on the basis of my knowledge, information and belief, is correct. Charles Beresford, Professional Land Surveyor Colorado Registration No. 35583 For and on behalf of Nolte Associates, Inc. 8000 S. Chester Street, Suite 200 Centennial, Colorado 80112 Page 1 of 1 EXHIBIT B ANNEXATION BOUNDARY MAP OF PROPERTY PROPOSED FOR ANNEXATION OF A PORTION OF WELD COUNTY ROAD 6 (WCR 6) (MAP 9 ANNEXATION) 5 fi 1 Ia F nit TJi id L ay� Fad Iii !H id Iiilij hi ble-he 0113 Ili t.i !,q II9ii� "F ��un 9W513 1 A 210 ;hi —Ear- �IDla rittt IIIlk. COLORADO WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 5, 2009 Vestas Blades America Inc 11140 Eastman Park Drive Windsor, CO 80550 Re: Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 6 (Map 9 Annexation) Dear Sirs and Madaams: This letter is to notify you that on Monday, March 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider a Petition for Annexation to the City of Brighton, Colorado, of a Portion of WCR 6 (Map 9 Annexation). The approval of the Petition is necessary for the annexation to proceed. The Board's consideration will take place in the First Floor Meeting Room, 915 10`" Street, Greeley, Colorado. Public testimony regarding the Petition will be heard at that time, and you are welcome to attend. I believe that previously you were notified of the annexation of this roadway by the City of Brighton. First reading of the annexation ordinance before the Brighton City Council occurred on February 17, 2009. Second reading will take place on March 10, 2009. Please call me if you have any questions regarding this letter or the enclosed. I may be reached at (970) 356-4000, ext. 4390. erely� ti e`I. Barker Weld County Attorney Enc. pc: Clerk to the Board Page 1 of Jennifer VanEgdom From: Margaret Brubaker [mbrubaker@mmllc.com] Sent: Thursday, March 12, 2009 4:02 PM To: Esther Gesick Cc: 'Esquibel, Manuel'; 'Falconburg, Marv'; williamesq@aol.com; Bruce Barker Subject: RE: Executed Documents by Brighton City Council Attachments: Executed Ft Lupton IGA 3 11 09.pdf Esther — As requested, please find attached a pdf copy of the fully executed IGA between Brighton and Ft. Lupton. Your procedure for getting to me an original Annexation Agreement (Brighton/Weld County), the original signed 9 Petitions (for annexation of the roads), and a copy of the Resolution from the March 10 Commissioners Meeting, all signed by Chairman Garcia , will work — I will look for those documents in the mail. And appreciate your assistance in facilitating and expediting this matter. Please call if you have questions or need anything further. Best regards — Margaret Brubaker Margaret R. Brubaker City Attorney, City of Brighton MEHAFFY BRUBAKER & ERNST LLC 21 N. 1st Avenue, Suite 290 Brighton, CO 80601 mbrubaker@mmllc.com (303) 659-0731 Fax: (303) 659-0752 CONFIDENTIALITY NOTICE: This electronic message transmission, and any attachments, is intended only for use by the recipient al may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited. If you hal received this e-mail in error, please immediately notify me at our main office number [(303) 659-0731] and permanently delete th original and any copy of the e-mail and any printout thereof. Thank you. From: Esther Gesick [mailto:egesick@co.weld.co.us] Sent: Wednesday, March 11, 2009 2:40 PM To: Margaret Brubaker; Bruce Barker Cc: 'Esquibel, Manuel', 'Falconburg, Marv'; Brighton City Hall; williamesq@aol.com; Cyndy Giauque Subject: RE: Executed Documents by Brighton City Council Hello Margaret, Upon receipt of a copy of the fully executed Brighton/Ft. Lupton Growth Boundary IGA from the City of Fort Lupton and the origin Annexation Agreements which you mailed, I will coordinate with Commissioner Garcia to sign all of the necessary documents. We County will keep one original IGA and copies of the petitions, and mail a copy of the Commissioners Resolution and the remaining original IGA and petitions to you. If quicker delivery is required, please let me know and we can work to make the necessary arrangements. Sincerely, Esther E. Gesick Deputy Clerk to the Board 915 10th Street Greeley, CO 80631 (970)356-4000 X4226 3/12/2009 Page 2 of (970)352-0242 (fax) From: Margaret Brubaker [mailto:mbrubaker@mmllc.com] Sent: Wednesday, March 11, 2009 2:19 PM To: Esther Gesick; Bruce Barker Cc: 'Esquibel, Manuel'; 'Falconburg, Marv'; Brighton City Hall; williamesq@aol.com Subject: Executed Documents by Brighton City Council Good Afternoon, Esther — As we discussed after the County Commissioners' meeting yesterday morning, please find attached the following: • Brighton City Council Resolution No. 09-53 Approving the Annexation Agreement between Brighton and Weld County • Annexation Agreement between Brighton and Weld County, executed by Brighton (I will send two originals to you in today's mail and ask that you return one to me after it is executed by the County) • Brighton City Council Resolution No. 09-52 Approving the IGA between Brighton and Ft. Lupton, executed by Brighton (our staff delivered an original signed IGA to Ft. Lupton this morning; 1 am assuming that Ft. Lupton will forward a copy of a signed IGA to you after tonight's meeting — and 1 am copying the Ft. Lupton City Attorney on this e-mail.) Please let me know if anything further is needed at this time. Also, please advise on the County's process for delivering the nine (9) annexation petitions to the City (pending, of course, approval of the Ft. Lupton IGA). Thank you for your assistance. Margaret Brubaker, Brighton City Attorney Margaret R. Brubaker City Attorney, City of Brighton MEHAFFY BRUBAKER & ERNST LLC 21 N. 1st Avenue, Suite 290 Brighton, CO 80601 mbrubaker@mmllc.com (303) 659-0731 Fax: (303) 659-0752 CONFIDENTIALITY NOTICE: This electronic message transmission, and any attachments, is intended only for use by the recipient and may contain legally privileged and/or confidential information. If you are not the intended recipient of tF e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited. If you have received this e-mail in error, please immediately notify me at our main office number [(303) 659-0731] and permanently delete the original and any copy of the e-mail and any printout thereof. Thank you. 3/12/2009 CITY COUNCIL RESOLUTION BRIGHTON - FORT LUPTON GROWTH BOUNDARY IGA RESOLUTION NO. 09-S2 INTRODUCED BY: Rose A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, APPROVING THAT CERTAIN INTERGOVERNMENTAL AGREEMENT ("IGA"), BY AND BETWEEN THE CITY OF BRIGHTON AND THE CITY OF FORT LUPTON, COLORADO, ESTABLISHING A GROWTH BOUNDARY AS SET FORTH IN THE IGA, AND AUTHORIZING THE MAYOR TO EXECUTE THE IGA FOR THE CITY. WHEREAS, the City of Brighton is authorized and empowered by the people of the State of Colorado, to cooperate and contract with other Colorado municipalities pursuant to the Colorado Constitution, Article XIV, Section 18(2)(a), and Article XX; and WHEREAS, the City of Brighton is further authorized and empowered by the General Assembly of the State of Colorado, to cooperate and contract with other Colorado municipalities in the matter set forth in the attached Intergovernmental Agreement ("IGA"), pursuant to: C.RS., as amended, §29-20-101, et seq., and particularly §29-20-105; and §29-1-201, et seq., and §29-1- 203; §31-12-101, et seq., Parts 2 and 3 of Article 23 of Title 31; §31-15-708; §31-15-709; and Part 4 of Article 35 of Title 31.; and WHEREAS, the City of Brighton desires and intends to cooperate and contract with the City of Fort Lupton, Colorado, as set forth in the attached IGA, for the purpose of promoting orderly growth and quality development; promoting the economic viability and environmental integrity of their respective communities; planning the location and timing of municipal annexation and development which may result in demand for municipal services; providing for the efficient development and extension of municipal services; and avoiding unnecessary duplication of governmental services; and WHEREAS, the City of Brighton desires to maintain the orderly development of certain geographical areas which now are characterized by agricultural, industrial, residential estate, and open space, and in cooperation with the City of Fort Lupton, desires to set forth a "Growth Boundary Line" to facilitate such orderly development; and WHEREAS, in recognition of the foregoing findings, the City Council finds that it is appropriate and in the best interests of the City of Brighton that the attached Agreement be executed by the City. NOW THEREFORE, IT IS RESOLVED, that the City Council of the City of Brighton, Colorado, hereby finds and determines that the terms and provisions of the attached IGA are fair and reasonable to the City; that the IGA is hereby approved; that the Mayor is authorized and directed to execute the IGA for and on behalf of the City; and that the City Manager and his designees are authorized and directed to carry -out and perform the terms and provisions of the IGA, including the execution and delivery of such other documents and instruments as are reasonably necessary to carry -out the terms and provisions of the IGA. RESOLVED this l0`h day of March, 2009. CITY OF BRIGHTON, COLORADO: By: XeIAAI/I� r Janice. Pawlowski, Mayor ATTEST: By: Gay, j's s ez, City Clerk APPROVED AS TO FORM: By: Margaret Brubaker, City Attorney BRIGHTON V _ INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT LUPTON AND THE CITY OF BRIGHTON REGARDING GROWTH BOUNDARIES THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made and entered into this 10th day of March, 2009, by and between THE CITY OF FORT LUPTON, COLORADO ("Ft. Lupton") AND THE CITY OF BRIGHTON, COLORADO ("Brighton"). WHEREAS, the City of Fort Lupton and the City of Brighton find that: 1) Growth and development and demands for municipal services exist, and will continue to exist, within the vicinity of the municipalities. In particular, Vestas Blades of America has initiated development in the area and Brighton is providing water and sewer service to the area via infrastructure to be constructed generally in WCR 27, WCR 4 and WCR 6. Fort Lupton is also considering the extension of utility infrastructure in the vicinity of WCR 6 and WCR 27. 2) Each municipality has a commitment to orderly growth and quality development; to promoting the economic viability and environmental integrity of their respective communities; to planning the location and timing of activities and development which may result in increased demands for its services; to providing for the efficient development and extension of municipal services, facilities, and regulation; and, to avoid unnecessary duplication of governmental services. To facilitate the immediate provision of utility services in the area, Brighton is annexing certain portions of WCR 27, WCR 4 and WCR 6 into the City of Brighton. 3) Cooperation and increased coordination between the municipalities as represented in this Agreement will enhance the ability of the municipalities to achieve their respective and common goals. 4) The people of the State of Colorado have authorized municipalities to exercise the powers and to cooperate and contract in the manner set out in the Agreement through Colorado Constitution, Article XIV, Section 18(2)(a), and Article XX. 5) The General Assembly of the State of Colorado has authorized and encouraged municipalities to exercise the powers and to cooperate and contract in the matter set out in this Agreement through the enactment of State Statutes including, but not limited to: C.R.S., as amended, §29-20-101, et seq., and particularly §29-20-105; and §29-1-201, et seq., and §29-1-203; §31-12-101, et seq., Parts 2 and 3 of Article 23 of Title 31; §31-15-708; §31- 15-709; and Part 4 of Article 35 of Title 31. 6) This Agreement is entered into pursuant to the authority granted by the General Assembly and the people of the State of Colorado, as described above, and the subject matter and agreements contained herein are logical and foreseeable results of the State's enactment of the foregoing statutes and constitutional provisions; and WHEREAS, Fort Lupton and Brighton desire to maintain the orderly development of certain geographical areas which now are characterized by agricultural, industrial, residential estate, and open space, and to set forth a "Growth Boundary Line" to facilitate said orderly development; and WHEREAS, in recognition of the foregoing findings, it is appropriate and in the best interests of Fort Lupton and Brighton that this Agreement be executed by each of the parties hereto. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, it is agreed by and between the parties as follows: A. GROWTH BOUNDARY LINE: The "Growth Boundary Line" referenced in this Agreement is illustrated in Exhibit A, attached hereto and incorporated herein by this reference, and encompasses generally WCR 6, bounded by WCR 21 on the West, WCR 33 on the East, with certain "Additional Properties" to the north of WCR 6 generally located at and near the intersection of Highway 85 and WCR 6 and the intersection of WCR 27 and WCR 6. B. DESIGN STANDARDS: (1) Both municipalities agree to work with each other to establish design standards for industrial and commercial growth located within the vicinity of the Growth Boundary Line; and (2) both municipalities acknowledge the necessity, and agree to amend or otherwise modify their existing planning area maps, including "Planning Influence Area" maps, to comply with the terms of this Agreement, and to accomplish such amendments and modifications within six (6) months of the date of this Agreement. C. ANNEXATION: In order to achieve the purposes of the Agreement as described herein, the parties agree as follows with respect to annexation by each: 1. The City of Fort Lupton agrees not to exercise its annexation power south of the Growth Boundary Line; 2. The City of Brighton agrees not to exercise its annexation power north of the Growth Boundary Line; 3. Annexation by a party contrary to (a) or (b) above shall be permitted only upon mutual written agreement of the municipalities, and without such written agreement shall be null and void as either City will be without jurisdiction to grant such annexation. 4. The City of Fort Lupton supports and acknowledges the validity of the annexation by the City of Brighton of certain portions of WCR 27, WCR 4 and WCR 6 as more particular depicted in Exhibit "B" attached hereto and incorporated herein by this reference. 5. The City of Brighton agrees that if it annexes any properties abutting WCR 27 north of WCR 6, it will not annex any portion of WCR 27 north of WCR 6, and Fort Lupton agrees under such circumstances that it will permit Brighton at no charge to install all necessary utilities in WCR 27 to serve such annexed properties. To the extent that an affected portion of WCR 27 is in the City of Fort Lupton, Brighton agrees to conform to Fort Lupton's standard right-of-way and permitting process for installation of utilities, including restoration of the surface of the right of way after construction. D. DEANNEXATION OF A PORTION OF WCR 6: 1. Contemporaneously with the execution of this Agreement, Ft. Lupton shall initiate and with expedience complete the de -annexation of that portion of WCR 6 located generally between WCR 27 and Highway 85, as more particularly described in Exhibit "C" attached hereto and incorporated herein by this reference. Brighton agrees to pay all costs for surveying, preparing and recording necessary legal description(s) and exhibits to accomplish such de -annexation. 2. Ft. Lupton acknowledges and agrees that upon completion of such de - annexation, Brighton shall annex said portion of WCR 6 described above into the City of Brighton. E. CONSENT AND COOPERATION REGARDING BRIGHTON'S UTILITY PLAN AND 208 SERVICE PLAN AREA: 1. Contemporaneously with the execution of this Agreement, Fort Lupton shall cooperate with Brighton and provide its written consent and support of Brighton's Utility Plan and modification of the 208 Service Plan Area to indicate the inclusion of the properties north of WCR 6 into Brighton's growth area as depicted on the new Growth Boundary Line 3 defined herein at paragraph A above. Such written consent by Fort Lupton shall be directed to Brighton and the North Front Range Water Quality Planning Association. F. PARTIES TO EXERCISE GOOD FAITH: Each municipality agrees to devote its best efforts and to exercise good faith in implementing the provisions of this Agreement. G. INTENT OF AGREEMENT: This Agreement is intended to describe the rights and responsibilities only as between the named parties hereto. It is not intended to and shall not be deemed to confer rights to any persons or entities not named as parties hereto. Likewise, this Agreement shall not be construed to require any of the municipalities to annex any property, or to provide municipal services to any real property. This Agreement is not intended to limit in any way the powers or responsibilities of any other political subdivision of the State of Colorado not a party hereto. H. REMEDIES FOR DEFAULT: Should any party fail to comply with the provisions of the Agreement, any other party, after providing written notification to the non -complying party may maintain any appropriate relief, including injunctive relief. In the event of such litigation, the party prevailing shall be responsible for all costs, and attorney's fees. I. EFFECTIVE DATE: This Agreement shall become effective when executed by the municipalities described herein. J. TERM/RENEWAL: The Growth Boundary Line shall remain in full force and effect in perpetuity for all lands west of WCR 29, and shall remain in effect for lands east of WCR 29 for an initial term of ten (10) years beginning from the date of this Agreement unless earlier terminated by mutual agreement of the parties. Within sixty (60) days prior to the end of the initial ten year term, the parties shall meet in good faith to evaluate the efficacy of the "Growth Boundary Line" from WCR 29 at the eastern boundary of the Schara property to WCR 33 to determine if revisions are warranted and whether the Agreement shall be renewed for an additional term. Unless terminated as provided herein, the Agreement as to such lands shall be automatically renewed for successive five (5) year terms, unless, at least sixty (60) days prior to the expiration of any renewal term, written notice is provided of a party's decision not to renew the Agreement. Such decision will be by formal action of the governing body requesting termination. Except as set forth in Exhibit A, property west of WCR 29, both north and south of the Growth Boundary Line, shall not be subject to review, except by the further written agreement of the parties. 4 K. AMENDMENT: This Agreement may be amended only by a written document duly executed by the parties hereto. L. EFFECT OF INVALIDITY: If any portion of any paragraph of this Agreement is held invalid or unenforceable by a Court of competent jurisdiction as to any party, such invalidity or unenforceability shall not affect the other paragraphs of this Agreement except that, if a requirement or limitation in such paragraph is declared invalid as to one party, any corresponding requirement or limitation shall be deemed invalid as to the other party. IN WITNESS WHEREOF, the above parties hereto have caused this Agreement to be executed. CITY OF FORT LUPTON By: ATTEST: t Barbara Rodgers, City Clerk Clerk Shannon Crespin, May CITY OF BRIGHTON By: Jan E. Pawlowski, Mayor ATTEST: *- artinez, City Clerk EXHIBIT "A" GROWTH BOUNDARY LINE MAP Brighton & Ft. Lupton IGA Boundary Map Annexation Boundary Line 1.1111111111.41 _1Yak, County, Cubtada EXHIBIT "B" DEPICTION OF THOSE PORTIONS OF WCR 27, WCR 4, AND WCR 6 ANNEXED INTO THE CITY OF BRIGHTON • ANNEXA770N MAP YD THE CITY OP BMW -TON la.. r.rero«x mrw An •vi s nr.+ .m m..r. An. mPC .ro EXHIBIT "C" LEGAL DESCRIPTION OF THAT PORTION OF WCR 6 TO BE DE -ANNEXED BY THE CITY OF FORT LUPTON LEGAL DESCRIPTION: BEING A PORTION OF COUNTY ROAD 6 (70 FOOT WOE RIGHT-OF-WAY) AND ALSO BEING A PORTION OF THE "LUPTON LAKES ADDITION, ANNEXATION NO. 1, 2, 3, 4, 5,5 AND 7 TO THE CITY OF FORT LUPTON" OF RECORD AT RECEPTION NO. 3320933, RECORDS OF THE RECORDER'S OFFICE, WELD COUNTY COLORADO, LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 19 AND THE NORTHEAST ONE -QUARTER OF SECTION 30, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6114 PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SAID NORTHEAST CORNER OF SE TION 30, THENCE 5134'321441W ACROSS SAID NORTHEAST ONE -QUARTER OF SECTION 30 TO THE SOUTHEAST CORNER OF "ANNEXATION PARCEL NO. 7" OF SAID "LUPTON LAKES ADDITION, ANNEXATION NO. 1, 2, 3, 4, 5, 6 AND 7 TO THE CITY OF FORT LUPTON" ON THE SOUTH LINE OF SAID COUNTY ROAD 6 AND THE POINT OF BEGINNING; THENCE THE FOLLOWING TWO (2) COURSES ALONG THE SOUTHERLY LINES OF SAID 'ANNEXATION PARCEL NO. 7`. L SB9'39'55'W ALONG SAID SOUTH UNE OF COUNTY ROAD 6 A DISTANCE OF 1,685.04 FEET TO THE SOUTHWEST CORNER OF SAID "ANNEXATION PARCEL NO. 71 2. THENCE LEAVING SAID SOUTH LINE OF COUNTY ROAD 6, N00'19'58'W A DISTANCE OF 70.00 FEET TO THE NORTH UNE OF SAID COUNTY ROAD 6; THENCE N89'39'55'E ALONG SAID NORTH LINE OF COUNTY ROAD 6 A DISTANCE OF 1,684.50 FEET TO THE EASTERLY LINE OF SAID 'ANNEXATION PARCEL NO. 7'i THENCE LEAVING SAID NORTH UNE OF COUNTY ROAD 6 AND ALONG SAID EASTERLY LINE OF "ANNEXATION PARCEL NO. 7", SOO'46'15'F. A DISTANCE OF 70.00 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 117.934 SQUARE FEET OR 2.707 ACRES, MORE OR LESS. 4 8 EXHIBIT A Falconburg, Mary • From: Falconburg, Mary Sent: Thursday, November 20, 2008 10:15 AM To: 'MONICA Mika (1v1MlKA@cO.weid.co.us)' Cc: 'Kim Ogle' Subject: road annexation petition for Vestas Attachments: Petition 11 11 08 Draft.rtf; 20081120095219877.pdf Greetings Monica, We are trying to get the annexation of the roads to Vestas on an upcoming Council agenda and I am requesting signatures on the attached petition. What is your process and timeframe for this sort of thing? Also, I attached a compiled version of the roads proposed for annexation. We are doing it in series in order to meet the contiguity requirement. We have all the official maps and are having the legal descriptions prepared for the attachments. Cordially, Man' Fa1covr-burl, Ale? Community Development Director City of Brighton 22 South 4th Avenue Brighton, CO 80601 Phone & Fax: 303.655.2021 nifalconburgg brightonco.gov Integrity + Vision + Stewardship A Progressive Community bA Please don't print this e-mail unless you reallyneed to. Think Green and Reduce, Reuse, Recycle. • EXHIBIT B • HEARING CERTIFICATION - VESTAS BLADES AMERICA, INC./REGIONAL TRANSPORTATION DISTRICT/CITY OF BRIGHTON (USR #1676) PAGE 8 Raymond Gonzales, representative for the Brighton Economic Development Corporation, expressed his support for the project, and indicated the Board of Directors anticipates continued collaboration with the UCEDC in order to market the area and attract other renewable energy sources. • Mary Falconburg, Community Development Director for the City of Brighton, expressed his support for the proposed project, and indicated it has been a pleasure to work with staff from Weld County, as well as other agencies. He confirmed the proposed project is large in nature and has been coordinated in a very short time frame. He confirmed the applicant's engineer is working to accommodate the needs of the surrounding property owners, and several concerns are still being addressed. He indicated there is not a large amount of negative testimony to be presented today, due to the fact that the applicant's representatives previously reached out to the neighbors to provide information. He confirmed the City of Brighton is currently processing the annexation of the necessary roads, and the City will annex the property at a later date. He further confirmed the water and sewer improvements are currently being designed, and will be complete by the time the Certificate of Occupancy is issued. He indicated the time schedule is very challenging, and the City is committed, to financing the $8 million required to be invested in the proposed project. Mark Buschenfeldt, Colorado Office of Economic Development, indicated he is present to_express -Governor Bill Ritter's support of the proposed project. He confirmed Vestas has been working in conjunction with the Governor's Office since Governor Bill Owens was in office, and he. has assisted Vestas with the proposed project for the past year. He expressed his appreciation for the collaborative effort, and to Weld County staff for going above and beyond their duties in order to accommodate a short time frame. Richard Schara, surrounding property owner, clarified his property will not be directly affected by the proposed project; however, the additional amount of traffic traveling to the site will impact the surrounding roads, especially on County Road 6, east of County Road 29. He clarified his residence is located directly adjacent to County Road 6, and he expressed his concerns regarding employees traveling to the site from all directions, since many employees will most likely not utilize State Highway 52, due to the congestion on the road. He indicated additional improvements will also be necessary on other road segments than the designated routes suggested by staff. He expressed his support for the project, since he thinks it will be a great asset for the community. In response to Commissioner Masden, Mr. Dunker confirmed road counts will be taken on both County Roads 29 and 31, Department staff will continue to monitor these roads, and the applicant will be required to provide dust abatement as a part of the Long -Term Road Maintenance Agreement. Further responding to Commissioner Masden, Mr. Schara indicated County Road 29 does not currently receive dust abatement; however, County Road 6. up to the intersection with County Road 29, does receive treatment from the County. He confirmed with the proposed additional traffic, both County Roads 29 and 31 will require additional improvements. Commissioner Masden stated staff has confirmed that both roads will be monitored, and improvements will be provided as necessary. Nick Febbraro, surrounding property owner, indicated he concurs with the concerns presented by Mr. Warner, and stated his property is located due south of Mr. Warner's property, therefore, he faces a lot of the same problems. He confirmed he has been working closely with the applicant's representatives; however, they have failed to satisfactorily address the concerns arising from the 2008-3193 PL1989 EXHIBIT C CITY OF EtNESiMTON 22 South 4th Avonvo - Brighton, Colorado BOCa6'1 January 21.2009 Community Development 22 South 4th Avenue Brighton, Colorado 80601 303-655-2069 (Phone raid Facsimile) ccrt'il'.arl?li I tm co. ?NI .t"") ti .. Veld County Board of County Commissioners Weld County Attorney Brighton School District 27J RE: Annexation Notification for a portion of Weld County Roads 4, 6 and 27 To Whom It May Concern, Per CRS 31-12-108 (2), your agency is required to obtain a copy of the published notice, resolution, and petition (not applicable for the annexation of county roadways) for the annexation of portions of Weld County Roads 4, 6 and 27. It should be noted that the public hearing was originally scheduled for Tuesday, February 3, 2009; however; the city clerk's officeImissed the publication deadline. Therefore, city staff will be requesting the meeting be moved to Tuesday, February 17, 2009 in order to meet the publication requirements as set forth in CRS 31-12-108 (2). If you have any questions or concerns please feel free to contact ine at (303) 655-2022 or via email at i pratlyer.a'brichtoneo.i'i». )-lolly Prather, AICP Planning Manager Enclosed: o Copy of Published Notice of Hearing o Copy of Resolution to Set Hearing Date Administration . Building Division > Code Enforcement d Engineering Division o Planning Division Our Mission... Integrity + Vision Stewardship = A Progressive Community bQ ct ct 4.42t c, 0 U Proposed Ft. Lupton Urban Growth Area DACONO Urban Growth Area FORT LUPTON Urban Growth Area -v c t Oil County Urban Growth Boundary Lakes & Rivers • (n C4 Ft Lupton Municipal Referral Area o (Area of Influence) 0 a) .9 J hTt- 5 O �0.1 z 1.4 is • - it 10 at 0 V - hrl4,Y t r !t ) L., i aa \ L a o4./ Iraq c 6o SO NI. ^ et a:) 6E th:) 6E In a a.) �J e. ♦ L as SY 1 I P vdd 1 - - id • if ID Hi sere 5 AV _ •- C`) CAS CI 1 i-EfU)�i• AV SM'U1vH V• LS •1 Et aJ Z ., • f a TIM cl- ^ - er 0it l V r.) r•I (N J h E r/1 'BRIG ix It It a7 .. • It J i _ a .. IF ((, t -< at ID . ' 1 O• - paGG •L l•• .. 6Z$3 C Vi O A a:) Y . . . _•p... •- r . �,� A� / ,� :B�1�IIMi■ 4!.• �� .� +*,Cr' iii :*�.�t��,�A�, _— 'e . i`�� ►. '�S . •fit Net.;. �•IIIE' ._ -- ,LL — It .j--' 1�'c= ere •,, r,, 5E it SD �•�♦d',�•��•T''`♦�•i►♦�•�•�•� •{I � �. 5 S Et �•�•�v�♦��•A 5 i it`ll.) CR opmcr(Cas .x,• . 4' slda3. n 4. • • r - • I r r• n n K V C J 11 19 a 2`J 21 n FIRESTONE ea ti) • d r ee V ® n • Q • SA c LI IL) ,i MJ. L a.) LI 113 al• -1113 �(+� c 12 f` _h ua31uv • U - _• s.• Lit 1 1 a p ik _ s l a.) • it"I O • Ly S1)1 a ate'' r - Q = `�,�� "�i(y 1+. < SR A.Wi- ;RACI A\ f Z 1I- ) N1 ,l'1 `I'3N 6,7 >13 ' i I 11117177 M}.II; � 1 ld 3N113SVfl MAR -05-2009 THU 04:14 PM WELD COUNTY PUBLIC WORKS FAX Na 970 304 6497 P. 02 Quit Claim Deed No. 31'U, KNOW ALL MEN BY THESE PRESENTS, That the UNION PAC:I!1C RAILWAY COMPANY, which is a Corporation of the United States are Auerica,ard the successor by due emnaolidation of the Denver ifie Railway and Telegraph Company,in consideration of the e'kn of One ($1.00) D0llar,to it paid,the receipt of which ie hereby ,,In- knowledged,hath Remised,Releassd and Forever Quit-Clalued,am. le these presents loth hereby Remiae,Release and Forever Quit -Gate unto the County of Weld in the State of Colorado,the followilyq described Real Eetate,situate,lying end being in the County l'f weld and in the State of Colarado,and described as follcwa,tr nit: Beginning at the intersection of a line parallel with ate( Two hundred (200) feet West of the center line of the main track Jr' the Union Pacific Railway, with a line parallel with end Thi,Ili (30) feet West of the East line of Section No. Thirty (30) i'n Town- ship NO. One (1) North of Range No. Sixty six (66) West of ton Sixth Principal Meridian, thence Southwesterly along a line :lor- alidl with and Two hundred (200) feet West of the venter ltni of the ()min track of the Union Paeifie Railway to the interseetlaa With the South line of Section No. Thirty one (31) in the Tarauhip and Range Aforesaid, thence East along the South line of sail (Motion No. Thirty one (31) to the intersection with a line ;uAN- *Ilel with and One hundred and forty (240) feet West of the ml l.ter line of the main track of the Union Pacific Railway,thence IYnrth- easterly along said last mentioned parallel line to the rote.“ section with a line parallel with and Thirty (30) feet Eat .01 the East line of Section No. Thirty (30) in Township No. One (1) Mirth of Range No. Sixty six (66) West of the Sixth Principal MerL.hna, thence West to the place of beginning. This conveying, is upon the express condition that the c olp of land herein aenveyed,bhall be used for the purposes of a )Ualie road forever and for no other purpose,Md should it at any t;i'n denim tb be used for such purpopt,the legal and equitable to the same shall tamediately revert to.and Wattle re -vested lit the Union Pacific Railway Company,(the Grantor herein) its auomeesOrf or aalians. TO NAPE OD TO hOLD the said premises with all the,rith+m. aed 'l.dasa. „yy apparlenansia thereunto belonging unto the said grantee and adeignb forever. 1696-0002 MAR -05-2009 THU 04:14 PM WELD COUNTY PUBLIC WORKS FAX NO. 970 304 6497 P. 03 • RMw. • IY P1 ON DPI —R-- N WITNESS W$Zk*CP,ths said grantee, we UNION PACIPIC RAILWAY OOIWANY,b.1% Orissa there presents to ps see Di it with its aorppratt seal,and to ti shined be its Prastewai N a !djl;.fl.. Its Seers this - y-4.41.4”“.= tf� Secretary. i TAT UNION PACIPIC RAILWAY CUMIN, ay/ _is____,!_._1 ! Pros S4 Al IT 1.1111111ROP, That eA.�1T7�iY[rinLttrIt A.D. 1✓ r--, before as State Pull le, in grit ler ado. ammo by- d• w --(p li M President,rho is personally to.S an M the 'Mantissl psrsen an, nen it salsa: ell ivi to the tonguing iastrujSdt w au Pitslalts*, snit then am were soanawtsdip* the sides allot and sealing of said rahtpi*att to W hie ; v Steep set set SM dNd,and the voluntary or IIM n. . l'd of etii Q'C .71hta .... .19 TN WITNESS t ONOMOP. I heel WC *Me , in Ida OSA" sM 00 Iii my ham and Mee lt* Oitr IT NC*Iii n expires March 3.1899, • I! 1St fl a" I s.' 0040 I ,,Ii-lca 1, wooaaa MAR -05-2003 THU 04:15 PM WELD COUNTY PUBLIC WORKS FAX NO. 970 304 6497 P. 04 L .7. • WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 March 3, 2009 Janice E. Pawlowski, Mayor City of Brighton 22 South 4th Avenue Brighton, CO 80601 Re: WCR's 4, 6, and 27 Annexations Dear Mayor Pawlowski: On behalf of the Board of County Commissioners of Weld County, I wish to express objection to the manner in which the City of Brighton is annexing portions of Weld County Roads ("WCR's") 4, 6, and 27. Specifically, it is the Board's position that annexation of roadways (without any "flags") under the jurisdiction of Weld County require the petition of the Board of County Commissioners prior to consideration by the annexing municipality. The Board has taken this stance with respect to many "road only" annexations, the most recent being for various streets and roads around the Town of Frederick. This position is based upon a reading of C.R.S., Section 31-12-105(1)(e)(I). The Board typically requires as a condition of approval of the annexation petitions an annexation agreement between the County and the municipality. Such an agreement includes requirements of the municipality to continue to respect current accesses and refrain from passing regulations for the roadways that restrict the operation of farm vehicles thereon. Enclosed is a copy of the recent annexation agreement between Weld County and Frederick. With this in mind, the Board respectfully requests that Brighton reprocess the pending annexations of portions of WCR's 4, 6, and 27 by requesting that the Board of County Commissioners of Weld County first approve and submit petitions for such annexations. Please call me at (970) 356-4000, extension 4390, if you have any questions or need additional information. Sincerely, Enc. Po: William F. Garcia race T. Barker - Weld County Attorney ANNEXATION AGREEMENT • THIS ANNEXATION AGREEMENT is made and executed this day of , 2009, by and between the COUNTY OF WELD, COLORADO (hereinafter referred to as "Annexor") and the TOWN OF FREDERICK, COLORADO (hereinafter referred to as "Town"), for the annexation of portions of and adjacent to Weld County Roads 11, 11.5, 13, 16, and 18. WITNESSETH: WHEREAS, Annexor is the governmental entity which owns and controls certain real property which is part of various Weld County Roads located adjacent to Town and more particularly described in Exhibit A (containing Exhibits A-1 through A-7), which are attached hereto and incorporated herein by reference, and WHEREAS, Annexor has been requested to file petitions with the Town for the purpose of annexing to the boundaries of the Town the real property described in Exhibit A (hereinafter referred to as "the Real Property"), and WHEREAS, the proposed annexations will result in right-of-way frontage on one side of the subject right-of-ways being subject to the jurisdiction of the Town, while frontage on the opposite side of such right-of-ways remaining subject only to the jurisdiction of Annexor, and WHEREAS, Annexor desires to impose upon the Town certain conditions relating to the proposed annexations and to the effectiveness of the referenced petitions, and WHEREAS, the Town has reviewed and approved the conditions requested by Annexor and desires to make the proposed annexations subject to the conditions set forth hereinafter. NOW THEREFORE, in consideration of the foregoing premises and the covenants, promises and agreements of each of the parties hereto, to be kept and performed by each of them, it is agreed by and between the parties hereto as follows: 1. Submission of Annexation Petitions: Annexor has submitted to the Town for its consideration certain annexation petitions for the annexation of the real property described in Exhibit A, with said petitions being incorporated herein by reference (hereinafter the "Annexation Petitions"). The Annexation Petitions have been submitted on the express condition that they will be approved by the Town and the Real Property described shall be annexed to the Town pursuant to the conditions set forth in Paragraph 2, hereunder, 2. Conditions Applicable to Annexation. It is expressly understood by the Town that certain requirements are being imposed by Annexor as a condition precedent to the Town's annexation of the Real Property. These conditions, to which Town agrees in total, are as follows, which shall apply from and after the date of annexation of the Real Property: (a) Subsequent to annexation, Town shall be responsible for construction, upgrades, widening, and maintenance of the Real Property, including all road surface and base, bridges and culverts. By virtue of its entering into this Annexation Agreement, Annexor has no responsibility to improve and/or repair any of the Real Property other than Fredaicfc ANNEXATION AGREEMENT Final v3 SAmcs2.17-09.doc conducting routine maintenance up to the date of annexation. (b) Town shall not impose any new weight limitation on the roads and bridges applicable to vehicles using the Real Property, other than those imposed under applicable state law, unless future engineering inspections of a bridge requires a weight restriction; (c) No attempt shall be made by the Town to limit vehicular access or use of the Real Property so as to exclude farm or agricultural vehicles and equipment. (d) Current ingress and egress to the Real Property for current uses shall continue to be allowed for such purposes, the intent being that annexation shall not impair or affect current access. (e) The future right -of way for both Weld County Road ("WCR") 11 (currently classified by Annexor as a "Preferred Arterial Route") and WCR 13 (currently classified by Annexor as a "Strategic Roadway) should accommodate major arterial widths. Therefore, Town agrees to provide a paved width sufficient to classify a mad as a major arterial and equal to Annexor's strategic roadway width. Town and Annexor agree to obtain necessary additional right -of way to meet the needs of anticipated future road projects in the course of development approval within their respective jurisdictions. 3. Weld County Road Maintenance Records. The Weld County Department of Public Works shall provide Town with copies of its maintenance records and recommended schedules for all roads and bridges subject to this Annexation Agreement. 4. Entire Agreement. This instrument embodies the entire agreement of the parties with respect to the subject matter hereof. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. No modification to this Agreement shall be valid unless agreed to in writing by the parties hereto. 5. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their successors in interest. 6. No Third -Party Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this agreement shall give or allow any claim or right of action whatsoever by any other person not included in this agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this agreement shall be an incidental beneficiary only. 7. No Waiver of Immunities. No portion of this agreement shall be deemed to constitute a waiver of any immunities the patties or their officers or employees may possess, nor shall any portion of this agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this agreement. 2 Frederick ANNEXATION AGREEMENT Final v3 SAnies2-17-09.doc 8. Severability. If any term or condition of this agreement shall be held to be invalid, illegal or unenforceable, this agreement shall be construed and enforced without such a provision, to the extent this agreement is then capable of execution within the original intent of the parties. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officials to execute this Agreement the day and year first above written. AI TEST: J 410 Clerk to the Board ATTEST: OF WELD, a political Weld County ion of the STATE OF COLORADO: illiam F. arcia, Chairman Board of County Commissioners, County of Weld (02/18/2009) TOWN: TOWN OF FREDERICK, a municipal corporation of the STATE OF COLORADO By: By: Nanette S. Fomof, Town Clerk Eric E. Doering, Mayor 3 Frederick ANNEXATION AGREEMENT Fuel v3 SAnies2-17-09.dac • Q2 () ,11 ,,, 3 147131=27 Calderon named. None WCR 27 851534/8 Ass Brighton 80601 0965 ResidentialN N I 3 147131030)14 Wend, Eemilo Trust None431 WCR 2] 431]700 Brighton 80603 0965 Residential N N 9© ( !| 147131100097 Double ny Real Estate LLC 521WQ3) 1200x WCR Brighton 00601 16.009 Con/Res l 311,0097 Real Estate Acquisitions LLC 12539 WCR 4 12)99 WCR 4 Brighton 60503 11.940 CResidential 14712000061 Case Brian O None 15210 WCR 4 13210 WCR 4 Brighton 80601 1700 Residential 14712W�22 Corn 98800 None 13239 WCR 4 13210 WCRBox Brighton 80601 3000 Clm00Residential 147130300096 KltavaulWhhlerslnflollst Inc 4061Wema BIN 13239 WCR 4 PO Box 537 Brighton 80601 50.450 CoMN Xone ]4713[070043 YJtayma Brothers Inc None None PO Box 537 Brighton 9EI1 0.450 VnpkttaE 6 14713=f90 Margolis land Company LLC None WCR4 8088 WQ 13 Firestone 00504 10.010 Residential N N 7 1471301CW23 MnMIm LLC None 1571 WCR 27 ]0189 Arapahoe Lafayette 80326 19.774 ConLMas N N 7 147129200115 kl Enterprises I LLC None 1760 WCR 27 PoBW843 Brighton 80301 5530 CdrvnertMl N N !! || 7 147I29:C= Stutz RInhard & Nancy l None 17529/0227 P004811777 LaPorte 10535 1.100 Residential N N I1147119=2 Bromley Mineral HoWlnesLLC Theodore Shipman 126)3 WCR 6 5e® South Quebec Street 5R 110 Greenwood Village 80111 33.970314culdli N N 147129200117 CRy of Brighton None None 22 Soothed, Roe ---- Brighton 80601 112 KU Agricultural N N 8 147130100108 KIS Ventures LLC None inn `NCR 6 PO Box620216 Littleton 30162 5.990 CommemLl N N 147129100110 Q 9 00110 Railroad Ventures LLC None 1812 W27 469 South Chen" Street, Suite 203 Denver 00243 5.700 PgrkulWnl B 147 N N 17[000011 Soutrxkk Ruth Anna None 13033 WQ6 1853 Colo Estes Part 30517 65. NNcukural N N T. ( || \ j:I\ $ \\$ {2 2 S2/ \( ! '| !( \( !. \\ {!{) A U H ! jii ||| )| |( Identify Results Page 1 of 1 Account#: R2954504 •Owners Name & Address:_ VESTAS BLADES AMERICA INC 11140 EASTMAN PARK DRIVE WINDSOR, CO 80550 • • Business/Complex: Parcel Valuation Legal Description Property Address: Street: WELD City: WELD Parcel#: 147129200117 PT NW4 29-01-66 LYING EAST OF UNION PACIFIC RAILROAD Land Value Imps, Value Total Value Tax Area: $42,338 $0 $42,338 Township Range Section Quart. Sec. 01-66-29-2 Land Subtotal: Sale Price $3,040,000 Land Assessed Value Impr.Assessed Value Total Assessed Value $12,280 $0 $12,280 Bordering County: Subdivison Name Block# Lot# Sale Date 1/14/2009 Deed Type WD Acres:112.4 Reception # 3599665 http://maps2.merri ck.com/Website/Weld/setSD l.asp?emd=QUERY&DET=Parcel&pin=l47... 3/5/2009 Easy Peel labels Use Avery® TEMPLATE 5160® • A ed Paper See tnstruction Sheet for Easy Peel Feature 1. AVEI.Ve 5660® �'ner D. & Dorothy A. Lane 1691 Egbert Street Brighton, CO 80601 vDamaris Calderon t/ 851 S. 34th Ave. Brighton, CO 80601 ✓Sakata Land Co. P.O. Box 508 'ic r 5, / Brighton, CO 80601 Xri-County Real Estate Acquisitions✓ LLB 12750 WC R 4 Brighton, CO 80603 l,,6eenleaf Wholesale Florist Inc. V & Kitayama Bros. P.O. Box 537 • Brighton, CO 80601 KS Enterprises I LLC 8 / KSEnterprises II LLC P.O. Box 843 Brighton, CO 80601 Richard A. & Nancy J. Stutzl/' P.O. Box 1177 LaPorte, CO 80535 Railroad Ventures LLC/' 469 S. Cherry St. STE 203 Denver., CO 80246 j Union Pacific Railroad / c/o Rod Peterson / Senior Manager - Real Estate '1400 Douglas Street, STOP 1690 J Omaha, NE 68179 • aniel J. & Linda A. Murphey 10601 E. 155th Ct. Brighton, CO 80601 v,enot Family Trust / 431 WCR27 Brighton, CO 80603 Michael V. Aberle✓ 12988 WCR4 Brighton, CO 80603 vfirian D. Case 12899 WCR4 Brighton, CO 80601 argolis Land Company LLC+1/ 8088 WCR 13 Firestone, CO 80504 Copart, Inc. 4655 Business Center Dr. Fairfield, CA 94534 K&SVentures LLCI P.O. Box 620216 Littleton, CO 80162 Dorene L. & Gene G. Tadehara 1772 WCR 27 1600 131 Brighton, CO 80603 �- r, CO 8 V 1=2teginaldo R. Martine P.O. Box 331 Brighton, CO 80601 Bruce R. Davis 1395 Cherry Street Brighton, CO 80601 ouble E Investments LLC "✓ P. O. Box 1291 Brighton, CO 80601 ,Walter E. Dittmer c/o Kendal P. Dittmer 2100 16th St., Unit 410 Denver, CO 80202 Amheim LLC 10189 Arapahoe Rd. Lafayette, CO 80026 Mary D. SipreV 1490 VCR 27 Brighton, CO 80603 //Sasaki Family Holdings, LLC 1821 WCR 27 \ Brighton, CO 80603 [,•(31- P42..(erre c.) pk.% u— i2//g/0? Etiquettes faciles a peter Utilisez le ciabarit AVERY® 5160® Sens de chargement Consultez la feuille wwW.avery.com d'instruction 1-800•Go-AVERY LEGAL DESCRIPTION: WSING A PORTION OF COUNTY ROAD 27 (RIGHT-OF-WAY VARIES), WELD COUNTY ROAD 6 GHT-OF-WAY VARIES) AND WELD COUNTY ROAD 4 (RIGHT-OF-WAY VARIES) LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 19, THE SOUTHWEST ONE -QUARTER OF SECTION 20, THE WEST ONE-HALF OF SECTION 29, THE EAST ONE-HALF OF SECTION 30, THE EAST ONE- HALF OF SECTION 31, AND THE NORTHWEST ONE -QUARTER OF SECTION 32, ALL IN TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST' 'A CORNER OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, THENCE S12°00'06"W ACROSS SECTIONS 30 AND 31 A DISTANCE OF 6,237.65 FEET TO A POINT ON THE WESTERLY LINE OF SAID WELD COUNTY ROAD 27, ALSO BEING THE WESTERLY LINE OF THE ORIGINAL 400 FOOT WIDE UNION PACIFIC RAILWAY COMPANY RIGHT-OF-WAY, AND THE POINT OF BEGINNING: THENCE N13°15'09"E ALONG SAID WESTERLY LINE OF THE ORIGINAL 400 FOOT WIDE UNION PACIFIC RAILWAY COMPANY RIGHT-OF-WAY AND THE WESTERLY LINE OF SAID WELD COUNTY ROAD 27 A DISTANCE OF 3,734.11 FEET; THENCE N85°36'45"W A DISTANCE OF 10.12 FEET; THENCE N13°15'09"E A DISTANCE OF 973.35 FEET; THENCE N00°49'24"E A DISTANCE OF 91.50 FEET; THENCE N13°29'24"E A DISTANCE OF 45.41 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE WEST HAVING A RADIUS OF 5,670.00 FEET, A CENTRAL ANGLE OF 09°24'29", AN ARC LENGTH OF 931.02 FEET, A CHORD OF WHICH BEARS N08°45'01"E A CHORD DISTANCE OF 929.98 FEET; THENCE N01°45'59"E A DISTANCE OF 99.60 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE WEST HAVING A RADIUS OF 5,679.00 FEET, A CENTRAL ANGLE OF 03°29'02", AN ARC LENGTH OF 445.30 FEET, A CHORD OF WHICH BEARS N01°10'30"E A CHORD DISTANCE OF 345.25 FEET; ENCE N00°34'01"W A DISTANCE OF 18.29 FEET; THENCE S89°16'06"W A DISTANCE OF 2.47 EET; THENCE N00°35'37"W A DISTANCE OF 118.87 FEET; THENCE N16°04'23"E A DISTANCE OF 104.25 FEET; THENCE N89°22'22"E A DISTANCE OF 6.47 FEET; THENCE N00°46' 15"W A DISTANCE OF 2,391.14 FEET TO THE SOUTH LINE OF WELD COUNTY ROAD 6 (WIDTH VARIES); THENCE S89°39'55"W ALONG SAID SOUTH LINE A DISTANCE OF 305.01 FEET TO THE EXISTING CORPORATION LIMITS FOR THE CITY OF FORT LUPTON; THENCE N00°46'15"W ALONG SAID CORPORATION LIMITS AND ACROSS SAID WELD COUNTY ROAD 6 A DISTANCE OF 70.00 FEET TO THE NORTH LINE OF SAID WELD COUNTY ROAD 6; THENCE, LEAVING SAID CORPORATION LIMITS N89°39'55"E ALONG SAID NORTH LINE OF WELD COUNTY ROAD 6 A DISTANCE OF 335.01 FEET TO THE INTERSECTION OF SAID NORTH LINE OF WELD COUNTY ROAD 6 AND THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 19; THENCE S00°46'15"E ALONG SAID EAST LINE A DISTANCE OF 10.00 FEET; THENCE N89°32'46"E CONTINUING ACROSS SAID COUNTY ROAD 27 A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF SAID NORTH LINE OF SAID WELD COUNTY ROAD 6 AND THE EASTERLY LINE OF SAID WELD COUNTY ROAD 27; THENCE N89°32'46"E ALONG THE NORTH LINE OF SAID WELD COUNTY ROAD 6 A DISTANCE OF 2,634.01 FEET TO THE EAST LINE OF SAID SOUTHWEST ONE -QUARTER OF SECTION 20; THENCE S00°29'35"E ALONG SAID EAST LINE A DISTANCE OF 30.00 FEET TO THE NORTH '/ CORNER OF SAID SECTION 29; THENCE S00°29'35"E ALONG THE EAST LINE OF SAID NORTHWEST ONE -QUARTER OF SECTION 29 A DISTANCE OF 30.00 FEET TO THE SOUTH LINE OF SAID WELD COUNTY ROAD 6; THENCE S89°32'46"W ALONG SAID SOUTH LINE OF WELD COUNTY ROAD 6 A DISTANCE OF 2,633.71 FEET TO THE INTERSECTION OF SAID SOUTH LINE OF WELD COUNTY ROAD 6 AND SAID EASTERLY LINE OF WELD COUNTY ROAD 27; THENCE S00°46' 15"E ALONG SAID EASTERLY LINE OF WELD COUNTY ROAD 27 A DISTANCE OF 09.60 FEET; THENCE S00°45'35"E A DISTANCE OF 372.87 FEET; THENCE S39°37'42"E A WISTANCE OF 21.14 FEET TO THE INTERSECTION OF SAID EASTERLY LINE OF WELD COUNTY ROAD 27 AND THE WESTERLY LINE OF THE UNION PACIFIC RAILWAY COMPANY 400 FOOT RIGHT-OF-WAY; THENCE S13°15'09"W CONTINUING ALONG SAID EASTERLY LINE OF WELD COUNTY ROAD 27 AND ALSO ALONG SAID WESTERLY LINE OF THE 400 FOOT WIDE RIGHT-OF- gAY A DISTANCE OF 302.48 FEET TO THE INTERSECTION OF SAID WESTERLY LINE OF THE ION PACIFIC RAILWAY COMPANY 400 FOOT RIGHT-OF-WAY AND THE NORTHWEST CORNER OF THAT PARCEL QUIT CLAIMED IN BOOK 149, PAGE 364, RECORDS OF THE RECORDER'S OFFICE, WELD COUNTY, COLORADO; THENCE 583°45'16"E ALONG THE NORTHERLY AND EASTERLY LINES OF SAID QUIT CLAIM PARCEL AND ALONG THE EASTERLY LINE OF SAID WELD COUNTY ROAD 27 A DISTANCE OF 60.45 FEET; THENCE S13°15'09"W A DISTANCE OF 1,977.63 FEET TO THE INTERSECTION OF SAID EASTERLY LINE OF WELD COUNTY ROAD 27 WITH THE NORTH LINE OF WELD COUNTY ROAD 4 (WIDTH VARIES); THENCE N89°16'45"E ALONG SAID NORTH LINE OF SAID WELD COUNTY ROAD 4 A DISTANCE OF 449.08 FEET; THENCE N89°33'59"E A DISTANCE OF 1,944.47 FEET; THENCE LEAVING SAID NORTH LINE OF WELD COUNTY ROAD 4, S00°26'01"E A DISTANCE OF 60.00 FEET TO THE SOUTH LINE OF SAID WELD COUNTY ROAD 4; THENCE S89°33'59"W ALONG SAID SOUTH LINE OF WELD COUNTY ROAD 4 A DISTANCE OF 1,299.62 FEET; THENCE S00°23'22"E A DISTANCE OF 10.00 FEET; THENCE 589°33'59"W A DISTANCE OF 644.65 FEET; THENCE S89°16'45"W A DISTANCE OF 466.35 FEET TO SAID EASTERLY LINE OF SAID WELD COUNTY ROAD 27; THENCE S13°15'09"W ALONG SAID EASTERLY LINE OF SAID WELD COUNTY ROAD 27 A DISTANCE OF 3,524.48 FEET; THENCE N76°18'51"W ACROSS SAID WELD COUNTY ROAD 27 A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. SAID ANNEXATION CONTAINS A CALCULATED AREA OF 946,257 SQUARE FEET OR 21.723 ACRES, MORE OR LESS. • • • • • Legal Description Annexation 1 Being a portion of County Road 27 (60 foot wide per Quit Claim Deed of record in Book 149 at Page 364, records of the Recorder's Office, Weld County Colorado) located in the southeast one - quarter of Section 31, Township 1 North. Range 66 'Vest of the 6"' Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township 1 North. Range 66 West of the 6'h Principal Meridian, being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, TIN, R66W. S30/S29. 2007, PLS 25942" and at the center 1/4 corner by a recovered and accepted I- 1/4 inch axle. with the line considered to bear N89°32'31"E, a distance of 2,650.72 feet. Commencing at the west %4 corner of Section 29. Township I North, Range 66 West of the 6'h Principal Meridian, thence S 12°00'06"W across Sections 30 and 31 a distance of 6.237.65 feet to a point on the westerly line of said Weld County Road 27. also being the westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way, and the Point Of Beginning: Thence N 13° 15'09"E along said westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way and the westerly line of said Weld County Road 27 a distance of 60.00 feet; Thence leaving said westerly lines the following three (3) courses across said original 400 foot wide Union Pacific Railway Company right-of-way and across said Weld County Road 27: 1. S76°18'51" E a distance of 30.00 feet; S13°15'09"W 15'09"W along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 60.00 feet: 3. N76°18'51" W a distance of 30.00 feet to the Point Of Beginning. Containing a calculated area of 1.800 Square Feet or 0.041 acres. more or less. I. Charles Beresford. a Professional Land Surveyor in the State of Colorado, do hereby state that the above legal description was prepared by me or under my responsible charge. and on the basis of my knowledge, information and belief. is correct. Charles Beresford. Professional Land Surveyor Colorado Registration No. 35583 For and on behalf of Nolte Associates, Inc. 8000 S. Chester Street, Suite 200 Centennial. Colorado 80112 Page 1 of I • • • Legal Description Annexation 2 Being a portion of County Road 27 (60 foot wide per Quit Claim Deed of record in Book 149 at Page 364, records of the Recorder's Office, Weld County, Colorado) located in the southeast one - quarter of Section 31, Township 1 North. Range 661 Vest of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township I North, Range 66 West of the 6th Principal Meridian. being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, TIN, R66W, S30/S29, 2007, PLS 25942" and at the center 1/4 corner by a recovered and accepted 1- 1/4 inch axle, with the line considered to bear N89°32'31"E, "E, a distance of 2.650.72 feet. Commencing at the west ''/1 corner of Section 29, Township 1 North, Range 66 West of the 6"' Principal Meridian, thence Si 1°59'22"W across Sections 30 and 31 a distance of 6,177.66 feet to a point on the westerly line of said Weld County Road 27, also being the westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way; Thence S76°18'51 "E across said original 400 foot wide Union Pacific Railway Company right- of-way and across said County Road 27 a distance of 30.00 feet to the Point Of Beginning: Thence the following five (5) courses across said original 400 foot wide Union Pacific Railway Company right-of-way: 1. N 13° 1 5'09"E along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 180.00 feet: S76°18'51 -E a distance of 30.00 feet to the easterly line of said County Road 27: 3. S13°15'09"W along said easterly line and along a line 60.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 240.00 feet: 4. N76° 18'51" W a distance of 30.00 feet; 5. N13'15 —09"E along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 60.00 feet to the Point Of Beginning: Containing a calculated area of 7,200 Square Feet or 0.165 acres, more or less. I, Charles Beresford, a Professional Land Surveyor in the State of Colorado, do hereby state that the above legal description was prepared by me or under my responsible charge, and on the basis of my knowledge, information and belief, is correct. Charles Beresford. Professional Land Surveyor Colorado Registration No. 35583 For and on behalf of Nolte Associates. Inc. 8000 S. Chester Street, Suite 200 Centennial, Colorado 80112 Page I of I • • • Legal Description Annexation 3 Being a portion of County Road 27 (60 fbot wide per Quit Claim Deed of record in Book 149 at Page 364, records of the Recorder's Office, Weld County, Colorado) located in the southeast one - quarter of Section 31, Township 1 North, Range 66 West of the 6fi' Principal Meridian, Weld County, Colorado, and being moreparticularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township 1 North. Range 66 West of the 6`h Principal Meridian. being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec. TIN. R66W, S30/S29, 2007, PLS 25942" and at the center 1/4 corner by a recovered and accepted 1- 1/4 inch axle, with the line considered to bear N89°32'31"E, a distance of 2.650.72 feet Commencing at the west''/. corner of Section 29, Township 1 North. Range 66 West of the 6th Principal Meridian, thence S 11 °59'22"W across Sections 30 and 31 a distance of 6,177.66 feet to a point on the westerly line ot'said Weld County Road 27. also being the westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way, and the Point Of Beginning: Thence N I3°15'09"E along said westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way and the westerly line of said Weld County Road 27 a distance of 600.00 feet; Thence leaving said westerly lines the following three (3) courses across said original 400 foot wide Union Pacific Railway Company right-of-way and across said Weld County Road 27: 1. S76°18'51" E a distance of 30.00 feet; 2. S 13°15'09"W along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 600.00 feet: 3. N76°l8'5I "W a distance of 30.00 feet to the Point Of Beginning. Containing a calculated area of 17.999 Square Feet or 0.413 acres, more or less. I, Charles Beresford. a Professional Land Surveyor in the State of Colorado. do hereby state that the above legal description was prepared by me or under my responsible charge. and on the basis of my knowledge, information and belief, is correct. Charles Beresford. Professional Land Surveyor Colorado Registration No. 35583 For and on behalf of Nolte Associates, Inc. 8000 S. Chester Street. Suite 200 Centennial, Colorado 80112 Page I of I • • • Legal Description Annexation 4 Being a portion of County Road 27 (60 foot wide per Quit Claim Deed of record in Book 149 at Page 364. records of the Recorder's Office, Weld County, Colorado) located in the east one-half of Section 31. Township I North. Range 66 West of the 6'h Principal Meridian, Weld County. Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township 1 North. Range 66 West of the 6th Principal Meridian. being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec. TIN, R66W. S30!S29.2007, PLS 25942" and at the center 1/4 corner by a recovered and accepted 1- 1/4 inch axle, with the line considered to bear N89°32'31 "E. a distance of 2.650.72 feet. Commencing at the west 1 corner of Section 29, Township 1 North, Range 66 West of the 6,h Principal Meridian. thence S11 °51' 13"W across Sections 30 and 31 a distance of 5.577.82 feet to a point on the westerly line of said Weld County Road 27. also being the westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way: Thence S76°18'51 "E across said original 400 foot wide Union Pacific Railway Company right- of-way and across said County Road 27 a distance of 30.00 feet to the Point Of Beginning; Thence the following five (5) courses across said original 400 foot wide Union Pacific Railway Company right-of-way: 1. N 13°15'09"E along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly lines. a distance of 900.00 feet: 2. S76°18'51"E a distance ol'30.00 feet to the easterly line of said County Road 27: 3. S l3°l5'09"W along said easterly line and along a line 60.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 1,320.00 feet; 4. N76°18'51" W a distance of 30.00 feet; 5. N 13° 15'09"E along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly lines. a distance of 420.00 feet to the Point Of Beginning: Containing a calculated area of 39,600 Square Feet or 0.909 acres, more or less. 1, Charles Beresford, a Professional Land Surveyor in the State of Colorado, do hereby state that the above legal description was prepared by me or tinder my responsible charge, and on the basis of my knowledge, information and belief, is correct. Charles Beresford. Professional Land Surveyor Colorado Registration No. 35583 For and on behalf of Nolte Associates. Inc. 8000 S. Chester Street. Suite 200 Centennial, Colorado 80112 Page I of 1 • • • Legal Description Annexation 5 Being a portion of County Road 27 (60 foot wide per Quit Claim Deed of record in Book 149 at Page 364. records of the Recorder's Office. Weld County. Colorado) located in the east one-half of Section 31. Township l North. Range 66 West of the 6'h Principal Meridian. Weld County. Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township I North. Range 66 West of the 6`h Principal Meridian, being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, TIN, R66W, S30/S29. 2007, PLS 25942" and at the center (/4 corner by a recovered and accepted I - I/4 inch axle, with the line considered to bear N89°32'31 "E. a distance of 2.650.72 feet. Commencing at the west 1/4 corner of Section 29, Township I North, Range 66 West of the 6`h Principal Meridian, thence S11051' 13" W across Sections 30 and 31 a distance of 5,577.82 feet to a point on the westerly line of said Weld County Road 27. also being the westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way, and the Point Of Beginning: Thence N 13°l5'09"E along said westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way and the westerly line of said Weld County Road 27 a distance of 2,760.00 feet: Thence leaving said westerly lines the following three (3) courses across said original 400 foot wide Union Pacific Railway Company right-of-way and across said Weld County Road 27: I. S76°18'5I"E a distance of 30.00 feet: 2. SI3° 15'09" W along a line 30 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 2.760.00 feet: 3. N76° 18' 51"W a distance of 30.00 feet to the Point Of Beginning. Containing a calculated area of 82.798 Square Feet or 1.901 acres. more or less. I. Charles Beresford. a Professional Land Surveyor in the State of Colorado, do hereby state that the above legal description was prepared by me or under my responsible charge, and on the basis of my knowledge, information and belief, is correct. Charles Beresford. Professional Land Surveyor Colorado Registration No. 35583 For and on behalf of Nolte Associates. Inc. 8000 S. Chester Street, Suite 200 Centennial. Colorado 80112 Page 1 of I `,A��tittttttrttirr ir•. %O,i)0 RE B% \ y f •f•RF EJ�• I • fir^ i2 l)•oBQ� O • ��ii�O/e .OS-,... • • • Legal Description Annexation 6 Being a portion of County Road 27 (right-of-way varies) and County Road 4 (right-of-way varies) located in southwest one -quarter of Section 29. the southeast one -quarter of Section 30, the northeast one -quarter of Section 31 and the northwest one -quarter of Section 32, all in Township I North. Range 66 West of the 6th Principal Meridian, Weld County. Colorado. and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township l North, Range 66 West of the 6''' Principal Meridian, being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec. TIN, R66W. S30/S29. 2007, l'I,S 25942" and at the center 1/4 corner by a recovered and accepted 1- 1/4 inch axle, with the line considered to bear N89°322'31"E. a distance of 2,650.72 feet. Commencing at the west 1/4 corner of Section 29, Township I North. Range 66 West of the 6'" Principal Meridian. thence S E 0°29'03"W across Sections 30 and 31 a distance of 2,819.45 feet to a point on the westerly line of said Weld County Road 27 as described in Quit Claim Deed of record in Book 149 at Page 364, records of the Recorder's Office. Weld County, Colorado. also • being the westerly line of the original 400 foot wide Union Pacific Railway Company right-of- way: Thence S76°18'51"E across said original 400 foot wide Union Pacific Railway Company right- of-way and across said County Road 27 a distance of 30.00 feet to the Point Of Beginning; Thence N 13° I 5'09"E along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly line of the original 400 foot wide Union Pacific Railway Company right-of- way and said westerly line of County Road 27, a distance of 1,373.74 feet; Thence S76°44 -5 1"E a distance of 30.00 feet to the easterly line of said County Road 27 as described in said Quit Claim Deed of record in Book 149 at Page 364; Thence S13°15'09.'1,1/ along said easterly line of County Road 27 a distance of 1.197.36 feet to the intersection of said easterly line of County Road 27 with the north line of County Road 4 (right-of-way varies): Thence the following two (2) courses along said north line of County Road 4: 1, N89° 16'45"E a distance of 449.08 feet: 2. N89°33'59"E a distance of 1.944.47 feet; Thence leaving said north line of County Road 4. S00°26'01"E a distance of 60.00 feet to the south line of said County Road 4; Thence the following four (4) courses along said south line of County Road 4: 1. S89°33'59"W a distance of 1.299.62 feet: 2. S00°23'22"E a distance of 10.00 feet: 3. S89°33'59"W a distance of 644.65 feet: 4. S89' I6'45"W a distance of 466.35 feet to said easterly line of said County Road 27: Thence S13°15'09"W along said easterly line of said County Road 27 a distance of 1.964.48 feet; Page I of • • • Thence leaving said easterly line of County Road 27, N76°18'51"W a distance of30.00 feet: Thence N13°15'097 along a line 30.00 feet easterly of and parallel to (as measured at right angles) the westerly line of said County Road 27. a distance of 1.860.00 feet to the Point Of Beginning. Containing a calculated area of 252,167 Square Feet or 5.789 acres. more or less. 1. Charles Beresford. a Professional Land Surveyor in the State of Colorado, do hereby state that the above legal description was prepared by me or under my responsible charge, and on the basis of my knowledge. information and belief, is correct. Charles Beresford, Professional Land Surveyor Colorado Registration No. 35583 For and on behalf of Nolte Associates, Inc. 8000 S. Chester Street. Suite 200 Centennial, Colorado 80112 Page 2of2 • • • Legal Description Annexation 7 Being a portion of County Road 27 (width varies) located in the southwest one -quarter of Section 29, the east one-half of Section 30 and the northeast one -quarter of Section 31. all in Township 4 North, Range 66 West of the 6'h Principal Meridian, Weld County, Colorado. and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29. Township 1 North, Range 66 West of the 6`h Principal Meridian, being ntonumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, TIN. R66W. S30/S29. 2007, PLS 25942" and at the center 1/4 corner by a recovered and accepted 1- 1/4 inch axle. with the line considered to bear N89°32'31 "E. a distance of 2,650.72 feet. Beginning at the west'/, corner of Section 29. Township 1 North. Range 66 West of the 6h Principal Meridian; Thence S00°45'42"E along the east line of the southeast one -quarter of said Section 30 a distance of 562.61 feet to the intersection of the westerly line of the Union Pacific Railway Company 400 foot wide right-of-way and said east line of the southeast one -quarter of Section 30; Thence S 13°15'09"W along said westerly line of the Union Pacific Railway Company 400 foot wide right-of-way and the easterly line of County Road 27 a distance of 123.88 feet to the intersection of said westerly line of the Union Pacific Railway Company 400 foot wide right-of- way and the northwest corner of that parcel Quit Claimed in Book 149 at Page 364. records of the Recorder's Office, Weld County. Colorado: Thence the following two (2) courses along the northerly and easterly lines of said Quit Claim parcel and along the easterly line of said County Road 27: • 1. S83°45' 16"E a distance of 60.45 feet; 2. S13' 15'09"W a distance of 780.27 feet: Thence leaving said easterly line of County Road 27 and the Quit Claim parcel the following three (3) courses across said County Road 27: 1. N76°44'5I "W a distance of 30.00 feet: 2. S 13° 15'09"W along a line 30.00 feet westerly of and parallel to (as measured at right angles) said easterly line of County Road 27 a distance of 1.373.74 feet; 3. N76°18'51"W a distance of 30.00 feet to the westerly line of said County Road 27; Page I of • • • Thence the following fourteen (14) courses along said westerly line of County Road 27: 1. N13°15'09''E a distance of 314.11 feet: 2. N85°36'45"W' a distance of 10.12 feet; 3. N 13° 15'09"E a distance of 973.35 feet; 4. N00°49'24"E a distance of 91.50 feet; 5. N 13°29'24"E a distance of 45.41 feet to a point of curvature; 6. Thence along the arc of a curve to the left having a radius of 5.670.00 feet. a central angle of 09°24'29". an arc length of 931.02 feet, a chord of which bears N08°45'Ol" E a chord distance of 929.98 feet; 7. N01°45'59"E a distance of 99.60 feet to a point of curvature: 8. Thence along the arc of a curve to the left having a radius of 5.679.00 feet. a central angle of 03°29'02". an arc length of 345.30 feet. the chord of which bears N01°1 0'30"E a chord distance of 345.25 feet: 9. N00°34'01 "W a distance of 18.29 feet; 10. S89°16'06"W a distance of 2.47 feet; II. N00°35'37"W a distance of 118.87 feet; 12. N16°04'23"E a distance of 104.25 feet; 13. N89°22'22"E a distance of 6.47 feet; 14. N00°46' 15"W a distance of 1.075.03 feet: Thence County 2. leaving said westerly line of County Road 27 the following two (2) courses across said Road 27: N89° 13'45" E a distance of 30.00 feet to the east line of the northeast one -quarter of said Section 30: S00°46' 1 5"E along said east line of the northeast one -quarter a distance of 1,293.88 feet to the Point Of Beginning. Containing a calculated area of 228.109 Square Feet or 5.237 acres, more or less. 1, Char es Beresford, a Professional Land Surveyor in the State of Colorado, do hereby state that the abo a legal description was prepared by me or under my responsible charge. and on the basis of my nowledge, information and belief, is correct. Charles Colora For an 8000 S Centen Beresford, Professional Land Surveyor o Registration No. 35583 on behalf of Nolte Associates. Inc. Chester Street. Suite 200 ial. Colorado 80112 Page 2 ol'' `.,�tttttttttur,,f4,,,�� 4,00 REG / :.tt. 7 74'4,2 7,c-' ="58:(24':* Er; • rr ''' `••..••° '','��`��Y�1ttIAt ° �`'� . • • • Legal Description Annexation 8 Being a portion of County Road 27 (width varies) and County Road 6 (width varies) located in the southeast one -quarter of Section 19. the southwest one -quarter of Section 20. the west one- half of Section 29 and the northeast one -quarter of Section 30. all in Township 1 North, Range 66 West of the 6'h Principal Meridian, Weld County. Colorado. and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township 1 North, Range 66 West of the 6th Principal Meridian. being monutnented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped " Stantec, TIN. R66W, S30/S29, 2007. PLS 25942" and at the center I/4 corner by a recovered and accepted 1- 1/4 inch axle, with the line considered to bear N89°32'31"E. a distance of 3.650.72 feet. Beginning at the west 1/4 corner of Section 29. Township I North. Range 66 West of the 6th Principal Meridian: Thence N00°46' 15"W along the east line of the northeast one -quarter of said Section 30 a distance of .293.88 feet; Thence leaving said east line of the northeast one -quarter S89° 13'45"W a distance of 30.00 feet to the westerly line of said County Road 27; Thence N00°46' 15"W along said westerly line a distance of 1.316.1 1 feet to the south line of County Road 6 (width varies); Thence S89°39'55"W along said south line a distance of 305.01 feet to the existing corporation limits for the City of Ft. Lupton; Thence N00°46' 15"W along said corporation limits and across said County Road 6 a distance of 70.00 feet to the north line of said County Road 6: Thence leaving said corporation limits N89°39'55"F. along said north line of County Road 6 a distance of 335.01 feet to the intersection said north line of County Road 6 and the east line of the southeast one -quarter of said Section I9: Thence S00°46' 1 5"E along said east line a distance of 10.00 feet; Thence N89°32'46"E continuing across said County Road 27 a distance of 30.00 feet to the to the intersection of said north line of said County Road 6 and the easterly line of said County Road 27; Thence S00°46' 15"E along said easterly line of County Road 27 a distance of 30.00 feet; Thence N89°32'46" E along a line 30.00 feet south of and parallel to (as measured at right angles) the north line of said County Road 6 a distance of 1.925.00 feet; Thence S00°27' I4" E a distance of 30.00 feet to the south line of said County Road 6: Page 1 of 2 • • • Thence S89°32'46"W along said south line of County Road 6 a distance of 1,94.83 feet to the intersection of said south line of County Road 6 and said easterly line of County Road 27: Thence the following three (3) courses along said easterly line of County Road 27: 1. S00°46.15"E a distance of 2,609.60 feet: 2. S00°45'35"E a distance of 372.87 feet; 3. S39°37'42"E a distance of 21.14 feet to the intersection of said easterly line of County Road 27 and the westerly line of the Union Pacific Railway Company 400 foot right-of- way: Thence S13°15'09"W continuing along said easterly line of County Road 27 and also along said westerly line of the 400 foot wide right-of-way a distance of 178.60 feet; Thence leaving said easterly line of County Road 27 and said westerly line of the 400 foot wide right-of-way N00°45'42"W along the east line of the southeast one -quarter of said Section 30 a distance of 562.61 feet to the Point Of Beginning. Containing a calculated area of 216,300 Square Feet or 4.966 acres. more or less. 1. Charles Beresford, a Professional Land Surveyor in the State of Colorado, do hereby state that the above legal description was prepared by me or under my responsible charge. and on the basis of my knowledge, information and belief, is correct. Charles Beresford. Professional Land Surveyor Colorado Registration No. 35583 For and on behalf of Nolte Associates. Inc. 8000 S. Chester Street, Suite 200 Centennial, Colorado 80112 Page 2 of 2 •••• •••••��`4 tip' L�t••• �;t:�A%:. • • • Legal Description Annexation 9 Being a portion of County Road 6 (width varies) located in the northwest one -quarter of Section 29 and the southwest one -quarter of Section 20. all in Township 1 North, Range 66 West of the 6`h Principal Meridian, Weld County. Colorado. and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township I North, Range 66 West of the 6"' Principal Meridian. being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, TIN. R66W, S30/S29.2007, 1'LS 25942" and at the center 1/4 corner by a recovered and accepted 1- 1/4 inch axle, with the line considered to bear N89°32'31"E, a distance of 2,650.72 feet. Commencing at the west 1/4 corner of Section 29, Township I North, Range 66 West of the 6t Principal Meridian, thence N00°07'42"W a distance of 2.669.78 feet to the intersection of the north line of said County Road 6 and the easterly line of County Road 27 (width varies) and the Point Of Beginning: Thence N89°32'46"E along the north line of said County Road 6 a distance of 2.634.01 feet to the east line of said southwest one -quarter of Section 20: "Thence S00°29'35" F along said east line a distance of 30.00 feet to the north 1/4 corner of said Section 29: Thence S00°29'35"E along the east line of said northwest one -quarter of Section 29 a distance of 30.00 feet to the south line of said County Road 6; Thence S89°32'46"W along said south line of County Road 6 a distance of 708.88 feet; Thence leaving said south line of County Road 6, N00°27' 14"W a distance of 30.00 feet:. Thence S89°32436" W along a line 30.00 feet south of and parallel to (as measured at right angles) said north line of County Road 6 a distance of 1,925.00 feet to the easterly line of said County Road 27: Thence N00°46' 15"W along said easterly line of County Road 27 a distance of 30.00 feet to the Point Of Beginning. Containing a calculated area of 100.284 Square Feet or 2.302 acres. more or less. I. Charles Beresford, a Professional Land Surveyor in the State of Colorado, do hereby state that the above legal description was prepared by me or under my responsible charge. and on the basis of my knowledge, information and belief, is correct. Charles Beresford. Professional Land Surveyor Colorado Registration No. 35583 For and on behalf of Nolte Associates. Inc. 8000 S. Chester Street, Suite 200 Centennial. Colorado 80112 Page I of I 2; • C.) •,•558 • • • § 31-12-104. Eligibility for annexation (1) An area is eligible for annexation if the governing body, at a hearing as provided in section 31-12-109, finds and determines: (a) That not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the annexing municipality. Contiguity shall not be affected by the existence of a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, public lands, whether owned by the state, the United States, or an agency thereof, except county -owned open space, or a lake, reservoir, stream, or other natural or artificial waterway between the annexing municipality and the land proposed to be annexed. Subject to the requirements imposed by section 31-12-105(1)(e), contiguity may be established by the annexation of one or more parcels in a series, which annexations may be completed simultaneously and considered together for the purposes of the public hearing required by sections 31-12-108 and 31-12-109 and the annexation impact report required by section 31-12- 108.5. (2)(a) The contiguity required by paragraph (a) of subsection (1) of this section may not be established by use of any boundary of an area which was previously annexed to the annexing municipality if the area, at the time of its annexation, was not contiguous at any point with the boundary of the annexing municipality, was not otherwise in compliance with paragraph (a) of subsection (1) of this section, and was located more than three miles from the nearest boundary of the annexing municipality, nor may such contiguity be established by use of any boundary of territory which is subsequently annexed directly to, or which is indirectly connected through subsequent annexations to, such an area. (b) Because the creation or expansion of disconnected municipal satellites, which are sought to be prohibited by this subsection (2), violates both the purposes of this article as expressed in section 31-12-102 and the limitations of this article, any annexation which uses any boundary in violation of this subsection (2) may be declared by a court of competent jurisdiction to be void ab initio in addition to other remedies which may be provided. The provisions of section 31-12- 116(2) and (4) and section 31-12-117 shall not apply to such an annexation. Judicial review of such an annexation may be sought by any municipality having a plan in place pursuant to section 31-12-105(1)(e) directly affected by such annexation, in addition to those described in section 31-12-116(1). Such review may be, but need not be, instituted prior to the effective date of the annexing ordinance and may include injunctive relief. Such review shall be brought no later than sixty days after the effective date of the annexing ordinance or shall forever be barred. § 31-12-105. Limitations (1) Notwithstanding any provisions of this part 1 to the contrary, the following limitations shall apply to all annexations: (e)(I) Except as otherwise provided in this paragraph (e), no annexation may take place that would have the effect of extending a municipal boundary more than three miles in any direction • • • from any point of such municipal boundary in any one year. Within said three-mile area, the contiguity required by section 31-12-104(1)(a) may be achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway. Prior to completion of any annexation within the three-mile area, the municipality shall have in place a plan for that area that generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the municipality and the proposed land uses for the area. Such plan shall be updated at least once annually. Such three-mile limit may be exceeded if such limit would have the effect of dividing a parcel of property held in identical ownership if at least fifty percent of the property is within the three-mile limit. In such event, the entire property held in identical ownership may be annexed in any one year without regard to such mileage limitation. Such three-mile limit may also be exceeded for the annexation of an enterprise zone. § 31-12-116. Review (1)(a) If any landowner or any qualified elector in the area proposed to be annexed, the board of county commissioners of any county governing the area proposed to be annexed, or any municipality within one mile of the area proposed to be annexed believes itself to be aggrieved by the acts of the governing body of the annexing municipality in annexing said area to said municipality, such acts or findings of the governing body may be reviewed by certiorari in accordance with the Colorado rules of civil procedure. Such review proceedings shall be instituted in any district court having jurisdiction of the county in which the annexed area is located. In no event shall such a proceeding be instituted prior to the effective date of the annexing ordinance by the annexing municipality. § 31-12-115. Zoning of land while annexation is under way --zoning of newly annexed land -- subdivision of land while annexation is under way --regulatory impairments affecting newly annexed land used for agricultural purposes--notice--definitions (6)(a) Notwithstanding any other provision of law, whenever a municipality annexes an area that contains any portion of a public transportation right-of-way, a customary or regular use of which involves the movement of any agricultural vehicles and equipment, for the period during which land use within the annexed area is devoted to agricultural use and regardless of whether the annexed area has been zoned for agricultural uses, the municipality shall not adopt or enforce any ordinance or regulation affecting the right-of-way, whether arising in connection with zoning, rezoning, the regulation of traffic, or otherwise, so as to restrict such customary or regular use of the right-of-way that is in existence as of the time of the annexation. Nothing in this subsection (6) shall be construed as in any way restricting the municipality from adopting or enforcing traffic regulations that are either consistent with the customary or regular use of the right-of-way or are necessary for the safety of vehicular and pedestrian traffic using the right-of- way. (b) In addition to any other applicable notice requirements provided by law, not less than thirty • I days prior to final adoption of an ordinance or regulation affecting the right-of-way in an annexed area that is devoted to agricultural use and regardless of whether the annexed area has been zoned for agricultural uses, the municipality shall send notice of the proposed ordinance or regulation to the following persons by means of the following methods: (I) To any person who owns property in the annexed area that is contiguous to the right-of-way, by certified mail; and (II) To such persons as appear on a list maintained by the municipality of interested persons who are to receive such notice by first-class mail. The name of any such person shall remain on the list until such time as the person requests removal of the person's name from the list. (c) For purposes of this subsection (6), "agricultural vehicles and equipment" means any vehicle or equipment that is designed, adapted, or used for agricultural purposes. • • • February 17, 2009 Brighton City Council Hearing concerning the Annexations of WCR 4, 6 and 27. Opening Good evening Mayor and members of City Council. My name is Tom Parko, Planning Director with the City of Fort Lupton. I am here tonight on behalf of the City to oppose the road annexations of WCR 4, 6 and 27. We are opposed to these annexations being approved based on several issues. The City of Fort Lupton has standing to object as its City limits already include part of WCR 6, and thus well within one mile of the proposed annexations. Fort Lupton is aware that none of tonight's annexations go north of WCR 6, which is a boundary often discussed between the Cities as a natural geographical and political annexation dividing line. Fort Lupton's Comprehensive Plan, its 208 sewer boundary, its southern city limit, and the Fire District's boundary all go to WCR6. Our City has planning in progress to extend water and sewer down to WCR 6. We are very aware that tonight's annexations set the stage for immediate annexations desired by Brighton north of WCR 6, including the former Southwick property that Vestas now owns. That is why we are here. That is why the Fort Lupton Fire protection District is here. We ask that you postpone all these annexations, or at least the last two legs in the series involving WCR 6, until a reasonable Intergovernmental agreement can be worked out between the two Cities to prevent unplanned growth and developer bidding wars in the area between our communities. Brighton's current comprehensive plan does not go North of WCR 4. 1. The Colorado Constitution requires an annexation petition in this case. Section 30 of Article II of the Colorado constitution states that no unicorporated area may be annexed to a municipality unless either there has been an annexation election , or the annexing municipality has received a petition for the annexation of such area signed by persons comprising more that fifty percent of the landowners in the area. Neither one of those things have happened in this case. 2. The state statutes require an annexation petition in this case. The Municipal Annexation Act of 1965, found starting at 31-12-101 of the Colorado Revised Statutes, requires that a "Petition for Annexation" be filed with the City signed by landowners of the area intended to be annexed. Brighton is taking the position that that is not necessary, but,the areas proposed to be annexed are all county roads, owned and controlled by the Weld County Commissioners. The City of Brighton Resolution 08-164 passed on December 16, 2008 states that the City Council desires to initiate the annexation of the territory. There is no authority under Colorado law for the City to iniciate an annexation unless it owns the property in question or the area is an enclave. There are only four circumstances under Colorado law that an annexation may occur: • • • a. annexation by election b. annexation by petition c. annexation of an enclave d. annexation of municipally owned property A Flagpole annexation begins with an annexation by petition filed by a landlowner. In a flagpole annexation a "pole" along a road is extended to a "flag" of private property and the owner of that property petitions for annexation to include the private property and the road. In such a "flagpole" annexation C.R.S. 31-12-105(c) indicates that the owner of the road need not petition if, and only if, there is a petition from a private property owner using county roads as part of the annexation along with the private property. These are not flagpole annexations, as there is no "flag", just a "pole"consisting of county roads. In such a case, the County Commissioner's, as owners, must sign and file an annexation petition with the City. On February 12, 2009 I requested a copy of the petition for the roadways mentioned and the response was "the petition does not exist because a petition was not required". I received the same response from Weld County in an email dated February 12, 2009. The County Commissioners have not signed and filed a petition. If roads alone are to be annexed the owner of said roads must petition. 3. The Publication dates in this case were inaccurate and were too late. The Resolution of Substantial Compliance (Resolution No. 08-164) was passed on December 16, 2008. The Resolution initiated annexation proceedings and set a public hearing for February 3, 2009 to determine if the annexations of WCR 4, 6 and 27 comply with statutory regulations. The Resolution itself states that a hearing must be held not less than 30 nor more than 60 days following the approval of the Resolution. That meant not sooner than January 15 nor later than February 14th. Also, before a hearing may be held 31-12-108 CRS requires notice of that hearing be published in a newpaper for four successive weeks. The first legal notice ran in the January 14, 2009 edition of the Brighton Standard Blade. That January 14 legal notice stated that the public hearing was scheduled for February 17, 2009 and that the notice would run three more times in the January 21st, January 28th and February 4th editions. The January 21, 2009 legal notice stated that the public hearing was scheduled for February 2, 2009 and indicated that the notice ran only three times. The January 28th and February 4th legal notices stated the same date of February 3, 2009. Your staff report and tonight's ordinances state there was a publication of February 11, and there was not. Check your publication affidavit. The newspaper says there its no publication affidavit. Brighton had no legal standing to open a public hearing on February 3 and continue that hearing until February 17, 2009, or any date for that matter. Opening an invalid hearing, and then continung it to • • • February 17th could not have and did not cure the publication timing problem. The required publication had not occurred yet for there to be a hearing on February 3. Section 2 of the ordinances you have before you tonight states that the publication requirements were inadvertently not met. Section 3 of the ordinances you have before you tonight state that indeed the February 3 hearing occurred before the final 2 required publications. Yet, paragraph 4 of the resolutions you have before you tonight state that proper notice was given. These are irresolvable conflicts. A valid hearing cannot take place prior to the final publication, and nothing done in that hearing can be valid. More importantly, February 17th is, and always was, outside the 60 -day requirement. Sixty days from December 16th, is February 14th. For the City of Brighton to legally hold a hearing on the annexations the City needed to have run the legal notices in the December 24th, December 31st January 7th and January 14th editions. They got started too late to have a hearing on the 3r° and February 17 is outside the 60 day limit. 4. The publications were incomplete. The legal notices in the paper all mention an Exhibit A, containing a description of the subject property. Exhibit A was never published. The title of the published notices listing Weld County Roads 4, 27 and 6 are an inadequate description of the area intended to annexed. Of course, the full length of all of those roads were not intended to be annexed. 5. The City of Brighton did not conform to portions of C.R.S. 31-12-108.5 which details annexation impact report requirements. Section 7 of tonight's ordinances says no impact report is required. Although each one of the parcels is less that 10 acres, the total to be annexed is 11.6 acres, and there is no agreement between the County and the City waiving the requirement, thus an impact report is required. 6. Parts of the annexation area are within the Weld County RE -8 School District and Fort Lupton Fire Protection District and they were not notified as required by statute. Section 6 of the ordinances you have before you tonight says notice was sent to special districts and school districts, but neither the Fort Lupton Fire District nor the Weld RE -8 school distrct has received any notice of these proposed annexations. 7. 24-32-3209 CRS requires mandatory mediation of disputes over the proposed annexation of land. It requires a municipality, upon receipt of an annexation petition involving land included in a development plan of another local government to refer the petition to the other local government for review and their potential objection before the annexing municipality may take any action on the petition. Even though Brighton has no petition in this case, Fort Lupton is willing to engage in informal or formal mediation as contemplated by this statute. Closing: • • • Thank you for the opportunity to participate in this hearing and we look forward to hearing from you on how you will address these issues. If you have any questions please contact myself or Mike Konefal, the City Administrator, at City Hall at 303-857-6694. 1 Bruce Barker m: ent: To: Cc: Attachments: Brighton Annex.pdf (922 KB) Kim, Kim Ogle Thursday, February 12, 2009 9:29 AM Tom Parko Kim Ogle; Bruce Barker Brighton Annex.pdf I agree that nothing was signed. We did, however, list the Annexation report on the Consent Agenda as Communications (attached). I checked with Bruce and he stated municipalities are not required to gain Board approval in the instance of flag pole annexations in order to gain contiguity. Esther E. Gesick Deputy Clerk to the Board om: Kim Ogle t: Wednesday, February 11, 2009 9:08 PM Esther Gesick Subject: FW: Petition Esther I did not think that the Board signed anything, however, if something was of record I am hoping that you will know. Would you please check for me? Thanks, Kim • 3/3/2009 9:50 AM CITY OF BRIGHTON S CC Mouth 4th Avenue • uriohdon. Colorado 1110801 January 21, 2009 Weld County Board of County Commissioners Weld County Attorney Brighton School District 27J Community Development 22 South 4th Avenue Brighton, Colorado 80601 303-655-2069 (Phone and Facsimile) igneim bri.•hton co. you RE: Annexation Notification for a portion of Weld County Roads 4, 6 and 27 To Whom It May Concern, Per CRS 31-12-108 (2), your agency is required to obtain a copy of the published notice, resolution, and petition (not applicable for the annexation of county roadways) for the annexation of portions of Weld County Roads 4, 6 and 27. It should be noted that the public hearing was originally scheduled for Tuesday, February 3, 2009; however, the city clerk's office missed the publication deadline. Therefore, city staff will be requesting the meeting be moved to Tuesday, February 17, 2009 in order to meet the publication requirements as set forth in CRS 31-12-108 (2). If you have any questions or concerns please feel free to contact me at (303) 655-2022 or via email at hnratherPabrightonco.eov. Holly Prather, AICP Planning Manager Enclosed: • Copy of Published Notice of Hearing • Copy of Resolution to Set Hearing Date cr', cM SO fi_ Administration e Building Division 1 Code Enforcement t Engineering Division e Planning Division Our Mission... c-Kthtagrity - Vision - Stewardship = A Progressive Community 0 a -OL ! 0,7 2009-0330 • WIoniSOHY, I.u: W+l4, 2009 BRIGHTON Svxaw BLADE 296 re harem e] Cal me Pd:aso. ee Alai. run. t1 married PoMon • aim`, the 001.1 name • aloes rm Mara orrd sod child 1,9- a dud Year Cr more for [ JIMIB 'ra Pinner netrfled that end0n I] OM for mans roan 0, 2009 at 30 a m 'iron., 01. Courtroom 603, County Justice Cotter, Judroal c u., • 080601. 02 • cured soara me • gypigiate . min• roro 041:0 0' w 0-e`mxr TION Scam HoD da Dl ▪ P balan 14 2000 011 Hobe ]TICE TO CREDITORS a at JOHNIE RAY DANIEL JONNIE R. 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O, Coe 1 Ertl Name Kat` e Brink A14000.17165 [' $:0311. e. `AA 99203 Lire 52 • I Dieu, Bum! A-01 nap 9105.311 Moms Carry. Stale of Culorsda. Y Horgan. 500007001110, EiSSO_ MY M or comeralte . F 5 M , ce provender or Mbar wPWm09.95,0°X. loam [ufeC rx [alxtrog Srthntrm-tora ex &FORD le 91 pOC the parrOrMence el the warn I,a.. 0 m mM e ' *Mane memla e M Mud 01' Caoraam Sxa,a.cic Seppars Many 0,910 ur 0Y ba 111 nETlMD uFM9Xrm °10 Had l'aaea tO Re done. 15 rellu160 b filo a 0.0164 0M 01 the Madura radial and unnpa co l0 e[A°arm.* 0111 Wateer with Sanger.- omdc, Anerl00: An a "Tund B DO0n Bout rd. Suds MS Lakewood_ Camaro. 0]926999". 00y BMourn. Tanaka. Eno, Whoa ev n Mea P r805 Shea Cofer ?va,SrtAda Fa Clocn° 031.29 Furore NB Here aid aale tore -4100111.F. 7NO of any cluranil to file vs neap reSel starer': of darn priorfuel sellomerx Na 5 SanatinnO soIN el:am and so',]b try b. et 011004 J' MIL ROAR) OF IPIDECPOOS 511511011 NOM Wier a Sartain. 0.91 .houch Conlradar or a5 Sy - 01 Brian KenR�9Is Sectary Pm ton PuteshM 'C 61'40 wir,a1 Jane./ 14. 2000 anti JMWrY21, 2TW 11F limes CITY COUNCIL RESOLUTION r A RESOLUTION OF THE CITY COUNCL OF 118 OTT OE BRIGHTON COLORADO STATING THE INTENT Of 1HE Cltt OF BRIGHTON TO ANNEX - CERTAIN PROPERTY AND II-IT:Nc ANNEXATION PROCEEDINGS FOR SUCH PROPERTY. MID SErn80 A PUBLIC 11 ARING FOR FERRUAR✓ 3RD, 2000 TO DETERMINE IF THE PROPOSED ANNEXATION OF 0011 PIONS OP ROADWAYS KNOWN AS WELD COUNTY ROAD 27. MELD COUNTY ROAD 4, AND WELD COUNTY ROAD E. COMPLIES MICH STATUTORY REQUIREMENTS FOR SUCH ANNEXATION NOTICE OF FINAL PAYMENT NOTICE IS hEREBY OVEN Dial "•.;nilalo, Elsa-lrock 1,1 Noah .of ] Adam] Cnunry, 0051000, 0011 man 1110 W OrTre Ito : O - D Management U nto 61Llevad Su:. 150 1 ado, 7225100 al 10C Monday IFeM1L l2 60X0. tn Caurard Corroarr Scam rsi. T asa CO 90701 -010°7.2043 for all world aye sa.0 COolnuror00 .le Alluvial P2 Wee Puny 100100 a, rt80on. al a tad Met bareIn e ao11,0 North Ora, ] Cahab 25,11[. In RESOLUTION NO. 05100 WHEREAS, pummant to P'e Iws W Pe1M:e or Colorado, M COy oll ovm,ova Tvn rsel Pe COMM W nd Me Comity C Web nava vetoed M01II 00145 ]e UriW pd' la ICI Iµ CCy10 rahete t gs at Marlow ded, ly093, ana hems r W x in Me County Weld d 'ld. n of eattea Colorado, ll,In Catpl w0°n< WHEREAS INI GpIy Ore Me esnean• nt, �edrym dl]me 19°10 [pe n omad ',rum LpAi The nary Sa Pea 111l0µ 000011, el {n IH74r4 MWC00 10 De ta-DruaB/ II Me Hallow descrbed In E ae far amoanon SIMS. es detrained 9 OrNIC 58.073 10 00134407 itreRare r errata ol es Y WOOD 1 00 i oI 201000 of M to " me rad lass a -n ODOR 01 b edryn7000). n CI n nary that rhe 'rummy • see LEGALS mar- 30B • 3u8 Bp1GHIcN STANDARD BLADE \W0ODSY irscAeY 14, 2009 e Ilan page 29B Exmba A be annexed le the City, A mm O) orotund of interest exists be between and t Minton/ GOY posed to El The roadways proposed to be annexed will he urbanized in the rear future. and at such lime will be integrated into the City. end FJ The County has acknowledged and agreed that Mobil the annexation of the roadway described in Exhibit A be approved, divided from flue territory V county ramagys boated beyond toe annexed temtary. WHEREAS. 'rte City Council has determined trial it is in the dersl interest of Ne dunces of the City to initiate the annexation of said territory to the City; and WHEREAS, the City Council desires to initiate the Annxe:On of Bo Nrnitry by he adoption of this resolution Icing Pooh its findings and setting a ;brit an.n0 at bast thirty 13O) days and more Non s4q (6O) days Bino er the maneN.e date or ma Roseau -ton, to detem'ne T the annthation meets he requirements cr CRS 53112 a04 Dig hlity .1 for Limitations. inn, and 9211-12]5Ldr. at NOW THEREFORE. SE :T RESOLVED by the City Council of the Cloy of Brighton, Colorado, as 'allows; 1, ire Cttyy Council hereby Inds Mat the agreement with Weld aunty for the initiation of the described of Ne territory haste. in Exhibit A. atlin. is d in norcm, as outlined cereia is in substa-mal compliance N the -Mirth-meth outlined T, CRS 531- 12.10l1). and based 0areon tales Nc a tof thelie lby statute as provided by situate. 2. The CBy Coal of the City of Colorado will hog ring for the purpose f if the proposed complies.with Colorado Reword Statures Sections 31-12-104. Eligibility for Lai-Rations, and 3endedO5, Lenntltooin 1973. as amended. eat - Ne tattooing hire dale. and plats Tuesday the 17th coy of February, 2000 gyp. 0th,ound.Ohambps 22 South <In Avenue Brighton, Colorado eO6O1 wily Person ouch hearing and aprtseny appear at t Sailboat ',hive and the proposed I annexation: 3. Upon mmptetkn of the heici g, the City Council of the City oil Brython. Colorado shall set forth. bti resolution, its findings ti fad and rewan ferenceesthe elgd pmr el territory to to awn, whether annexand, arida and whop erarwim the statutory Wart neda al the proposed annexation tame Loco met. RESOLVED AND PASSED THIS etb DAY OF DECEMBER IN THE YEAR 2008. MTV OF BRIGHTON, COLORADO Ill Janice E. Fawuwsk', Mayor ATTEST: in Gayle Martinez, City Clerk Approved as is form and mduur. is' Margaret R. Brubaker. City Attorney PUBnsled in the Brighter Standard Blade: 111412009. 1/2112009,12812009 and • 2/112009 ORDINANCE NO. 19Th INTRODUCED BY: Rose AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF • LEGAL NOTICES BRIGHTON, COLORADO ZONING AN APPROXIMATE 8,6 ACRE PARCEL OF LAND LOCATED GENERALLY IN THE NORTHWEST ONE QUARTER DF SECTION 1t, TOWNSHIP 1 SOUTH, RANGE 60 WEST OF THE 6TH PRINCIPAL MERIDIAN. CITY OF BRIGHTON, COUNTY COLORADO. AND KNOWN N990 HIMALAYAY AS ^ R STREET' FROM ADAMS COUNTY AGRICULTURE (A-3) TO CITY OF BRIGHTON RURAL ESTATE (RE). PASSED ON SECOND AND FINAL READING AND ORDERED PUBLISHED THIS Sib DAY OF Janayly. 2003. CITY OF BRIGHTON COLORADO in Janlrn E. Pawlowski. Mayor ATTEST is/ Gayle Martinez City Clerk PaOt shed in the Standard Blade Last Publication- Januar,' 14 2OO9 APproved as to Farm Margaret Brubaker, Esq. City AI of ey A compote copy of Me Ordinance 'vainbb for public inspeNon in the Office or the Gay Clerk Owing BRIGHTON CITY COUNCIL ORDINANCE ANNEXATION DI RIVER/VALK AT BRIGHTON (RINGSBY) MAP Ordinance No: Inl'oduced By: FARINJF An Ordnance DI the City Count of the City of Bngman, CPtorado, Annexing to the City of Brighton aporciumatehe 25889 acres. of unincorporated le iry contiguous Id the NORTHWEST ' el SectSectien 6, op 1 south, Range 66 Weal of the 6N Principal Meridian, County of Adams. State of Colorado. to be known 'RVERWALK AT BRIGHTON Bey Council I the City n of BrylrtonColorado. 0s tallow's: ��y.Iro�n . That, pursuant to CRS. Section 3412-107(1). Pebuon for Mnaaauon was lied with the City of Brighten on June 20.2008 signed -by lend Owners of ono hundred permm of the tannery to be annexed. rr0aa 2. That it was determined Vat be atiglnut Petition was in signedand Na Paetted wouWOW me a new pted ty a new p.uc hearing. Section 3 That the( City Council at a Reader Meeting en Decembr 2, 2016 passed Resort/bon No. 00147 accepting sail Pettier es beep in compliance won C.R.0 Section 31.12-101ri, and setting the matter of the annexation Mr Public hte hearing on tacrual. 6, 2059. sec'voD 4• That nt said oaSic the eMarina rCi held Council and tend determined that the applicable parts of CRS. Seaton 31-12101 sm. 'Theawnrps m Anrexat Ace' plereaher Beth, and more .1O4 areo5 a y , Sections 31 have beenmet f and (other determined that en lection andtot requited Under Inc Apr Wel no addirntl terms c endive ere :o be imposed. eteLon 5, Pal notice of the public hooting for the annexation ordinance was published in the Brighton Standard Blade on December 10. 12, 24. d 31, Ztid as mooted by Can5- g 31-12.108, and the County NDDce and Annexation Immo,. Report were sent via centred man on 2OO8 and r Wi 2030od as requited W CR.S,eS 31-12-1060nd 31-124085. Sect C Taal the enreutab by affil to the City of Brighton, Sala of Colowxn rado, of Doi area described Exached Exhibit A, hin hibit B, situated. lying and berg in the Courtly of Adams, State al 'RMaoo, a W t0 rte Mown ®'M0O I,' at Brighten fRingshbapproved MOO s hereby atop roiled Section j. That pursuant to C R S. .Secfso 31.12115 re -zoning al the property oescnbed in Exhibit bbee cinitiated ndnti mown n Exhibit Plamd wiithin 'thew (00) days from the effective dole of this ordinance. INTRODUCED. PASSED ON FIRST READING, AND ORDERED PUBLISHED THIS 6th DAY OF JANUARY, 2039. CITY OF BRIGb1TON, COLORADO Id Jorge E Pawlowski riteyor • ATIEST is/ Gayle Martinez, Oily Clerk Pr unshed in Ito standard Blade First P NraNy.'loud,/ 14 2OOO Approved us to Front MI Marge per B Itker, Esq., City Attorney CITY COUNCIL ORDINANCE AN ORDINANCE OF THE CITY OF BRIGHTON CITY COUNCIL APPROVING THE DESIGNATION OF THE BRIGHTON ARMORY (300 STRONG STREET) AS A LOCAL HISTORIC LANDMARK ORDINANCE NO.: INTRODUCED BY: Marl_ WHEREAS. pursuant to Section 15 -22 -ACA of BeBrighton l Mar I Code, dealt amn al Historic Landmark M Initialed by tM1 City Council. Citty Manager. Hobos Presentation Commission or the owner of the cultural resource to oe designated; and WHEREAS, ieitaam to Sutton 16-22-4OB or the Brighton Munrit OntCoderrenhmid _. s Herlip Mall eie vcraned AN nmue tratcr o• n trims prescribed DY the Natorb Preservation Commission and shall 'dick 8 description of the location of the cultural resouroe nr historic district sufficient to advise the owner and Bible of the Inu»on theieef; the Cnara:aensnes of the cultural or historic district that rysfhas Id designation as a atarb landmark al nistonc district a description of Be paewar physical features to tie enmeeo.ue:' or elt seeds namesnd owners of uneiwew'. manned), the apploablo fee 'Bowed in ate Annual Fea Raedulmn N the Oily Council. rrd be the such other and WHEREAS, or about September 1n, 2O28. and pursuant to the inquirer vents of Section 10-22.40 of the Hnghtnn Municipal__ Coon, Mere was presented tarc filed wit the City nf Brighton, r II Colorado an application Historic PreservationCommission aIlhe'gyalanTt, o em ;grate. ns nisonc IecOnrerk, Ire Brighton Many (300 Strong SsecD located On Lol 3A, Block 1 of mleom'e Aeltion to Hrgnton, AMNo edeneal NO. 1 (me 'vraeM'f. and WHEREAS, on November 13, 2000, the Hisoric Preservation Ccmmdson held a puwio hearing lc consider the :ivatinafan of the Properly for designation as a Rstmlc landmark and at that meting found Thal Ne Property Is at least fitly ISO) years old and salisfiea all Nree (3) Elrpparty Catepcales :Artufecturel, Social and Historic; a Geographic and Envionmeal, delineated Sermon 16-22-30, EIgrodey for Deabynakln OI a Hofonc Landmark or Historic District, of the Brighton Menblll Code' and WHEREAS, the Helene Preservation Commiaaien, at the November 13, 2OO8 regular ttinting found list the plans for he renovation and abdion to We Property rare etrn'olly in gill the criteria tor cetnnminirg appro?nalerrett of changes to a designated structure, as deselbrd m Section 10-22-50 al seq. CarliSWlea of pmpiaeneOs, of we'Bi§non IArmiopal Coal and will M he delnmenbl o' adversely affect Ott historic Armo ry, ory, and ` once of too WHEREAS. the tans for the novobon and addition to the Properly re approved by the City aof were Development Review Commitoot (DRC) poor lu Be nomination or lee Properly es Ream aampthot e requirement to eloin CenlecaM Appro uot and add lsl0unor. and;Road recovWHEREAS. on November 13, 2000. Ire Historic Preservation COmmissien passed a r OSOIUYOYL leCOrMerldbla to the City Council. Ieat One Property bedesignated as a halo is landmak. and WHEREAS, an Januay 8, 2009, 'he City Council held e pubic hearing to consider the nomination of the Propety for designation as a historic landmark and at that mom found Mal the al last shy t51)) ears old; oanY Is and d 'MMEREAS, al the January 0 2OO9 public (hearing. the Clly Council hall lired(5) corl m of me Amnileouratt Gatog¢y of Eligibility as delineated in Seguin 15-22-30 a)iEllgibthly aLandmark mDesignation aHistoric Historic Orsfnci of the Brtg11dh Menu ai Ceue and WHEREAS at the January 6, 2OOO public. hewing, the City Council rd that the Properly bilges all fa 51 MIeb 00 the Social aid Moot Category of @lathing/ as deemNled kl Sidon 1G2z-3O (e) U. Eayihuity for Designation el a Misters "Landmark or I listens District of the Brighton Municipal Cnd0 and WHEREAS, et the January 6. 2OO9 public hearing, the City Couuol fis loft (5) c me c4 me nt, that the Properly satisfies all Geographic are Category nee d'a of Eligibility I8 -22-3O ;a) (3), Eligibility For Dasrytalcas of a Historic Landmark or HI&mc Durriat W the Brighten nlinidpal Code, and WHEREAS. the Coy Council has rto eviewed tee be Br ighton a Armory (300 Strong Street) an a hotiblc anemar4, and hoes anal declares that the l proposed designation will not to detrimental In the future aeveaanrem et we area, or the neveo safe•,1r n`wears Of the inhabitants of to City oremsnton: and WHEREAS. the Apalnanl domd cDiaenlto the nomi nation owner by the of the Rnory. the B'nthasonurban enewal Authority (l'Owner); and WHEREAS, a notice of the pubic Marry, oearding to nomination Gf the touted oroyeny. adehed in Dee Bnpnith SloMard Bla de and posted the propertyope la no tees than sheen (15) dugs pror to the hale D1 die public hearing, and MIEREAS, the City Googol Ends that the deslgnaten of the Brighton . Amery 303 Strong $Dealt as a historic landmark we, through prescrvatlm and pmleCl4n, enhance the can of this cu ltural resource ano wall contribute 1U po'nealarla c-Meutrai and historic heritage or he City for the benefit of the chat/gams of the City of Brighton. NOW THEREFORE BE IT I ORDAINED BY THE CITY , COUNCIL OF THE CITY OF BRIGHTON: Deegan 1. The Property, aadreseed as 3OO Shnng Street, is hereby designated as a Local Hulonc Lamman. SeMm 2 A earthed copy of this ONIce Jf er senell be AdamseCounty ed nn the offiClerk and Rrw Del' aeayn Ilrg the Property as 'diode lancing;. Sect4L22u The Properly shall be tljded on the Cny of Brighton Re Icr of Locally and natal HmSCno Lenemob on Section 4 A copy of Ihis Ordinance and e letter. which contains an doted/lion of me rnehOwner'sonea:mn and I -estnctrens veal d by the historic designation and advising ;he Owshn W Ina Owners responsibility to apply Ica a Cethrimte Of Ap propriateness n. toMer nne to WJb n. remodeled. enerallon, repay. restaalon, rehablliation, relocalRn or &mobil, of acprpvemenus on the F p M shallbe sent to the Owner of the subject Property. INTRODUCED, PASSED ON FIRST READING, AND ORDERED PUBLISHED THIS • •-- 61b DAY OF ,lanuary, 2009, CITY OF BRIGHTON, COLORADO le/Janice E. Pawlowski, Mayor AT rEBT biGaile Martinez. Cry Clerk Published in on Standard Blame First PUNiestim: pa -A 2Qv"5 Agora veal as to Fpm: ry Margaret Brubaker, Esq., City Attorney BRIGHTON CITY COUNCIL ORDINANCE ZONING ORDINANCE FOR PROPERTY TO BE KNOWN AS PRAIRIE CENTER FILING NO. 3 (Part of Dreddcbn Annexation) Ordinance No; Introduced thy. Rose AIleedCity Ordinance of the ltcrroilade, or nNoarg A ZONE CHANGE PROM ADAMS COUNTY AGRICULTURE (A-1) TO GENERAL RETAIL AND SERVICES 'G3) FOR THE APPROXIMATE 20033 ACRE PARCEL (PARCEL A11. AND AGRICULTUPALRESIDEN CIAL 2064'.FOR rACHEPPROPARCEL 21 GENERALLY • LOit LOCATED IN THE NORTHWEST L OF SECTION 18 W , 6 WEST, P 1 TOUTH, RANGE WEST, OF TIC 6TH PRINCIPAL MER1UNV BIG CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO COLLECTIVELY KNOWN AS PRAIRIE CENTER FILING NO. 3'. WHEREAS pursuant to 41e laws of the Slate of Gatorade, there woo p'esnirtad to ore trad o ctober 1. 2008, wih the Ciry or Brighton. olorado a request Don trim change to the City or Brighten, County or Adams State PI Cobnde, of a 227248 etre eury pancnerty w emoted in Exhibit 'A' a'lla:'.Md hereto Me 'Progeny'); and WHEREAS, the City Council of the Day Or Brighten. CWneoo approved Ben Ike al be Property Me the City of Brighton October 2. 2OO1 by Ordinance 1713: and NHEREAS, the City Carnal of the City of Brmnton. Colorado considered a acd-one planned unit development at first eeal`p ur an ordinance on Boil 2..2(100. however final toning el the properly was never pursued; and WHEREAS, Be City Council of the City of Brighton. Colorado favorably a�ent ce the Prai medied former rie e Center Overall Development Fan that included the Properly by Resolution 07-05 at its February 6, MOT regular hearing: are WHEREAS, the a Raowner nCnand applicant Development LLC.has appTed ID the Cityor Brighton to rte appioo merely 20.63 2a acres 5f the approximate ropertyrxricted and acre MdlCulaas desumed :n EMibie 'S'. from Adams Coady Agriculture to -1) to General Retail and Services (0.3) (Parcel NI as oesribed in Exhibit '8') and pPrOximat&iy 205.413 acres to Am gnavlturavReskenlal )PIR) (Paredm12 ea descnbcd in Exhibit WHEREAS, the Planned CommNNDn of ale City of Brighton,, an a a regular meeting held o November 25. 9028. uneniniously Resolution O8-21rem/amendinged esc Disproval to the City Council of the City of Brighton of lee zoning rconed`t of the Property, and WHEREAS. Be City Council of the Oita a N Pot ootice of on n (toPublic Hearing was posted o the propel& December r8, 2008, ant Neighborhood ersws feet to Praaem own - net were (eel or the Prcpercre the t Bas than 15 Public liHeedng, pursuant of the Cllys Land Use end DeK'f2QGr L Coda; and WHEREAS, the City Council al the what of BIAMn nhr rinds c declares was a In the Brighton Standard Blade, for not less than 15 days before the date or IN Public Healing, pursuant to Nc City' Lend -Use Deefplmmm Code• nMMenemsen n, 2086; are WHEREAS, the City Council of the City of Brighten Ms reviewed.the applicPon for a cone Mange and Ends und declares Nal the g Mognationo C-3 amend NR o ced ompatiblewith the ImouMag areas and will not be detrimental . the future development of the 'ma, p be heath, safety, welfare of m inhabitants attheCity of Brightens lh NOW THEREFORE, BE IT ORDAINED, BY THE CITY OF BRIGHTON CITY COUNCIL AS FOLLOWS: Section c, The approximate 2O833 aere Peal N aria rexneed?bowxnnn a&Ia hereby County Agriculture (A-1) to General Retail and SeMces (O-31. Section 2. The approximate 208A 13 acre parcel of land acwlbed in Exhibit t ,n here5- oned from Adams County Agricuaure A-1 Agricultural/HemJenlial WR). Sector 3, The City of Brighton Coning :eau snail be amended to effectt s coning cwnges. INTRODUCED. PASSED ON FIRST READING, AND ORDERED PUBLISHED THIS Otto DAY OF January 211O9. CITY of BRIGHTON, COLORADO !a/ Robe Pawowski, Mayor ATTEST. Gage Manner, City Clerk Published in the Standard Blede Fire Publication: Ja Ida' 14, 2020 Approve.'I es to Form. Margaret Brubaker, Esq., City Atlaner ■ See IEGALS ,page 316 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO STATING THE INTENT OF THE CITY OF BRIGHTON TO ANNEX CERTAIN PROPERTY AND INITIATING ANNEXATION PROCEEDINGS FOR SUCH PROPERTY; AND SETTING A PUBLIC HEARING FOR FEBRUARY 3RD, 2008 TO DETERMINE IF THE PROPOSED ANNEXATION OF PORTIONS OF ROADWAYS KNOWN AS WELD COUNTY ROAD 27, WELD COUNTY ROAD. 4, AND WELD COUNTY ROAD 6, COMPLIES WITH STATUTORY REQUIREMENTS FOR SUCH ANNEXATION. • RESOLUTION NO. 08-164 WHEREAS, pursuant to the laws of the State of Colorado, the City of Brighton and the County Commissioners of the County of Weld have agreed that it would be in the public interest for the City to initiate annexation proceedings of certain roadways located in territory situated, lying, and being in the County of Weld, State of Colorado, more particularly described in Exhibit "A" attached hereto; and WHEREAS, the City and the County have agreed that annexation proceedings should be initiated based on the following: A) The County is the 100% owner of the territory proposed to be annexed; B) If the territory described in Exhibit A is eligible for annexation and is not otherwise limited by statute as determined following a public hearing to consider the same, the annexation of the entire territory shall be accomplished by sequential annexation ordinances of portions of the territory, each being not less than one -sixth (I )6°i) contiguous with the boundary of the City; C) It is desirable and necessary that the territory described in Exhibit A be annexed to the City; D) A community of interest exists between the territory proposed to be annexed and the City; E) The roadways proposed to be annexed will be urbanized in the near future, and at such time will be integrated into the City; and F) The County has acknowledged and agreed that should the annexation of the roadway described in Exhibit A be approved, the annexed territory will be divided from the county roadways located beyond the annexed territory. WHEREAS, the City Council has determined that it is in the best interests of the citizens of the City to initiate the annexation of said territory to the City; and WHEREAS, the City Council desires to initiate the annexation of the territory by the adoption of this resolution setting forth its findings and setting a public hearing at least thirty (30) days and no more than sixty (60) days after the effective date of the Resolution, to Page 1 determine if the annexation meets the requirements of CRS §31-12-104, Eligibility for Annexation, and §31-12-105, Limitations. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Brighton, Colorado, as follows: 1. The City Council hereby finds that the agreement with Weld County for the initiation of the annexation of the territory described in Exhibit A, attached hereto, as outlined herein, is in substantial compliance with the requirements outlined in CRS §31- 12-107(1), and based thereon initiates the annexation of the territory as provided by statute. 2. The City Council of the City of Brighton, Colorado will hold a public hearing for the purpose of determining if the proposed annexation complies with Colorado Revised Statutes Sections 31-12-104, Eligibility for Annexation and 31-12-105, Limitations, 1973, as amended, at the following time, date, and place: Tuesday, the 3r° day of February, 2009 7:00 p.m. City Council Chambers 22 South 4th Avenue Brighton, Colorado 80601 Any person may appear at such hearing and present evidence relative to the proposed annexation; 3. Upon completion of the bearing, the City Council of the City of Brighton, Colorado shall set forth, by resolution, its findings of fact and its conclusion based thereon withreference to the eligibility of territory for annexation, whether annexation is otherwise limited; and, and whether the statutory requirements of the proposed annexation have been met. RESOLVED AND PASSED THIS 16`h DAY OF DECEMBER IN THE YEAR 2008. CITY OF BRIGHTON, COLORADO Jal�rice E. Pawlowski, Mayor Page 2 ATTEST: Gayle Marti pity Clerk APPRO3/D AS TO FO Margaret R. Brubaker, City Attorney CONTENT: Page 3 Exhibit A LEGAL DESCRIPTION: BEM A PORTION OF COUNTY ROAD 27 (RIGHT-OF-WAY VARIES), WELD COUNTY ROAD 6 (RIGHT-OF=WAY VARIES) AND WEIR COUNTY ROAD 4 (RIGHT-OF-WAY VARIES) LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 19, THE SOUTHWEST ONE -QUARTER OF SECTION 20. THE WEST ONE-HALF OF SECTION 29, 11115 EAST ONE-HALF OFD SECTION 30, THIS EAST ONE- HALF OP SECTION 31,. AND TIDE NORTHWEST ONE -QUARTER OF SECTION 32, ALL IN TOWNSHIP 1 NORTT'I, RANGE 66 WEST OF THE 6'H PRINCIPAL MERIDI.AN, WELD COUNTY, COLORADO, AND BEING 1‘1ORE PARTICULARLY DESCRIBED AS FOLLOWS: COM11ENC1NG AT THE WESF'V. CORNER OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6rf' PRINCIPAL MERIDIAN. THENCE S12'00'06"W ACROSS SEC'I1ONS 30 AND 31 A DISTANCE OF 6,237.65 FEET TO A POF'rT ON THE WESTERLY LTNF OF SAID WELD COUNVi' ROAD 27, ALSO BEING THE WESTERLY LINE OF THE ORIGINAL 400 FOOT WIDE UNION PACIFIC RAILWAY COMPANY RIGHT-OF-WAY, AND THE POINT OF BEGINNING: THENCE N13°15'09"E ALONG SAID WESTERLY LINE OF 'IHE ORIGINAL 400 FOOT WIDE UNION PACIFIC RAILWAY COMPANY RIGHT -OP -WAY AND THE WESTERLY LINE OF SAID WELD COUNTY ROAD 27 A DISTANCE, OF 3.734.11 FF.I'IT; THENCE N85'36'45"W A DISTANCE OF 10.12 pax; THENCE N13°15'09"E A DISTANCE OF 973.35 FEET; 'THENCE 100°49'24"E A DISTANCE OF 91.50 FEET; THENCE N13°29'24"E A DISTANCE OF 45.41 FEET 'TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE WEST HAVING A RADIUS OF 5.670.00 PEET, A CENTRAL ANGLE OF 09°24'29', AN ARC LENGTH OF 931.02 FEEsT, A CHORD OF WHICH BEARS N08°45'Ol"E A CHORD DISTANCE OP 929.98 FEET; THENCE N0l°43'59"E A DISTANCE OF 91:60 PEET TO A POINT OF CURVATURE; THENCE ALONG ME ARC OF A. CURVE TO THE WEST HAVING A RADIUS OF 5,679.00 FEET, A CENTRAL ANGLE OF 03°24'02", AN ARC LENGTH OF 345.30 FEET, A CHORD OF WHICH BEARS N0I'10'30"E A CHORD DISTANCE OF 345.25 FEET; THENCE N00°34'01' W A DISTANCE or 111.29 FEET; THENCE S89°if.,'06"W A DISTANCE OF 2.47 FEET; THENCE N00435'37"W A DISTANCE OF 118.87 FEET; THENCE NI.6°04'23"E A DISTANCE OP 104.25 FEET; THENCE Nl19°22'22"B A DISTANCE OF 6.47 FEET; THENCE NO °46' 15"W A DISTANCE OF 2,391.14 FEET TO THE SOUTH LINE OF WELD COUNTY ROAD 6 (WIDTH VARIES); THENCE S119°34'55"W ALONG SAID SOUTH LINE A DISTANCE OF 305,01 FEET TO THE=XISTING CORPORATION LIMITS FOR 11115 CITY OF FORT LUPTON; THENCE N00°46' 15"W ALONG SAID CORPORATION LIMITS AND ACROSS SAID WELD COUNTY ROAD 6 A DISTANCE OF 70.00 FEET TO THE NORTH LINE OF SAID WELD COUNTY ROAD 6; THENCE, LEAVING'SAID CORPORATION LIMITS 1N89'39'55"E ALONG SAID NORTH LINE OF WELD COUNTY ROAD 6 A DISTANCE OF 335.01 FEET Ti) THE INTERSECTION OF SAID NORTH LINE OF WELD COUNTY ROAD 6 AND THE EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 19; THENCE S00°46'15"E ALONG SAID EAST LINE A. DISTANCE OF 10.00 FEET; THENCE N89'32'46"E CONTINUING ACROSS SAID COUNTY ROAD 27 A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF SAID NORTH LINE OF SAID WELD COUNTY ROAD 6 AND THE EASTERLY LINE OF SAID WELD COUNTY ROAD 27; THENCE N84°32'4G"E ALONG THE NORTH LINE. OF SAID i4T:.LD COUNTY ROAD 6 A DISTANCE OF 2,634.01 FEET TO THE EAST LINE. OF SAID SOUTHWEST ONE -QUARTER OF SECTION 20; THENCE SOO°29'35"E ALONG SAID EAST LINE A DISTANCE OF 30.00 FEET TO THE NORTH J CORNER OP SAID SECTION 29; THENCE SO(1°29'35"E ALONG THE EAST uNri OF SAID NORTHWEST ONE -QUARTER OF SECTION 29 A DISTANCE OF 30.00 FEET TO THE SOU'T'H LINE OF SAID WELD COUNTY ROAE) 6; 'I'ITENCE S89°32'46'W ALONG SAID SOUTH LINE OF WELD COUNTY ROAD 6 A DISTANCE OP 2,623.7I FEET TO THE INTERSECTION OP SAID SOUTH LINE OP WELD COUNTY ROAD 6 AND SAID EASTERLY LINE OF WELD COUNTY ROAD 27; THENCE S00°46' 15"E ALONG SAID EASTERLY LINE OF WELT) COUNTY ROAD 27 A DISTANCE OF 2.609.60 FEET; THENCE S00'45'35"E A DISTANCE OF 372.87 FEET; THENCE S39'37'42"E A DISTANCE OF 21:14 PEET TO THE INTERSECTION OF SAID EASTERLY LINE OP WELD COUNTY ROAD 27 AND THE WESTERLY LINE OF THE UNION PACIFIC RAILWAY COMPANY 400 FOOT Page 4 Exhibit A RIGHT-OF-WAY; THENCE S11'I5'09"W CONTINUING ALONG SAID EASTERLY LINE OF WELD COUNTY ROAD 27 AND ALSO ALONG SAID WESTERLY LINE OF THE 40) FOOT WIDE RIGHT-OF- WAY A DISTANCE OF 302.48 PEET TO THE INTE.RSBCCIC)N OF SAID WESTERLY LINE OF THE UNION PACIFIC RAILWAY COMPANY 400 FOOT RIGHT-OF-WAY AND THE NORTHWEST CORNER OE THAT PARCEL QUIT CLAIMIII) IN BOOK 149, PAGE 364, RECORDS OF THE RECORDER'S OFFICE, WELD COUNTY, COLORADO; THENCE 883'45'16"E ALONG THE NORTHERLY AND EASTERLY LINES OF SAID QUIT CLAIM PARCEL AND ALONG THE EASTERLY LINE OF SAID WELD COUNTY ROAD 27 A DISTANCE OF 6.0.45 FEET: THENCE 813°15'09'W A DISTANCE OF !,977.63 FEET TO THE INTERSECTION OF SAID EASTERLY LINE OF WELD COUNTY ROAD 27 WITH THE NORTH LINE OF WELD COUNTY ROAD 4 (WIJYTH VARIES); THENCE 1489*164rE ALONG SAID NORTH LINE OF SAID WELl) COUNTY ROAD 4 A DISTANCE OF 449.08 FEET; THENCE %89'33'59"E A DISTANCE OF 1,944.47 FEET; THENCE LEAVING SAID NORTH LINE OF WELD COUNTY ROAD 4, 900°26'01"E A DISTANCE OF 60.00FEET TO THE SOUTH LINE OF SAID WELD COUNTY ROAD 4; THENCE S89'33'59"W ALONG SAID SOUTH LINE OF WELD COUNTY ROAD 4 A DISTANCE OF 1,299.62 FEET; THENCE S00"2.3'22"E A DISTANCE OF 10.6.0 FEET THENCE SS9°33'59"W A DISTANCE OF 514.65 FEET; THENCE $89°16'457'W A DISTANCE OF 466.35 FEET TO SAID EASTERLY LINE OF SAID WELD COUNTY ROAD 27; THENCE S139.5'09"W ALONG SAID EASTERLY LINE OF SAID WELD COUNTY ROAD 27 A DISTANCE OF 3,524A8 FEET; THENCE N76°I8'51"W ACROSS RAID WELT] COUNTY ROAD 27 A DISTANCE OF 60.00 FEET TO THE PONT OF BEGINNING. SAID ANNEXATION CONTAINS A CALCULATED ARLA. OF 946,257 SQUARE. FEET OR. 21.723 ACRES. MORE OR LESS. • Page 5 J • • aw -Cal w. ..IITWO- MIMM{r an • • • '�K5ll�.- R; e, I = tl.it ri l€t9 iS IR 1't •r a rw ' � � 1 twounrw can R' g ii3 Ili!! tl 14 i4 1 i6 • 16 P U £ g la!1 r r ?pia 4 ilYc1J NI ra ornH�u.co �Rt Rt4 a.3 I" re: • £ 1 —'-FTI7 ►n w n'11CIva — sn * ns* ism ..r` a, la. • • ° l. s 4 s! r it, j i "s '; i! 3 i e 9 f ee 3 i E 3 r c: b X i e b b gg tY f 'I:1i 1 i 1 p : i t i P e:$ i r 6! it e ] l y c ° f ll ; i ss{ 4' ^ pr i :! a- a p i. m iiin ■ i Y y; i 1 Y I i p i is 2 x! : lcf e t c e x s' x.. i €y t !�1 y F 3 €,., r ° e pi f I� C= e p r.YQ .p �; F S!-� f 7 i a g u q i f [LAC i F i 6 }� d b " tills, " f b e` M, i 1 t A `a G €f •t e IS. E a } 4 •3 t� Ir 1� Si'{t list tg g R ' .' a1 f%Y t!;''`F 41fe 3 i 1 i 1,' 5e3 &E 1°' e Iz:! i Y ? if i Y ;ttg igi ! n b@E! g LE Ii .i ; )14 $ .! r {y,`p :I PI° I ;9. eiFE i i ;p? I w3 :$ 3 I! I SE q eg nitai n' ;ttgb I $ Itil! si l;; Ii It €i IF I; tie I ll I` ---g I! Ili b ti 02 m 6 o% P. 0 N(1-28 I4J ZS 5I 9 1414c.1 IC Q ~N oa !L c G R O 1 g e f i a !R ti AS IE s3 SOU it* LA:: un+no IO ----76v- ....wi —'CT- ev —roc- 66. ---sum, a `wa hi s Ili �id tbf t'ilii5i9ti iii ill `a0 s s a ' 9 110 t 410 �3Gr qc.� p .ID fiA i A lig rg' sll (.E gF iI • • 8; iY F,3!° p Qt€Qg • 1• 40/9.µ.T v+wcmneuea.m. • • MAYOR *THERE IS A 5 -MINUTE LIMIT TO ADDRESS COUNCIL. MAYOR PRO TEM COUNCIL MEMBERS •JANICE E. PAWLOWSKI • DICK MCLEAN • DAVID GILL • ROB FARINA • CYNTHIA MARTINEZ • DARYL MEYERS • TERRY M. MOORE • WILMA ROSE • WAYNE SCOTT 1. CALL TO ORDER A. Pledge of Allegiance to the American Flag. B. Roll Call. 2. CONSENT AGENDA A. Approval of November 18, 2008 City Council Minutes. B. Approval of December 2, 2008 City Council Minutes. C. Approval of December 16, 2008 City Council Minutes. D. Approval of January 6, 2009 City Council Minutes. E. Approval of January 13, 2009 City Council Minutes. F. Approval of January 20, 2009 City Council Minutes. G. Approval of February 3, 2009 City Council Minutes. 3. APPROVAL OF REGULAR AGENDA (Council will take a short break between 8:30-9:00 p.m.) • • • • 4. CEREMONIES A. Introduction of New Employees. 5. PUBLIC INVITED TO BE HEARD ON MATTERS NOT ON THE AGENDA (Speakers limited to five minutes) 6. PUBLIC HEARINGS AND RELATED ACTIONS 7. ORDINANCE FOR INITIAL CONSIDERATION A. An Ordinance of the City Council of the City of Brighton, Colorado Adopting a New Section 9-4-170, Sex Offender Registration and Fee Required; and, Setting Forth Details Related Thereto. 8. ORDINANCE FOR FINAL CONSIDERATION A. An Ordinance of the City Council of the City of Brighton, Colorado, Annexing to the City of Brighton Approximately 0.041 Acres of Contiguous Unincorporated Territory Located in the Southeast 1/4 of Section 31, Township 1 North, Range 66 West of the 6th Principal Meridian, County of Weld, State of Colorado, to be Known as "Weld County Road 27 (Map 1 Annexation)." B. An Ordinance of the City Council of the City of Brighton, Colorado, Annexing to the City of Brighton Approximately 0.165 Acres of Contiguous Unincorporated Territory Located in the Southeast 1/4 of Section 31, Township 1 North, Range 66 West of the 6th Principal Meridian, County of Weld, State of Colorado, to be Known as "Weld County Road 27 (Map 2 Annexation)." C. An Ordinance of the City Council of the City of Brighton, Colorado, Annexing to the City of Brighton Approximately 0.413 Acres of Contiguous Unincorporated Territory Located in the Southeast %4 of Section 31, Township 1 North, Range 66 West of the 6th Principal Meridian, County of Weld, State of Colorado, to be Known as "Weld County Road 27 (Map 3 Annexation)." D. An Ordinance of the City Council of the City of Brighton, Colorado, Annexing to the City of Brighton Approximately 0.909 Acres of Contiguous Unincorporated Territory Located in the East 1/Z of Section 31, Township 1 North, Range 66 West of the 6th Principal Meridian, County of Weld, State of Colorado, to be Known as "Weld County Road 27 (Map 4 Annexation)." E. An Ordinance of the City Council of the City of Brighton, Colorado, Annexing to the City of Brighton Approximately 1.901 Acres of Contiguous • • Unincorporated Territory Located in the East 1/2 of Section 31, Township 1 North, Range 66 West of the 6th Principal Meridian, County of Weld, State of Colorado, to be Known as "Weld County Road 27 (Map 5 Annexation)." F. An Ordinance of the City Council of the City of Brighton, Colorado, Annexing to the City of Brighton Approximately 5.789 Acres of Contiguous Unincorporated Territory Located in the Southwest 1/4 of Section 29, the Southeast % of Section of 30, the Northeast 1/4 of Section 31 and the Northwest '/4 of Section 32, Township 1 North, Range 66 West of the 6th Principal Meridian, County of Weld, State of Colorado, to be Known as "Weld County Road 27, and Weld County Road 4 (Map 6 Annexation)." G. An Ordinance of the City Council of the City of Brighton, Colorado, Annexing to the City of Brighton Approximately 5.237 Acres of Contiguous Unincorporated Territory Located in the Southwest 1/4 of Section 29, the East 1/2 of Section 30 and the Northeast 1/4 of Section 31, All in Township 1 North, Range 66 West of the 6th Principal Meridian, County of Weld, State of Colorado, To Be Known as "Weld County Road 27 (Map 7 Annexation)." H. An Ordinance of the City Council of the City of Brighton, Colorado, Annexing to the City of Brighton Approximately 4.966 Acres of Contiguous Unincorporated Territory Located in the Southeast 1/4 of Section 19, the Southwest '/4 of Section 20, the West %z of Section 29 and the Northeast 1/4 of Section 30, All In Township 1 North, Range 66 West of the 6th Principal Meridian, County of Weld, State of Colorado, to be Known as "Weld County Road 27 and Weld Count Road 6 (Map 8 Annexation)." I. An Ordinance of the City Council of the City of Brighton, Colorado , Annexing to the City of Brighton Approximately 2.302 Acres of Contiguous Unincorporated Territory Located in the Northwest 1/4 of Section 29 and the Southwest 1/4 of Section 20, All in Township 1 North, Range 66 West of the 6th Principal Meridian, County of Weld, State of Colorado, To be Known as "Weld County Road 6 (Map 9 Annexation)" 9. RESOLUTIONS A. A Resolution Declaring the Intent of the City of Brighton, Colorado, to Use Proceeds of Tax -Exempt Wastewater Enterprise Revenue Bonds to Reimburse Itself for Certain Capital Expenditures made to Finance Improvements to the City's Wastewater System. • • • B. A Resolution Declaring the Intent of the City of Brighton, Colorado , to Use Proceeds of Tax -Exempt Water Enterprise Revenue Bonds to Reimburse Itself for Certain Capital Expenditures made to Finance Improvements to the City's Water System. C. A Resolution Amending Certain Accounts in the General, Capital Improvement, Parks & Recreation Capital Improvement, Water/Sewer/Drainage, and Lottery Funds. D. A 2009 Supplemental Budget Appropriation in the Amount of Fifty Thousand Dollars ($50,000.00) for the Renovation of the Indoor Pools at the Recreation Center to Meet Federal Law Safety Requirements. E. A 2009 Supplemental Budget Appropriation in the Amount of One Million Seven Hundred Thousand Dollars ($1,700,000.00) for the Acquisition of 40 Acres of Land and 50 Shares of Fulton Ditch Water for Open Space Purposes. F. A Resolution of the City Council of the City of Brighton, Colorado, Approving the Purchase and Sale Agreement Between the City of Brighton and the Catholic Foundation for the Roman Catholic Church in Northern Colorado, for the Purchase of Fifty (50) Shares of the Fulton Irrigating Ditch Company Stock, and Approximately Forty (40) Acres of Farmland for Open Space, for the Total Sum of $1,792,000.00, and Authorizing the City Manager to Sign the Necessary Documentation to Consummate the Purchase. G. A Resolution of the City Council of the City of Brighton, Colorado, in Support of the Full Build -Out of the Regional Transportation Districts Fastracks System. H. A Resolution Providing Funds for a 2009 Supplemental Budget Appropriation in the Amount of One Hundred Thousand Dollars ($100,000.00) for the Completion of the Bromley/Hishinuma Farms Master Plan. I. A Resolution of the City Council of the City of Brighton, Colorado, Accepting the Proposal of Avenue L Architects, LLC and Awarding the Contract for the Bromley Farm Master Plan in an Amount not to Exceed Ninety Nine Thousand Two Hundred Three Dollars ($99,203.00), and Authorizing the Mayor to Sign the Contract on Behalf of the City. J. A Resolution Providing Funds for a 2009 Supplemental Budget Appropriation in the Amount of Two Million Two Hundred Four Thousand, Nine Hundred Twenty Nine Dollars ($2,204,929.00) to Complete the Construction of the Weld County Road 27 and Weld County Road 6 Water and Sewer Improvements. • • • • K. A Resolution of the City Council of the City of Brighton, Colorado Accepting the Bid of Arapahoe Utilities and Infrastructure, Inc., Awarding the Contract for the Weld County Road 27 and Weld County Road 6 Water and Sewer Improvements to Arapahoe Utilities and Infrastructure, Inc., of Englewood Colorado in a Total Amount not to Exceed Two Million, Two Hundred Four Thousand, Nine Hundred Twenty Eight and 50/100 Dollars ($2,204,928.50), Authorizing the Mayor to Sign the Contract on Behalf of the City, and Authorizing the City Manager to Approve a Change Order Related Thereto and Purchase of Lift Station Equipment, as More Fully Set Forth Herein. 10. GENERAL BUSINESS A. Request Postponement of the March 17th, 2009 City Council Meeting to March 24th, 2009. B. Request a Special City Council Meeting, for March 10, 2009 at 6:00 p.m. (Study Session will follow) 11. REPORTS A. By the Mayor B. By Department Heads C. By the City Attorney D. By the City Manager 12. REPORTS BY COUNCIL ON BOARDS & COMMISSIONS 13. EXECUTIVE SESSION An Executive Session for the Purpose of Determining Positions Relative to Matters that may be Subject to Negotiations, Developing Strategy for Negotiations, and/or Instructing Negotiators, under C.R. S. Section 24-6-402(4)(e) and for a Conference with the City Attorney for the Purpose of Receiving Legal Advice on Specific Legal Questions Under C.R. S. Section 24-6-402(4)(b). 14. ADJOURNMENT City Council Agenda Item 8A • To: COMMUNITY DEVELOPMENT DEPARTMENT • Mayor and City Council Through City Manager, Manuel Esquibel Reviewed By: Mary Falconburg, AICP, Community Development Director Prepared By: Holly Prather, AICP, Planning Division Manager Requested Action: ! Review at Second (aka Final) Reading the Annexation of portions of Weld County Roads 27, 4, and 6 (via 9 Ordinances). Process: Check all that apply: Consider Resolutions Consider Ordinances (9) - 1st Reading to Authorize/Amend X Consider Ordinances (9) - 2nd Reading to Authorize/Amend Other: Statutory or Municipal Code Deadlines: X Publication(s) Required: Four consecutive publications performed in the Brighton Blade on January 14th, 21St and 28`h, and February 4`h Council Action Required By: Not applicable X Requested Council Date: March 3, 2009 Submitted for review and sign -off to: Community Development Director: Signature/Recommendation (i.e. incomplete, amend, okay) City Manager: (Date) Signature/Recommendation (i.e. incomplete, amend, okay) v / 1 / City Attorney: Signature/Recommendation (i.e. incomplete, amend, okay) • • • • PLANNING DIVISION STAFF REPORT To: Reviewed By: Prepared By: Requested Action: Mayor and City Council Through City Manager, Manuel Esquibel fvo Mary Falconburg, AICP, Community Development Director ( Holly Prather, AICP, Planning Division Manager Review at Second (aka Final) Reading the Annexation of portions.? Weld County Roads 27, 4, and_6 (via 9. Ordinances). PURPOSE: In order to proceed with the annexation of these roadways, the Council must approve the nine Annexation Ordinances at second (aka final) reading and they must be approved in sequential order. Thereafter, the ordinances and annexation maps will be recorded with the Weld County Clerk and Recorder. SUMMARY: On February 17, 2009 the City Council held the public hearing regarding the annexation of the roadways and approved nine Resolutions of Eligibility, along with approving, at first reading, the nine annexation ordinances for the roadways. Note: In order to meet contiguity requirements for the annexation of these roadways, the annexations must be approved in a series of nine ordinances (to be approved in sequential order to meet contiguity requirements). CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM: Colorado Revised Statutes (C.R.S.) OPTIONS FOR COUNCIL'S CONSIDERATION: 1. Approve the Annexation Ordinances (in sequential order) on second (aka final) reading. 2. Not Approve the Annexation Ordinances. ATTACHMENTS: • Ordinances (9 total) Page 1 of 1 • BRIGHTON CITY COUNCIL ORDINANCE ANNEXATION OF WELD COUNTY ROAD 27 (MAP 1 ANNEXATION) ORDINANCE NO: INTRODUCED BY: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ANNEXING TO THE CITY OF BRIGHTON APPROXIMATELY 0.041 ACRES OF CONTIGUOUS UNINCORPORATED TERRITORY LOCATED IN THE SOUTHEAST 'h OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, TO BE KNOWN AS "WELD COUNTY ROAD 27 (MAP 1 ANNEXATION)." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AS FOLLOWS: Section 1. That the City Council, at a Regular Meeting on December 16, 2008 passed Resolution No. 08- 164 delineating the City of Brighton and the County of Weld's understanding regarding the annexation to the City of Brighton of portions Weld County Road 27, 4 and 6 and setting the matter of the annexation for a public hearing on February 3, 2009. Section 2. In accordance with C.R.S. §31-12-108 (2), the notice of public hearing is to be published "once a week for four consecutive weeks...the first publication shall be at least thirty days prior to the date of the hearing" which was inadvertently not met. Section 3. That the City Council, at a Regular Meeting held on February 3, 2009 approved a continuation of the public hearing to a date certain of February 17, 2009 in order to meet all publication requirements as set forth in the C.R.S. § 31-12-108 and proper publication was made in the Brighton Standard Blade on the following dates: January 14th, 21st and 28th and February 41. Section 4. That at said public hearing held on February 17, 2009 the City Council found and determined that the applicable parts of C.RS. Section 31-12-101 et seq. "The Municipal Annexation Act" (hereinafter "Act"), and more particularly, Sections 31-12-104 and 105, have been met and further determined that an election was not required under the Act, and that no additional terms or conditions are to be imposed. Section 5. That, pursuant to CRS Section 31-12-104(1)(a), the contiguity requirement will be established by the annexation of nine (9) parcels in a series, which annexations will be completed simultaneously and which were considered together for the purposes of the public hearing required by section 31-12-108 and 31-12-109. Section 6. That notice was sent to the Weld County Commissioners, Weld County Attorney, special districts and school districts, as required by C.R.S. § 31.-12-108, on January 21, 2008. Section 7. That no Annexation Impact Report is required for this annexation. • Section 8, That the annexation by and to the City of Brighton, State of Colorado, of that area described on attached Exhibit A, shown in Exhibit B, consisting of approximately 0.041 acres, situated, lying and being in the County of Weld, State of Colorado, and to be known as "Weld County Road 27 (Map 1 Annexation)," is hereby approved. INTRODUCED, PASSED ON FIRST READING, AND ORDERED PUBLISHED THIS 17TH DAY OF FEBRUARY, 2009. CITY OF BRIGHTON, COLORADO Janice E. Pawlowski, Mayor ATTEST: Gayle Martinez, City Clerk Published in the Standard Blade First Publication: APPROVED AS TO FORM: Margaret Brubaker, Esq., City Attorney PASSED ON SECOND AND FINAL READING AND ORDERED PUBLISHED THIS DAY OF , 200_. CITY OF BRIGHTON, COLORADO Janice E. Pawlowski, Mayor ATTEST: Gayle Martinez, City Clerk Page 2 of 4 Published in the Standard Blade Last Publication: EXHIBIT A Page 1 of 1 Being a portion of County Road 27 (60 foot wide per Quit Claim Deed of record in Book 149 at Page 364, records of the Recorder's Office, Weld County Colorado) located in the southeast on€ quarter of Section 31, Township 1 North, Range 66 West of the 6, Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township 1 Nord. Range 66 West of the 6th Principal. Meridian, being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped " Stantec, R66W, S30/529, 2007, PIS 25942" and at the center 1/4 corner by a recovered and accepted 1- 1/4 inch axle, with the line considered to bear N89°32'31 "E, a distance of 2,650.72 feet. Commencing at the west '/4 corner of Section 29, Township 1 North, Range 66 West of the fish Principal Meridian, thence S12°00'06'tW across Sections 30 and 31 a distance of 6,237.65 feet t a point on the westerly line of said Weld County Road 27, also being the westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way, and the Point Of Beginning: Thence N l3° l 5'09"E along said westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way and the westerly line of said Weld County Road 27 a distance 0 60.00 feet; Thence leaving said westerly lines the following three (3) courses across said original 400 foot wide Union Pacific Railway Company right-of-way and across said Weld County Road 27: 1. S76°18'51" E a distance of 30.00 feet; 2. S 13° 15'09"W along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 60.00 feet; 3. N76°18'51" W a distance of 30.00 feet to the. Point Of Beginning. Containing a calculated area of 1,800 Square Feet or 0.041 acres, more or less. Page 3 of 4 Page 4 of 4 City Council Agenda Item 8B i L • BRIGHTON CITY COUNCIL ORDINANCE ANNEXATION OF WELD COUNTY ROAD 27 (MAP 2 ANNEXATION) ORDINANCE NO: INTRODUCED BY: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ANNEXING TO THE CITY OF BRIGHTON APPROXIMATELY 0.165 ACRES OF CONTIGUOUS UNINCORPORATED TERRITORY LOCATED IN THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, TO BE KNOWN AS "WELD COUNTY ROAD 27 (MAP 2 ANNEXATION)." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AS FOLLOWS: Section 1. That the City Council, at a Regular Meeting on December 16, 2008 passed Resolution No. 08- 164 delineating the City of Brighton and the County of Weld's understanding regarding the annexation to the City of Brighton of portions Weld County Road 27, 4 and 6 and setting the matter of the annexation for a public hearing on February 3, 2009. Section 2. In accordance with C.R.S. §31-12-108 (2), the notice of public hearing is to be published "once a week for four consecutive weeks...the first publication shall be at least thirty days prior to the date of the hearing" which was inadvertently not met. Section 3. That the City Council, at a Regular Meeting held on February 3, 2009 approved a continuation of the public hearing to a date certain of February 17, 2009 in order to meet all publication requirements as set forth in the C.R.S. § 31-12-108 and proper publication was made in the Brighton Standard Blade on the following dates: January 14th, 214 and 28th and February 4th. Section 4. That at said public hearing held on February 17, 2009 the City Council found and determined that the applicable parts of C.RS. Section 31-12-101 et seq. "The Municipal Annexation Act" (hereinafter "Act"), and more particularly, Sections 31-12-104 and 105, have been met and further determined that an election was not required under the Act, and that no additional terms or conditions are to be imposed. Section 5. That, pursuant to C.R.S. Section 31-12-104(1)(a), the contiguity requirement wilt be established by the annexation of nine (9) parcels in a series, which annexations will be completed simultaneously and which were considered together for the purposes of the public hearing required by section 31-12-108 and 31-12-109. Section 6. That notice was sent to the Weld County Commissioners, Weld County Attorney, special districts and school districts, as required by C.R.S. § 31-12-108, on January 21, 2008. Section 7. That no Annexation Impact Report is required for this annexation. • Section 8. That the annexation by and to the City of Brighton, State of Colorado, of that area described on attached Exhibit A, shown in Exhibit B, consisting of approximately 0.165 acres, situated, lying and being in the County of Weld, State of Colorado, and to be known as "Weld County Road 27 (Map 2 Annexation)," is hereby approved. INTRODUCED, PASSED ON FIRST READING, AND ORDERED PUBLISHED THIS 17Th DAY OF FEBRUARY, 2009. CITY OF BRIGHTON, COLORADO Janice E. Pawlowski, Mayor ATTEST: Gayle Martinez, City Clerk Published in the Standard Blade First Publication: APPROVED AS TO FORM: Margaret Brubaker, Esq., City Attorney PASSED ON SECOND AM) FINAL READING AND ORDERED PUBLISHED THIS DAY OF , 200_. CITY OF BRIGHTON, COLORADO Janice E. Pawlowski, Mayor ATTEST: Gayle Martinez, City Clerk Page 2 of 4 Published in the Standard Blade Last Publication: EXHIBIT A Page 1 of 1 Being a portion of County Road 27 (60 foot wide per Quit Claim Deed of record in Book 149 at Page 364, records of the Recorder's Office, Weld County, Colorado) located in the southeast one - quarter of Section 31, Township 1 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29. Township 1 North, Range 66 West of the 6th Principal Meridian,. being monu.mented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, TIN, R66W, S30/S29, 2007, PLS 25942" and at the center 1/4 corner by a recovered and accepted 1- 1/4 inch axle, with the line considered to bear N89°32'31 "E, a distance of 2,650.72 feet. Commencing at the westcorner of' Section 29, Township 1 North, Range 66 West of the 6th Principal Meridian, thence S 11 °59' 22"W across Sections 30 and 31 a distance of 6,177.66 feet to a point on the westerly line of said Weld County Road 27, also being the westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way; Thence S76°18'S1'"E across said original 400 foot wide Union Pacific Railway Company right- of-way and across said County Road 27 a distance of 30.00 feet to the Point Of Beginning; 4 Thence the following five (5) courses across said original 400 foot wide Union Pacific Railway Company right-of-way: 1. N 13°15'09"E along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 180.00 feet.; 2. S76°18' 51 "E a distance of 30.00 feet to the easterly line of said County Road 27; 3. S13°15'09"W along said easterly line and along a line 60.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 240.00 feet: 4. N76°18'51" W a distance of 30.00 feet; 5. N 13° 1 5'09"E along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 60.00 feet to the Point Of Beginning; Containing a calculated area of 7,200 Square Feet or 0.165 acres, more or less. Page3of4 EXHIBIT B Page 1 of 1 t �� — AM LS - City Council Agenda Item 8C • BRIGHTON CITY COUNCIL ORDINANCE ANNEXATION OF WELD COUNTY ROAD 27 (MAP 3 ANNEXATION) ORDINANCE NO: INTRODUCED BY: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ANNEXING TO THE CITY OF BRIGHTON APPROXIMATELY 0.413 ACRES OF CONTIGUOUS UNINCORPORATED TERRITORY LOCATED IN THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6'H PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, TO BE KNOWN AS "WELD COUNTY ROAD 27 (MAP 3 ANNEXATION)." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AS FOLLOWS: Section 1. That the City Council, at a Regular Meeting on December 16, 2008 passed Resolution No. 08- 164 delineating the City of Brighton and the County of Weld's understanding regarding the annexation to the City of Brighton of portions Weld County Road 27, 4 and 6 and setting the matter of the annexation for a public hearing on February 3, 2009. Section 2. In accordance with C.R.S. §31-12-108 (2), the notice of public hearing is to be published "once a week for four consecutive weeks...the first publication shall be at least thirty days prior to the date of the hearing" which was inadvertently not met. Section 3. That the City Council, at a Regular Meeting held on February 3, 2009 approved a continuation of the public hearing to a date certain of February 17, 2009 in order to meet all publication requirements as set forth in the C.R.S. § 31-12-108 and proper publication was made in the Brighton Standard Blade on the following dates: January 14th, 21' and 28th and February 4th. Section 4. That at said public hearing held on February 17, 2009 the City Council found and determined that the applicable parts of C.R.S. Section 31-12-101 et seq. "The Municipal Annexation Act" (hereinafter "Act"), and more particularly, Sections 31-12-104 and 105, have been met and further determined that an election was not required under the Act, and that no additional terms or conditions are to be imposed. Section 5. That, pursuant to C.R.S.Section 31-12-104(1)(a), the contiguity requirement will be established by the annexation of nine (9) parcels in a series, which annexations will be completed simultaneously and which were considered together for the purposes of the public bearing required by section 31-12-108 and 31-12-109. Section 6. That notice was sent to the Weld County Commissioners, Weld County Attorney, special districts and school districts, as required by C.R.S. § 31-12-108, on January 21, 2008. Section 7. That no Annexation Impact Report is required for this annexation. i Section 8. That the annexation by and to the City of Brighton, State of Colorado, of that area described on attached Exhibit A, shown in Exhibit B, consisting of approximately 0.413 acres, situated, lying and being in the County of Weld, State of Colorado, and to be known as "Weld County Road 27 (Map 3 Annexation)," is hereby approved. INTRODUCED, PASSED ON FIRST READING, AND ORDERED PUBLISHED THIS 17TH DAY OF FEBRUARY, 2009. CITY OF BRIGHTON, COLORADO Janice E. Pawlowski, Mayor ATTEST: Gayle Martinez, City Clerk Published in the Standard Blade First Publication: APPROVED AS TO FORM: Margaret Brubaker, Esq., City Attorney PASSED ON SECOND AND FINAL READING AND ORDERED PUBLISHED THIS DAY OF , 200__. CITY OF BRIGHTON, COLORADO Janice E. Pawlowski, Mayor ATI EST: Gayle Martinez, City Clerk Published in the Standard Blade Last Publication: EXHIBIT A Page 1 of 1 Being a portion of County Road 27 (60 foot wide per Quit Claim Deed of record in Book 149 at Page 364, records of the Recorder's Office, Weld County, Colorado) located in the southeast one - quarter of Section 31, Township 1 North, Range 66 West of the 66 Principal Meridian. Weld County, Colorado, and being more particularly described as fotlovws: Basis Of Bearings: The north fine of the southwest one -quarter of Section 29. Township I North, Range 66 West of the 6th Principal Meridian, being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, TIN, R66W, S30/S29, 2007. PLS 25942" and at the center 1/4 corner by a recovered and accepted I - I/4 inch axle, with the line considered to bear N89°32'31 "E; a distance of 2,650.72 feet . Commencing at the west '/ corner of Section 29, Township 1 North, Range 66 West of the 6" Principal Meridian, thence S I 1°59'22"W across Sections 30 and 31 a distance of 6,177.66 feet to a point on the westerly line of said Weld County Road 27, also being the westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way. and the Point Of Beginning: Thence N 13°15'09"E along said westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way and the westerly line of said Weld County Road 27 a distance of 600.00 feet; Thence leaving said westerly lines the following three (3) courses across said original 400 foot wide Union Pacific Railway Company right-of-way and across said Weld County Road 27: 1. S76°18,'51" E a distance of 30.00 feet; 2. S13° 15'09"W along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 600.00 feet; 3. N 76° 18' 51 "'Vi1 a distance of 30.00 feet to the Point Of Beginning. Containing a calculated area of 17,999 Square Feet or 0.4I3 acres, more or less. Page 3 of 4 EXHIBIT B Page 1 of 1 Page 4 of 4 City Council Agenda Item 8D i 1 BRIGHTON CITY COUNCIL ORDINANCE ANNEXATION OF WELD COUNTY ROAD 27 (MAP 4 ANNEXATION) ORDINANCE NO: INTRODUCED BY: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ANNEXING TO THE CITY OF BRIGHTON APPROXIMATELY 0.909 ACRES OF CONTIGUOUS UNINCORPORATED TERRITORY LOCATED IN THE EAST 1/2 OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 61.11 PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, TO BE KNOWN AS "WELD COUNTY ROAD 27 (MAP 4 ANNEXATION)." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AS FOLLOWS: Section 1. That the City Council, at a Regular Meeting on December 16, 2008 passed Resolution No. 08- 164 delineating the City of Brighton and the County of Weld's understanding regarding the annexation to the City of Brighton of portions Weld County Road 27, 4 and 6 and setting the matter of the annexation for a public hearing on February 3, 2009. Section 2. In accordance with C.R.S. §31-12-108 (2), the notice of public hearing is to be published "once a week for four consecutive weeks...the first publication shall be at least thirty days prior to the date of the hearing" which was inadvertently not met. Section 3. That the City Council, at a Regular Meeting held on February 3, 2009 approved a continuation of the public hearing to a date certain of February 17, 2009 in order to meet all publication requirements as set forth in the C.R.S. § 31-12-108 and proper publication was made in the Brighton Standard Blade on the following dates: January 14th, 21" and 28th and February 4th. Section 4. That at said public hearing held on February 17, 2009 the City Council found and determined that the applicable parts of C.R.S. Section 31-12-101 et seq. "The Municipal Annexation Act" (hereinafter "Act"), and more particularly, Sections 31-12-104 and 105, have been met and further determined that an election was not required under the Act, and that no additional terms or conditions are to be imposed. Section 5. That, pursuant to CRS Section 31-12-104(1)(a), the contiguity requirement will be established by the annexation of nine (9) parcels in a series, which annexations will be completed simultaneously and which were considered together for the purposes of the public hearing required by section 31-12-108 and 31-12-109. Section 6. That notice was sent to the Weld County Commissioners, Weld County Attorney, special districts and school districts, as required by C.R.S. § 31-12-108, on January 21, 2008. Section 7. That no Annexation Impact Report is required for this annexation. Section 8. That the annexation by and to the City of Brighton, State of Colorado, of that area described on attached Exhibit A, shown in Exhibit B, consisting of approximately 0.909 acres, situated, lying and being in the County of Weld, State of Colorado, and to be known as "Weld County Road 27 (Map 4 Annexation)," is hereby approved. LNTRODUCED, PASSED ON FIRST READING, AND ORDERED PUBLISHED THIS 17m DAY OF FEBRUARY, 2009. CITY OF BRIGHTON, COLORADO Janice E. Pawlowski, Mayor ATTEST: Gayle Martinez, City Clerk Published in the Standard Blade First Publication: APPROVED AS TO FORM: Margaret Brubaker, Esq., City Attorney PASSED ON SECOND AND FINAL READING AND ORDERED PUBLISHED THIS DAY OF , 200 . CITY OF BRIGHTON, COLORADO Janice E. Pawlowski, Mayor ATTEST: Gayle Martinez, City Clerk Published in the Standard Blade Last Publication: EXHIBIT A Page 1 of 1 Being a portion of County Road 27 (60 foot wide per Quit Claim Deed of record in Book 149 at Page 364, records of the Recorders Office, Weld County, Colorado) located in the east one-half of Section 31, Township I North, Range 66 West of the E►"`` Principal Meridian, Weld County, Colorado, and being more particularly described as follows; Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township 1 North, Range 66 West of the 6th Principal Meridian, being manurnented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, TIN, R&i6W, S30/S29, 2007, PLS 25942" and at the center 1/4 corner by a recovered and accepted 1- 1/4 inch axle, with the line considered to bear N89°32'3I' E, a distance of 2,650.72 feet. Commencing at the west 1/4 corner of Section 29, Township 1 North, Range 66 West of the 6Th Principal Meridian, thence S 1 1"51'13"W across Sections 30 and 31 a distance of 5,577.82 feet to a point on the westerly line of said Weld County Road 27, also being the westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way; Thence S76°I8'51"E across said original 400 foot wide Union Pacific Railway Company right- ofway and across said County Road 27 a distance of 30.00 feet to the Point Of Beginning: Thence the following five (5) courses across said original 400 foot wide Union Pacific Railway Company right-of-way: 1. N13°15'09"E along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 900.00 feet; 2. S76°18'51 "E a distance of 30.00 fleet to the easterly line of said County Road 27; 3. S13°15'09"W along said easterly line and along a line 60.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 1,320.00 feet; 4. N76° 18' 51 "W a distance of 30.00 feet: 5. N 13°15'09"E along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 420.00 feet to the Point Of Beginning Containing a calculated area of 39,600 Square Peet or 0.909 acres, more or less. Page 3 of 4 EXHIBIT B Page 1 of 1 'LOIS 4NUERN FhRS. F lanswwv 420 M rn I Z Page 4 of 4 City Council Agenda Item 8E r BRIGHTON CITY COUNCIL ORDINANCE ANNEXATION OF WELD COUNTY ROAD 27 (MAP 5 ANNEXATION) ORDINANCE NO: INTRODUCED BY: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ANNEXING TO THE CITY OF BRIGHTON APPROXIMATELY 1.901 ACRES OF CONTIGUOUS UNINCORPORATED TERRITORY LOCATED IN THE EAST V OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 611I PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, TO BE KNOWN AS "WELD COUNTY ROAD 27 (MAP 5 ANNEXATION)." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AS FOLLOWS: Section 1. That the City Council, at a Regular Meeting on December 16, 2008 passed Resolution No. 08- 164 delineating the City of Brighton and the County of Weld's understanding regarding the annexation to the City of Brighton of portions Weld County Road 27, 4 and 6 and setting the matter of the annexation for a public hearing on February 3, 2009. Section 2. In accordance with C.R.S. §31-12-108 (2), the notice of public hearing is to be published "once a week for four consecutive weeks...the first publication shall be at least thirty days prior to the date of the hearing" which was inadvertently not met. Section 3. That the City Council, at a Regular Meeting held on February 3, 2009 approved a continuation of the public hearing to a date certain of February 17, 2009 in order to meet all publication requirements as set forth in the C.R.S. § 31-12-108 and proper publication was made in the Brighton Standard Blade on the following dates: January 14th, 21" and 28`x` and February 4th. Section 4. That at said public hearing held on February 17, 2009 the City Council found and determined that the applicable parts of C.RS. Section 31-12-101 et seq. "The Municipal Annexation Act" (hereinafter "Act"), and more particularly, Sections 31-12-104 and 105, have been met and further determined that an election was not required under the Act, and that no additional terms or conditions are to be imposed. Section 5, That, pursuant to C.R.S. Section 31-12-104(1)(a), the contiguity requirement will be established by the annexation of nine (9) parcels in a series, which annexations will be completed simultaneously and which were considered together for the purposes of the public hearing required by section 31-12-108 and 31-12-109. Section 6. That notice was sent to the Weld County Commissioners, Weld County Attorney, special districts and school districts, as required by C.R.S. § 31-12-108, on January 21, 2008. Section 7. That no Annexation Impact Report is required for this annexation. Section 8. That the annexation by and to the City of Brighton, State of Colorado, of that area described on attached Exhibit A, shown in Exhibit B, consisting of approximately 1.901 acres, situated, tying and being in the County of Weld, State of Colorado, and to be known as "Weld County Road 27 (Map 5 Annexation)," is hereby approved. INTRODUCED, PASSED ON FIRST READING, AND ORDERED PUBLISHED THIS 17TH DAY OF FEBRUARY, 2009. CITY OF BRIGHTON, COLORADO Janice E. Pawlowski, Mayor ATTEST: Gayle Martinez, City Clerk Published in the Standard Blade First Publication: APPROVED AS TO FORM: Margaret Brubaker, Esq., City Attorney PASSED ON SECOND AND FINAL READING AND ORDERED PUBLISHED THIS DAY OF , 200_. CITY OF BRIGHTON, COLORADO Janice E. Pawlowski, Mayor ATTEST: Gayle Martinez, City Clerk Page 2 of 4 Published in the Standard Blade Last Publication: EXHIBIT A Page 1 of 1 Being a portion of County Road 27 (60 foot wide per Quit Claim Deed of record in Book 1.49 at Page 364, records of the Recorder's Office, Weld County, Colorado) located in the east one-half of Section 31, Township i North, Range 66 West of the 6th Principal. Meridian, Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township 1 North, Range 66 West of the e Principal Meridian, being monumented at the west one -quarter corner by a recovered and accepted 3-114 inch aluminum cap in a range box stamped "Stantec, TIN, R66W. S30/S29, 2007, PLS 25942" and at the center 114 corner by a recovered and accepted I- I /4 inch axle, with the line considered to bear N89°32'31"E, "E, a distance of 2,650.72 feet. Commencing at the west TA corner of Section 29, Township I North. Range 66 West of the 6t` Principal Meridian, thence S l I °51 ' 13"W across Sections 30 and 31 a distance of 5,577.82 feet to a point on the westerly line of said Weld County Road 27. also being the westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way, and the Point Of Beginning: Thence N i3°l 5'09"E along said westerly line of the original 400 foot wide Union Pacific Railway Company right-of-way and the westerly line of said Weld County Road 27 a distance of 2,760.00 feet; Thence leaving said westerly lines the following three (3) courses across said original 400 foot wide Union Pacific Railway Company right-of-way and across said Weld County- Road 27: I . S 76° 18'51 "E a distance of 30.00 feet; 2. S 13° 15'09"W along a line 30 feet easterly of and parallel to (as measured at right angles) said westerly lines, a distance of 2.760.00 feet; 3. N76'18'5 I "W a distance of 30.00 feet to the Point Of Beginning. Containing a calculated area of 82,798 Square Feet or 1.901 acres, more or less. Page 3 of 4 EXHIBIT B Page 1 of 1 L.77 GODAi1S CAL110.0N PARCEL Na. q>131(COO37 DENC1FAALY 11YWS' PlETEEI Na 14113313D03,23 PPRCEI Ne. 11711i00M.13P 111-CNNIY PEAL ESTATE ACONIED1030 V.. FARED'. Na 10131100077 00U3!3 E NIESTVL T3 LEO SWIM. Na. 1471714ryAA1 PRUDE 3. PANS PARCEL !b. !17131110003N 0 xP1rN - 11001 Naao smelt"( / 1 EGAD • At L0 WON17 3a. NA PACE 274 Sn3 'a14 P ANY PARCEL No 147131000043 RED COUNTY ROAD 25 COP07I INC. lAry I Na. 0130,3.1011 _. 1(1r/r3. '" 211 Page 4 of 4 City Council Agenda Item 8F BRIGHTON CITY COUNCIL ORDINANCE ANNEXATION OF WELD COUNTY ROAD 27 & WELD COUNTY ROAD 4 (MAP 6 ANNEXATION) ORDINANCE NO: INTRODUCED BY: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ANNEXING TO THE CITY OF BRIGHTON APPROXIMATELY 5.789 ACRES OF CONTIGUOUS UNINCORPORATED TERRITORY LOCATED IN THE SOUTHWEST ' OF SECTION 29, THE SOUTHEAST 'A OF SECTION 30, THE NORTHEAST 'A OF SECTION 31 AND THE NORTHWEST 'A OF SECTION 32, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6m PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, TO BE KNOWN AS "WELD COUNTY ROAD 27, AND WELD COUNTY ROAD 4 (MAP 6 ANNEXATION)." BE IT ORDAINED BY THE CITY COUNCIL OF THL CITY OF BRIGHTON, COLORADO, AS FOLLOWS: Section 1. That the City Council, at a Regular Meeting on December 16, 2008 passed Resolution No. 08- 164 delineating the City of Brighton and the County of Weld's understanding regarding the annexation to the City of Brighton of portions Weld County Road 27, 4 and 6 and setting the matter of the annexation for a public hearing on February 3, 2009. Section 2. In accordance with C.R.S. §31-12-108 (2), the notice of public hearing is to be published "once a week for four consecutive weeks...the first publication shall be at least thirty days prior to the date of the hearing" which was inadvertently not met. Section 3. That the City Council, at a Regular Meeting held on February 3, 2009 approved a continuation of the public hearing to a date certain of February 17, 2009 in order to meet all publication requirements as set forth in the C.R.S. § 31-12-108 and proper publication was made in the Brighton Standard Blade on the following dates: January 14`", 21" and 28th and February 4`h. Section 4. That at said public hearing held on February 17, 2009 the City Council found and determined that the applicable parts of C.R.S. Section 31-12-101 et seq. "The Municipal Annexation Act" (hereinafter "Act"), and more particularly, Sections 31-12-104 and 105, have been met and further determined that an election was not required under the Act, and that no additional terms or conditions are to be imposed. Section 5. That, pursuant to C.RS. Section 31-12-104(1)(a), the contiguity requirement will be established by the annexation of nine (9) parcels in a series, which annexations will be completed simultaneously and which were considered together for the purposes of the public hearing required by section 31-12-108 and 31-12-109. Section 6. That notice was sent to the Weld County Commissioners, Weld County Attorney, special districts and school districts, as required by C.R.S. § 31-12-108, on January 21, 2008. Section 7. That no Annexation Impact Report is required for this annexation. Section 8. That the annexation by and to the City of Brighton, State of Colorado, of that area described on attached Exhibit A, shown in. Exhibit B, consisting of approximately 5.789 acres, situated, lying and being in the County of Weld, State of Colorado, and to be known as "Weld County Road 27, and Weld County Road 4 (Map 6 Annexation)," is hereby approved. INTRODUCED, PASSED ON FIRST READING, AND ORDERED PUBLISHED THIS 17TH DAY OF FEBRUARY, 2009. CITY OF BRIGHTON, COLORADO Janice E. Pawlowski, Mayor ATTEST: Gayle Martinez, City Clerk Published in the Standard Blade First Publication: APPROVED AS TO FORM Margaret Brubaker, Esq., City Attorney PASSED ON SECOND AND FINAL READING AND ORDERED PUBLISHED THIS DAY OF , 200_. CITY OF BRIGHTON, COLORADO Janice E. Pawlowski, Mayor ATTEST.. Page 2 of Gayle Martinez, City Clerk Published in the Standard Blade Last Publication: EXHIBIT A Page 1 of 2 Being a portion of County Road 27 (right-of-way varies) and County Road 4 (right-of-way varies) located in southwest one -quarter of Section 29, the southeast one -quarter of Section 30, the northeast one -quarter of Section 3) and the northwest one -quarter of Section 32, all in Township 1 North, Range 66 West of the 6°i Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township 1 North, Range 66 West of the 6* Principal Meridian, being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a range box stamped "Stantec, TIN, R66 W, S30/S29, 2007, KS 25942" and at the center 1/4 corner by a recovered and accepted 1- 1/4 inch axle, with the line considered to bear N89°32'31"E., a distance of 2,650.72 feet. Commencing at the west 1/4 corner of Section 29, Township l North, Range 66 West of the 6i1' Principal Meridian, thence SI 0°29'03"W across Sections 30 and 31 a distance of 2,819.45 feet to a point on the westerly line of said Weld County Road 27 as described in Quit Claim Deed of record in Book 149 at Page 364, records of the Recorder's Office, Weld County, Colorado, also being the westerly line of the original 400 foot wide Union Pacific Railway Company right-of- way; Thence S76°18'51"E across said original 400 foot wide Union Pacific Railway Company right- of-way and across said County Road 27 a distance of 30.00 feet to the Point Of Beginning; Thence N t 3° 15'09"E along a line 30.00 feet easterly of and parallel to (as measured at right angles) said westerly line of the original 400 foot wide Union Pacific Railway Company right-of- way and said westerly line of County Road 27, a distance of 1,373.74 feet; Thence S76°44'51 "E a distance of 30.00 feet to the easterly line of said County Road 27 as described in said Quit Claim Deed of record in Book 149 at Page 364; Thence S13°15'09"W along said easterly line of County Road 27 a distance of 1.197.36 feet to the intersection of said easterly line of County Road 27 with the north line of County Road 4 (right-of-way varies); Thence the following two (2) courses along said north tune of County Road 4: 1. N89°16'45"E a distance of 449.08 feet 2. N89°33'59"E a distance of 1,944.47 feet; Thence leaving said north line of County Road 4, SO(1°26'01"E a distance of 60.00 feet to the south line of said County Road 4; Thence the following four (4) courses along said south line of County Road 4: I. SS9°33'59"W a distance of 1,299.62 feet; 2. S00°23'22"E a distance of 10,00 feet; 3. S89°33'59"141 a distance of 644.65 feet; 4. S89°16'45" W a distance of 466.35 feet to said easterly tine of said County Road 27; Thence S13'l5'09"W along Said easterly line of said County Road 27 a distance of 1.964.48 feet; Page 3 of 5 Thence leaving said easterly line of County Road 27, N76°1815] "W a distance of 30.00 feet; Tit ewe N 13°15'09"E along a line 30.00 feet easterly of and parallel to (as measured at right angles) the westerly line of said County Road 27, a distance of 1.860.00 feet to the Point Of Beginning. Containing a calculated area of 252,167 Square Feet or 5.789 acres, more or less. Page 4 of 5 EXHIBIT B Page 1 of 1 • PONT Y EEN401'PMU4T AST 1/4 C57444 5L(ACN P4/ !441 I/4 CC*fM R(110. 30 f04N5 3-4/4 NW µ.4441N CAP S1AL'?TU '01414-10. TIM, 46Y1r. SW/3?4 1701. PEI 25514- 44 A 4101442 4107 c2PM10 OR. PMC{L 41. 1471354074^ 4047044.4 (PR a x-. p IOC 5LTIW O 4RCCL II ERNA 141 POLE 354 11111'400 u7s7 fOPM! 1N PARCEL No l4713545Mtl 40314414.! CPR Of TNEN 4I.D4 PROM .AU1A. ECNPANY 406( K0 5.3.4. /441'16'45T 4446. IRSEIRLY 1SIF 5< p' 4Q 51X7 MAP PAM( W 11504 444 ACE 144 si-46w34 NUc 04744E ACE410115 45 CU: 131 4e 44 . 1PIPE10 R 05PT 507744E L N• IITIKNU ll6 PARCEL 44. 14713150441 55 WC 0.0,0 RE> P. ROC.. 44 >44E 364 744041 •ASK .--PAl.14Y-. .51P1NY 0'N E I.O+r w '0' (at 314411411 121* 6C64PAN7 >MIA NO. 11:'31445145 `144.7 5. 0Nrts FARM. 144. 4/I MONA 111!04 1111(117 INLV47 044eA4! 455 DOE 0.514 ilr LAW N PA141C JAM 7.I PAW �CItAYAY P 5.1131140411 4G 11740:411 M 74!55450515 ram WELD COUNTY, COLORADO 5NL40114 SASS OF 0044543 '45411.1 UK (1 ME SCLIM*FS1 I/4 Mad 21. 7CYPAM 1. 4*74M, P1q 62 {CST a 11{ CM FA. 116'3731'0 7.0(44 77' IS7 474 41P0 •4AC!. 0M4a 4s 147M200405 7 4200 405 .DEL (ilom,4.11L 6 PIE 47!71 Re ‘47,7000022 POSIS44T 14444 347154 CN.45' YELP (1114717 #044 4 �ALSIT-5f-051 04;03,1 i5 424E 0445!715 LAYS '47:12047.45 (ID11 i+P 1.1 —q5 10 (.Y PARCELt.14105121111400 51 !REBREA • INIELEPALE nom RC. PIP= Ne. 14702951W70 4101. / 1240.01' } �•l OC• ,1..-49ar a0 J I won _ mil C%P• L rata N0. *MIRE 7'44 147:A}ONG.15 C/O LOCAL P. NAZI 411. Pnge"3' af'5 City Council Agenda Item 8G • r BRIGHTON CITY COUNCIL ORDINANCE ANNEXATION OF WELD COUNTY ROAD 27 (MAP 7 ANNEXATION) ORDINANCE NO: INTRODUCED BY: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ANNEXING TO THE CITY OF BRIGHTON APPROXIMATELY 5.237 ACRES OF CONTIGUOUS UNINCORPORATED TERRITORY LOCATED IN THE SOUTHWEST '4 OF SECTION 29, THE EAST V2 OF SECTION 30 AND THE NORTHEAST ' OF SECTION 31, ALL IN TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, TO BE KNOWN AS "WELD COUNTY ROAD 27 (MAP 7 ANNEXATION)." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AS FOLLOWS: Section 1. That the City Council, at a Regular Meeting on December 16, 2008 passed Resolution No. 08- 164 delineating the City of Brighton and the County of Weld's understanding regarding the annexation to the City of Brighton of portions Weld County Road 27, 4 and 6 and setting the matter of the annexation for a public hearing on February 3, 2009. Section 2. In accordance with C.R.S. §31-12-108 (2), the notice of public hearing is to be published "once a week for four consecutive weeks...the first publication shall be at least thirty days prior to the date of the hearing" which was inadvertently not met. Section 3 That the City Council, at a Regular Meeting held on February 3, 2009 approved a continuation of the public hearing to a date certain of February 17, 2009 in order to meet all publication requirements as set forth in the C.R.S. § 31-12-108 and proper publication was made in the Brighton Standard Blade on the following dates: January 14`x, 21't and 28'h and February 4a'. Section 4. That at said public hearing held on February 17, 2009 the City Council found and determined that the applicable parts of CRS. Section 31-12-101 et seq. "The Municipal Annexation Act" (hereinafter "Act"), and more particularly, Sections 31-12-104 and 105, have been met and further determined that an election was not required under the Act, and that no additional terms or conditions are to be imposed. Section 5. That, pursuant to C.R.S. Section 31-12-104(1)(a), the contiguity requirement will be established by the annexation of nine (9) parcels in a series, which annexations will be completed simultaneously and which were considered together for the purposes of the public hearing required by section 31-12-108 and 31-12-109. Section 6. That notice was sent to the Weld County Commissioners, Weld County Attorney, special districts and school districts, as required by C.R.S. § 31-12-108, on January 21, 2008. Section 7. That no Annexation Impact Report is required for this annexation. Section 8. That the annexation by and to the City of Brighton, State of Colorado, of that area described on attached Exhibit A, shown in Exhibit B, consisting of approximately 5.237 acres, situated, lying and being in the County of Weld, State of Colorado, and to be known as "Weld County Road 27 (Map 7 Annexation)," is hereby approved. INTRODUCED, PASSED ON FIRST READING, AND ORDERED PUBLISHED THIS 17TH DAY OF FEBRUARY, 2009. CITY OF BRIGHTON, COLORADO Janice E. Pawlowski, Mayor ATTEST: Gayle Martinez, City Clerk Published in the Standard Blade First Publication: APPROVED AS TO FORM: Margaret Brubaker, Esq., City Attorney PASSED ON SECOND AND FINAL READING AND ORDERED PUBLISHED THIS DAY OF , 200_. CITY OF BRIGHTON, COLORADO Janice E. Pawlowski, Mayor ATTEST: Gayle Martinez, City Clerk Page 2 of 5 Published in the Standard Blade Last Publication: EXHIBIT A Page 1 of 2 Being a portion of County Road 27 (width varies) located in the southwest one -quarter of Section 29, the east one-half of Section 30 and the northeast one -quarter of Section 31, all in Township 1 North Range 66 West of the 6''` Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29. Township 1 North, Range 66 West of the 6th Principal Meridian, being monumerned at the west one -quarter corner by a recovered and accepted 3-114 inch aluminum cap in a range box stamped "Stantec, TIN. R66W, S30/529, 2007, PLS 25942" and at the center 1/4 corner by a recovered and accepted 1 • - 1 /4 inch axle, with the line considered to bear N89°32'31 "E, a distance of 2.650.72 feet. Beginning at the west % corner of Section 29, Township I North, Range 66 West of the 6r' Principal Meridian; Thence S00°45'42"E along the east line of the southeast one -quarter of said Section 30 a distance of 562.61 feet to the intersection of the westerly hoe of the Union Pacific Railway Company 400 foot wide right-of-way and said east line of the southeast one -quarter of Section 30; Thence S 13°15'09"W along said westerly line of the Union Pacific Railway Company 400 foot wide right-of-way and the easterly ling of County Road 27 a distance of 123.88 feet to the intersection of said westerly line of the Union Pacific Railway Company 400 foot wide right-of- way and the northwest corner of that parcel Quit Claimed in Boot, 149 at Page 364, records of the Recorder's Office, Weld County, Colorado; Thence the following two (2) courses along the northerly and easterly lines of said Quit Claim parcel and along the easterly line of said County Road 27: 1. S83°45' 16"E a distance of 60.45 feet; 2. S13°l5'09"W a distance of 780.27 feet; Thence leaving said easterly line of County Road 27 and the Quit Claim parcel the following three (3) courses across said County Road 27: 1. N76°44'51 "W a distance of 30.00 feet; 2. S13°15'09"W 15'09"W along a line 30.00 feet westerly of and parallel to (as measured at right angles) said easterly line of County Road 27 a distance of 1,373.74 feet; 3, N76° 18' 51"W a distance of 30.00 feet to the westerly line of said County Road 27; Page 3 of 5 • Thence the following f aurteen (14) courses along said westerly line of County Road 27: 1. N13°15'09''E adistance of 314.11 feet: 2. N85° 36`45"W a distance of 10.12 feet: 3. N 13 ° l 5'09"E a distance of 973.35 feet: 4. N00°49'24"E a distance of 91.50 feet: 5, NI3°29' 24"E a distance of 45.41 feet to a point of curvature; 6. Thence along the arc of a curve to the left having a radius of 5,670.00 feet a central angle of 09"24'29". an arc length of 931.02 feet, a chord of which bears N08°45'01 "E a chord distance of 929.98 feet: 7. N01 °4 5' 59"E a distance of 99.60 feet to a point of curvature; 8. Thence along the arc of a curve to the left having a radius of 5,679.00 feet, a central angle of 03°29'02''. an arc length of 345.30 feet. the chord of which hears X01 °10'30" E a chord distance of 345.25 feet: 9. N00° 34'01'W a distance of 18.29 feet; 10. S89°16'06"W a distance of 2.47 feet; 11. N00"35'37"W a distance. of 118.87 feet; 12. N l 6°(}4'23 "E a distance of 104.25 feet; 13. N89°22'22"E a distance of 6.47 feet: 14. N00°46'15"W a distance of 1,075.03 feet; Thence leaving said westerly line of County Road 27 the following two (2) courses across said County Road 27: 1. N89°13'45" E a distance of 30.00 feet to the east line of the northeast one -quarter of said Section 30: 2. S00°46' 15"E along said east line of the northeast one -quarter a distance of I.293.88 feet to the Point Of Beginning. Containing a calculated area of 228.109 Square Feet or 5.237 acres, more or less. wrrtAtt 3SDT `ACAu Fmk. '11/5611. 'LC 0/33MI). 4614 M PARCEL 44 I47. 30100,04 4b4cW W Y1. n.. 7NOR71Y a. ros134131 Ocoarc.ro 6, 1,1.17 serrorvo ILAT rotor• A 3rLZ '4A1C 1b. 42' sO4C 71) 111a74w16Es EL P«ACL tow. u..xxale COIHR' Mr. PA:S 1e. :47130CC.6,2 11007.b68 6714' 3.03'21117' R-5614.00 1..3.11.30' R44g11RLt — Cy.14515' 14OloS5ST SOW 41144145 'U P.414,51. No 14:11P37Oa1 ••r' MOS'HY1' 14.5170.00. L-931.07' CAANCI.514t CAAS21110' ILSH1YT !AK OF THE 10 41)C CUM CRY PARCEL P4 MOO 1.4 YAM 300 YC014F•T AIs a — z*: 4401 P4/YIC 111414844 CO. Ace 910 RO.t 141370'241 a4 AOO'n'24t 11.11u' — CO" 714 64 056[51. '.. 141117.X1.7 COWES RIC. MACES TM 1n13a0040 117117: 11 I m1I14 1/00 41.555 :15:55. .To/ if! 4IP ——S1315'ww 11166 —503.5'15'0 60. 3500.51'1 3t3 -111111V ,313.44 041011 PAOTIC �R1w1 K; Sia' 4)12( 70' 0010 ii EXHIBIT B Page 1 of 1 POPO01 4/ Omura+ *ST [, EAST L 1%4 OII`(A SEMI 14/ I/4 ?PAT14 scour Y (TAWS?• 'Ci4�I'41. 214 Asc.. 4p/S24. eoc7 Ass VA..? 6 7 i o.•sls a SEAR 14cs ��E( I A5M 11,11 r! II( 9.r4, 7(;IN�S, :/1 'Lc11041 71. .1414:$1 nn 13A4rl 1 4440 i 5 6C •4x1)000064 4444011743'! 7.& 7, 4? WON PACI C COWAVT _y 100' 68)0 If RAW .3 6442 — m � CLAN 0.140(5 EP Roa644 1 VACS .1141 71 j(`I! i 6111441.14 BROWS& se: ImV3W 5614 / IRAN D. 6.62 R7AQ_ Na $IrnX19m991 61 TN1 04'x4" 4,«,414 . _ Tw-Ca4A'T 4014 ESTATE Aa6f1T(.5 U C PAPIST No. - 41411UP747 14741[!, Y44015 .440 aw r 1lc PARCEL 4a 4:3209Nao 511. 451 AMC 5M[(1 Pra6 4r 1471700000100 .7CM:1F -..ro1(a4U -,can RC 74PC^ 14423014021 : KLI'-ii fl_1 • ..1.A�.•n:• WELD COUNTY, COLORADO Itsj TT If 1' 00415. 44Ya u J5 d 144A3AYA 14140x14•,. ML (MIT Silt 41110.1. On WATT. C114447.. AT„0 A4TT. CM AC1CH 5. 00 C4 45.. 56 .101 1. 1092, 5652 Matt MT) 71 C11(L11(AT 64114(97(1. TICAPCT nitaa no. I0x29300072 n4LIU4 C or&*oA 0/0 7N5.4. P. n,4,5 7PAX._N> I 4 : )4104[[00 304011 PO00 7YL71060 (04444144 22.7 ACRF PARCCC. 956107 Y 4112321W W.) 15 cIY Oa,Y2 AUDI SWUM PARCO. Ns ,4x25105DM 61 yrli�T L IILLM IL 14x66150256 —fro r. 0054 ►621411. MA 444121100014 EIRM 1.01 PILLFJ P*ca 144. 1471290070. m�r•4 0/0 RUE, P. 341111. PA:L A4. 4.x32570070 1 _ 4' 7 Page 5 of 5 City Council Agenda Item 811 • BRIGHTON CITY COUNCIL ORDINANCE ANNEXATION OF WELD COUNTY ROAD 27 & WELD COUNTY ROAD 6 (MAP 8 ANNEXATION) ORDINANCE NO: INTRODUCED BY: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ANNEXING TO THE CITY OF BRIGHTON APPROXIMATELY 4.966 ACRES OF CONTIGUOUS UNINCORPORATED TERRITORY LOCATED IN THE SOUTHEAST ' OF SECTION 19, THE SOUTHWEST '4 OF SECTION 20, IRE WEST' OF SECTION 29 AND THE NORTHEAST % OF SECTION 30, ALL IN TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6111 PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, TO BE KNOWN AS "WELD COUNTY ROAD 27 AND WELD COUNTY ROAD 6 (MAP 8 ANNEXATION)." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AS FOLLOWS: Section 1. That the City Council, at a Regular Meeting on December 16, 2008 passed Resolution No. 08- 164 delineating the City of Brighton and the County of Weld's understanding regarding the annexation to the City of Brighton of portions Weld County Road 27, 4 and 6 and setting the matter of the annexation for a public hearing on February 3, 2009. Section 2. In accordance with C.R.S. §31-12-108 (2), the notice of public hearing is to be published "once a week for four consecutive weeks...the first publication shall be at least thirty days prior to the date of the hearing" which was inadvertently not met. Section 3. That the City Council, at a Regular Meeting held on February 3, 2009 approved a continuation of the public hearing to a date certain of February 17, 2009 in order to meet all publication requirements as set forth in the C.R.S. § 31-12-108 and proper publication was made in the Brighton Standard Blade on the following dates: January 14th, 2l't and 28th and February 4th. Section 4. That at said public hearing held on February 17, 2009 the City Council found and determined that the applicable parts of C.RS. Section 31-12-101 et seq. "The Municipal Annexation Act" (hereinafter "Act"), and more particularly, Sections 31-12-104 and 105, have been met and further determined that an election was not required under the Act, and that no additional terms or conditions are to be imposed. Section 5. That, pursuant to C.R.S. Section 31-12-104(1)(a), the contiguity requirement will be established by the annexation of nine (9) parcels in a series, which annexations will be completed simultaneously and which were considered together for the purposes of the public hearing required by section 31-12-108 and 31-12-109. Section 6. That notice was sent to the Weld County Commissioners, Weld County Attorney, special districts and school districts, as required by C.R.S. § 31-12-108, on January 21, 2008. Section 7. That no Annexation Impact Report is required for this annexation. Section 8. That the annexation by and to the City of Brighton, State of Colorado, of that area described on attached Exhibit A, shown in Exhibit B, consisting of approximately 4.966 acres, situated, lying and being in the County of Weld, State of Colorado, and to be known as "Weld County Road 27 and Weld County Road 6 (Map 8 Annexation)," is hereby approved. INTRODUCED, PASSED ON FIRST READING, AND ORDERED PUBLISHED THIS 17Th DAY OF FEBRUARY, 2009. CITY OF BRIGHTON, COLORADO Janice E. Pawlowski, Mayor ATTEST: Gayle Martinez, City Clerk Published in the Standard Blade First Publication: APPROVED AS TO FORM: Margaret Brubaker, Esq., City Attorney PASSED ON SECOND AND FINAL READING AND ORDERED PUBLISHED THIS DAY OF , 200_. CITY OF BRIGHTON, COLORADO Janice E. Pawlowski, Mayor ATTEST: Page 2 of 5 Gayle Martinez, City Clerk Published in the Standard Blade Last Publication: EXHIBIT A Page 1 of 2 Being a portion of County Road 27 (width varies) and ('corny Road 6 (width varies) located in the southeast one -quarter of Section 19, the southwest one -quarter of Section 20, the west one- half of Section 29 and the northeast one -quarter of Section 30. all in Township € North. Range 66 West of the 6* Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29. Township 1 North, Range 66 West of the 6* Principal Meridian, being monumented at the west one -quarter corner by a recovered and accepted 3-1/4 inch aluminum cap in a ranae box stamped "Stantec, TI N, R66W, S301S29, 2007, P1S 25942" and at the center 1/4 corner by a recovered and accepted 1- 1/4 inch axle, with the line considered to bear 1489'32°31"E, a distance of 2,650.72 feet. Beginning at the west'/, corner of Section 29. Township I North, Range 66 West of the 6i° Principal Meridian; Thence N00°46' I5 W along the cast line of the northeast one -quarter of said Section 30 a distance of 1.293..•; feet: Thence leaving said east line of the northeast one -quarter S89°13'45"W a distance of 30.00 feet to the westerly line of said County Road 27; Thence N00°46' 15"W along said westerly tine a distance of 1,316.11 feet to the south line of County Road 6 (width varies); Thence 589°39'55"W along said south line a distance of 305.01 feet to the existing corporation limits for the City of Ft. Lupton; Thence N003.6' 15"W along said corporation limits and across said County Road 6 a distance of 70.00 feet. to the north tine of said County Road 6; Thence leaving said corporation limits N89°39'55'E along said north tine of County Road 6 a distance of 335.01 feet to the intersection said north line of County Road 6 and the east line of the southeast one -quarter of said Section 19; Thence S00°46' 15"E along said east line a distance of 10.00 feet Thence N89°32'46"E continuing across said County Road 27 a distance of 30.00 feet to the to the intersection of said north line of said County Road 6 and the easterly tine of said County Road 27: Thence S00°46' I 5"E along said easterly line of County Road 27 a distance of 30.00 feet; Thence N89°32'46" L alonga line 30.00 feet south of and parallel to (as measured at tight armies) the north line of said County Road 6 a distance of 1.925.00 feet; Thence S00'27' 14"E a distance of 30.00 feet to the south line of said County Road 6; r Page 3 of 5 Thence S89°32'46"W along said south line of County Road 6 a distance of 1,924.83 feet to the intersection of said south line of County Road 6 and said easterly line of County Road 27; Thence the following three (3) courses along said easterly line of County Road 27: 1. S00346115"E S"E a distance of 2.609.60 feet: 2. 300,45'35"E a distance of 372.87 feet: 3. S39°37'42" E a distance of 21.14 feel to the intersection of said easterly line of County Road 27 and the westerly line of the Union Pacific Railway Company 400 foot right-of- way; Thence S.13°15'09"W continuing along said easterly line of County Road 27 and also along said westerly line of the 400 foot wide right-of-way a distance of 178.60 ket Thence leaving said easterly line of County Road 27 and said westerly line of the 400 foot wide right-of-way N00°45'42"W along the east line of the southeast one -quarter of said Section 30 a distance of 562.61 feet to the Point Of Beginning. Containing a calculated area of 216,300 Square Feet or 4.966 acres. more or less. Page 4 of 5 K 41 i :£13X0435 LLC PARCEL No 14345010010:1 15054(1 1AMILY 1g NCA91OLL FARM H 1143120100103 30VVY5w 51041 740454 KCLINN03 LIC (1/7 On. 1 A PARCEL Mo. 1.1.•11X•!04 700001 Yo 1471yP13023 14004s'aw 3.1434AT MC FARCE. *'o. 14713GiF1i 33.4. 70114 ANN:. ORIYACK 147120000021 R A!IHOAO CRl i1ME'� C LARCEL EXHIBIT B Page 1 of 1 au v8T R�4VY ENIEAP1015 1 LLC PARCEL Nc. Ic]120200:15 i LANKA' 7008IC RAILWAY Cpa°1335 12. 2.0.141 —POINT :f 2:4\/1X.. WEST 1/4 000014"1 SECTOR 2Y/ /I EAST :/4 141XIC iALL1Y1o..0 / 00.40ll 1174 LAC. ,1041 REEF CAP 5301/20 '001, 71 54 a" 530/023NR.1112, CLS ),»1]'007, w A 70070E aox. AR7 X 542E5 wN, 000 1.,l 00000'24 S 3'1503'01 I ]B6C' 02100 c7c RMOVAT _0711044X170 5 Rnn Arun ;alwnr PARCEL No. 1421208'20.1071 50071143E 1024.115' 11EL0 CCLIKIT ROAD 5 30710TH VRRI[S) 1177 OF 07104110 !120 ACRE ;ARSE. EARLE. Nc. 20700//7 3445 OF 3EARIXOS NORTH LAC cf 3111 5wl1FE iT 1/4 0(01)0K SINGE20'. 304075117 1 40010, FAST 1F AMC EDI 314 410532313E 70002'1' R'0 411 ACRE PARCEL PARCEL No, 4471200%T00 City Council Agenda Item 8I BRIGHTON CITY COUNCIL ORDINANCE ANNEXATION OF WELD COUNTY ROAD 6 (MAP 9 ANNEXATION) ORDINANCE NO: INTRODUCED BY: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, ANNEXING TO THE CITY OF BRIGHTON APPROXIMATELY 2.302 ACRES OF CONTIGUOUS UNINCORPORATED TERRITORY LOCATED IN THE NORTHWEST VI OF SECTION 29 AND TFIE SOUTHWEST % OF SECTION 20, ALL IN TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6114 PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, TO BE KNOWN AS "WELD COUNTY ROAD 6 (MAP 9 ANNEXATION)." BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AS FOLLOWS: Section 1. That the City Council, at a Regular Meeting on December 16, 2008 passed Resolution No. 08- 164 delineating the City of Brighton and the County of Weld's understanding regarding the annexation to the City of Brighton of portions Weld County Road 27, 4 and 6 and setting the matter of the annexation for a public hearing on February 3, 2009. Section 2. In accordance with C.R.S. §31-12-108 (2), the notice of public hearing is to be published "once a week for four consecutive weeks...the first publication shall be at least thirty days prior to the date of the hearing" which was inadvertently not met. Section 3. That the City Council, at a Regular Meeting held on February 3, 2009 approved a continuation of the public hearing to a date certain of February 17, 2009 in order to meet all publication requirements as set forth in the C.R.S. § 31-12-108 and proper publication was made in the Brighton Standard Blade on the following dates: January 14th, 21st and 28th and February 4th. Section 4. That at said public hearing held on February 17, 2009 the City Council found and determined that the applicable parts of C.RS. Section 31-12-101 et seq. "The Municipal Annexation Act" (hereinafter "Act"), and more particularly, Sections 31-12-104 and 105, have been met and further determined that an election was not required under the Act, and that no additional terms or conditions are to be imposed. Section 5. That, pursuant to C.RS. Section 31-12-104(1)(a), the contiguity requirement will be established by the annexation of nine (9) parcels in a series, which annexations will be completed simultaneously and which were considered together for the purposes of the public hearing required by section 31-12-108 and 31-12-109. Section 6. That notice was sent to the Weld County Commissioners, Weld County Attorney, special districts and school districts, as required by C.R.S. § 31-12-108, on January 21, 2008. Section 7. That no Annexation Impact Report is required for this annexation. Section 8. That the annexation by and to the City of Brighton, State of Colorado, of that area described on attached Exhibit A, shown in Exhibit B, consisting of approximately 2.302 acres, situated, lying and being in the County of Weld, State of Colorado, and to be known as " Weld County Road 6 (Map 9 Annexation)," is hereby approved. INTRODUCED, PASSED ON FIRST READING, AND ORDERED PUBLISHED THIS 17TH DAY OF FEBRUARY, 2009. CITY OF BRIGHTON, COLORADO Janice E. Pawlowski, Mayor ATTEST: Gayle Martinez, City Clerk Published in the Standard Blade First Publication: APPROVED AS TO FORM: Margaret Brubaker, Esq., City Attorney PASSED ON SECOND AND FINAL READING AND ORDERED PUBLISHED THIS DAY OF , 200_. CITY OF BRIGHTON, COLORADO Janice E. Pawlowski, Mayor ATTEST: Gayle Martinez, City Clerk Page 2 of 4 Published in the Standard Blade Last Publication: EXHIBIT A Page 1 of 1 Being a portion of County Road 6 (width varies) located in the northwest one -quarter of Section 29 and the southwest one -quarter of Section 20, all in Township 1 North, Range 66 West of the 6'h Principal Meridian., Weld County, Colorado, and being more particularly described as follows: Basis Of Bearings: The north line of the southwest one -quarter of Section 29, Township 1 North, Range 66 West of the 6's Principal Meridian. being monumentcd at the west one -quarter corner by a recovered and accepted 3-114 inch aluminum cap in a range box stamped "Stantec. TIN. R66W, S30/S29; 2007, PLS 25942" and at the center 1/4 corner by a recovered and accepted I - I/4 inch axle, with the line considered to bear N89'32'31 "E, a distance of 2,650.72 feet. Commencing at the west Y4 corner of Section 29, Township I North, Range 66 West of the 6th Principal Meridian, thence N00°07'42"W a distance of 2,669.78 feet to the intersection of the north line of said County Road 6 and the easterly line of County Road 27 (width varies) and the Point Of Beginning; Thence N89°32'46"E along the north line of said County Road 6 a distance of 2,634.01 feet to the east line of said southwest one -quarter of Section 20; Thence S00°29'35"E along said east line a distance of 30.00 feet to the north V, corner of said Section 29; Thence S40°29'35" E along the east tine of said northwest one -quarter of Section 29 a distance of 30.00 feet to the south line of said County Road 6: Thence S89°32'46"W along said south line of County Road 6 a distance of 708.88 feet; Thence leaving said south line of County Road 6, N00'27' 14"W a distance of 30.00 feet; Thence S89°32'46"W along a line 30.00 feet south of and parallel to (as measured at right angles) said north line of County Road 6 a distance of 1,925.00 feet to the easterly line of said County Road 27; Thence N00°46' 15"W along said easterly line of County Road 27 a distance of 30.00 feet to the Point Of Beginning. Containing a calculated area of 100,284 Square Feet or 2.302 acres, more or less. Page 3 of 4 EXHIBIT B Page I of 1 5.7 tC; ,AAPt.J'ET C. X41 ✓,9[A sp. 14'7::3+.69020 G� K &94FNN1UtS U. r4R 1. 12.. 47130100:0! ARNHEW LL.". PARCCA 419. 147130100713 COPART INC. OG NP. 1O44fl 30000111 NUM WW 601.11146Ct PLY'EL As Ns N7117OOriC:I 1.0104 PACYA !MOAN COMPANY 1OO' WOE A.D.R. NP9' RIITN YI4. 50.3711064 '7 114 +47•1OO2tO21 ]134.4°' 1lNW1 1 11F• 506.2337E 30 OO17-, Nye I/4 X ▪ W▪ m RA4ROAO IEANORES P7 02 44. ' 1 M17129�.%::10 60 RAW :41K I L. TAOOIYu PARCEL 40. +17122200114 car £.•JSI0K or, .oC'TS :JNIG4 PACYI^. RAIIRAT CC4P44Y 4110' MCC 1.04'. P01NT a 4ENT NEST 1/4 CORNER '*COON 29/ IASI Y/4 CORNER RCCOI 3O 101401 3.1/4 INCH RUMMY. CAP NUM!, •£TAI7OC, TIN, 0460, 020/529, 2OO7. rl.5 230,2' IN A RAMC( 007 5W'32'41N A1C1F1 YF.?« , ..N-N00YY/CR 30.06' 1926.00 3000' Ur.' or 001.01104 1124 ACRE PARCEL PARCCL 110. 142129200117 COY OF 064117164 '12.9 ACK PARCEL NANC51. Np 117174200117 -IUAT 0. 91RES POROOI 0.. I4R29000064 O14O11 PA.QE21 RAJL'OAT IOWTA:T 4OO'WA 0.0.0. :X1O11 PROM 014.0010 COWAN', 411 ,710 NAM. PAOBC N4 14,1rN.S-NCO BASIS Of BEARINGS 110014 LINE OF 114( 3041AIEST 1/4 00071011 201 TOMSHIP 1111111. RANCE 06 A51 OF 1156.16 PIL 115723110 2.64072' Page 4 of 4 Hello