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Home My WebLink About20070933.tiff Town of Keenesburg Incorporated July, 1919 140 S. Main Street, P.O. Box 312 Keenesburg, CO 80643 303-732-4281 March 22, 2007 Clerk of the Weld County Bruce Barker, Esq. Aims Junior College Bd. of County Comm'rs Weld County Attorney P.O. Box 69 P.O. Box 758 915 10`h Street Greeley, CO 80632 Greeley, CO 80632 Greeley, CO 80632 Central Colorado Water Southeast Weld Fire School District RE-3J Conservancy District Protection District P.O. Box 269 3209 W. 28th Street P.O. Box 437 Keenesburg, CO 80643 Greeley, CO 80634 Keenesburg, CO 80643 Lost Creek Groundwater Southeast Weld Weld Library District Management District Conservation District 2227 23rd Avenue c/o Tom Sauter 57 W. Bromley Lane Greeley, CO 80631 5005 East 120`h Avenue Brighton, CO 80601 Bennett, CO 80102 Dear Sir or Madam: Enclosed please find notification of a proposed annexation to the Town of Keenesburg, Colorado, to be known as the Pott's Triangle Annexation. The public hearing on the proposed annexation is scheduled for Monday, April 16, 2007 at 7:00 p.m., as described in the enclosed Resolution Nos. 2007-02. Also enclosed is a copy of the Petition for Annexation as filed with the Town and the noticed published in the South Weld Sun on March 8, 15, 22 and 29, 2007. TOWN OF KEENESBURG, COLORADO Cheryl Jesser, Town Clerk �c(&? c I e1/1' ��,A ; Ii CY) 17)7J 2007-0933 RESOLUTION NO. 2007-6Z A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF KEENESBURG, COLORADO, KNOWN AS THE POTT'S TRIANGLE ANNEXATION TO THE TOWN OF KEENESBURG, AND SETTING A PUBLIC HEARING THEREON. WHEREAS,a petition for annexation of certain property to be known as the Pott's Triangle Annexation has been filed with the Town Clerk of the Town of Keenesburg,Colorado,and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under C.R.S. § 31-12-107(2). Section 3. No additional terms and conditions are to be imposed except any provided for in the petition. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §§ 31-12-104 and 31-12-105,and will hold a public hearing to determine the appropriate zoning of the subject property,if requested in the petition, at the Keenesburg Town Hall, 140 S. Main, Keenesburg, Colorado 80643, on Monday, April 16, 2007 at 7:00 P.M. Section 5.. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, 1 and whether the statutory requirements for the proposed annexation have been met, and further,will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado,the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Keenesburg, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and ADOPTED this 27th day of February, 2007. Mark D. Gray Mayor ATTEST: Town Clerk 2 EXHIBIT A LEGAL DESCRIPTION POTT'S TRIANGLE ANNEXATION PROPERTY DESCRIPTION: MAIN PART OF PROPERTY DESCRIPTION TAKEN FROM DEED RECORDED APRIL 28, 2003 AT RECEPTION NO. 3056348 A PART OF TRESSEL'S ADDITION,TO THE TOWN OF KEENESBURG, AND A PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH-SOUTH CENTERLINE OF SECTION 26 AND THE CENTERLINE OF THE C. B. & Q. RAILROAD; THENCE NORTH 00°00'00" EAST ON AN ASSUMED BEARING ALONG SAID NORTH-SOUTH CENTERLINE OF SECTION 26,A DISTANCE OF 218.34 FEET TO A POINT ON THE NORTH R.O.W. LINE OF U.S. HIGHWAY NO. 6; THENCE CONTINUING NORTH 00°00'00" EAST ALONG SAID NORTH-SOUTH CENTERLINE,A DISTANCE OF 210.00 FEET; THENCE NORTH 90° 00'00" EAST, A DISTANCE OF 100.42 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 24°02'08" EAST, A DISTANCE OF 152.08 FEET TO A POINT ON THE NORTH R.O.W. LINE OF U.S. HIGHWAY NO. 6; THENCE NORTH 66°20'58" EAST ALONG SAID NORTH R.O.W., A DISTANCE OF 346.24 FEET MORE OR LESS, TO A POINT WHICH IS NORTH 90°00'00" EAST OF THE TRUE POINT OF BEGINNING; THENCE SOUTH 90°00'00"WEST, A DISTANCE OF 379.10 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION LYING WITHIN TRESSEL'S ADDITION, COUNTY OF WELD, STATE OF COLORADO. 3 4 ANNEXATION PETITION TO THE MAYOR AND BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, COLORADO: The undersigned, in accordance with Title 31, Article 12 , Chapters 101 et . seq. , Colorado Revised Statutes, hereby petition the Board of Trustees of the Town of Keenesburg for annexation into the Town of Keenesburg the territory described herein and described and shown on the map designated " . Potts .lH anQak. Four (4) copies of said map are submitted herewith and by this reference are incorporated herein. The description of the territory hereby petitioned for annexation into the Town is set forth in Exhibit "A" attached hereto and incorporated herein by reference (Exhibit "A" must be an original printed proeprty description on 8 1/2 X 11 white paper) . In support of this petition, the petitioner (s) allege (s) that : 1 . It is desirable_and necessary that the above-described territory be annexed to the Town of Keenesburg. 2 . The requirements of Section 31-12-104 and 31-12-105 of the Colorado Revised Statutes exist or have been met in that : A. Not less than one-sixth 91/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Keenesburg. B . A community of interest exists between the territory proposed to be annexed and the Town of Keenesburg. C. The territory sought to be annexed is urban or will be urbanized in the near future . D. The territory sought to be annexed is integrated or is capable of being integrated with the Town of Keenesburg. 3 . In establishing the boundaries of the territory proposed to be annexed, no land 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, has/have been divided into separate parts or parcels of real estate without the written consent of the land owner or land owners thereof, except and unless where such tracts or parcels are already separated by a dedicated street, road, or other public way. 4 . In establishing the boundaries of the territory proposed to be annexed, no land 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 twenty (20) acres or more which, together with the buildings and improvements situated thereon have an assessed valuation in excess of $200, 000 for ad valorem tax purposes for the year next preceding the filing of the written petition for annexation, has/have been included within the territory proposed to be annexed without the written consent of the land owner or land owners . 5 . The territory proposed to be annexed dos not include any area which is the same or substantially the same area in which an election for an annexation to the Town of Keenesburg was held within the twelve months preceding the filing of this petition. 6 . The territory proposed to be annexed does not include any area included in another annexation proceeding involving a town other than the Town of Keenesburg. 7. The territory proposed to be annexed is not presently a part of any incorporated town, town and county, or town. 8 . The property owned by each petitioner is described on each separate signature sheet and, when needed, described more fully in the exhibits attached hereto and incorporated herein by reference . _ 9 . The signer (s) of this petition comprises (s) more than fifty percent (50%-) of the land owners and owning more than fifty percent (500) of the property, excluding public streets and alleys, and any land owned by the annexing municipality, and are, in fact, owners of one hundred percent (100°,) of the property set forth in Exhibit "A" attached hereto and incorporated herein by reference . Accompanying this petition are the original and four copies of an annexation plat map containing the following information: A. A written legal description of the boundaries of the area proposed to be annexed. - B. A map showing the boundary of the area proposed to be annexed. C. Within the annexation boundary map, an identification of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks . Also within the boundary map, identification of any special districts the area proposed to be annexed may be part of . D. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. E. A surveyor' s certificate prepared by a registered land surveyor that attests to the preparation of the map and certifies at least one-sixth (1/6) contiguity to the Town of Keenesburg. F. Acceptance block describing the acceptance action of Town r of Keenesburg and providing for the effective date and Town Clerk and Mayor attest signatures . 10 . Except as otherwise provided, no part of the territory sought to be annexed is more than three miles from a point on the municipal boundary, as such was established more than one year before this annexation will become effective . THEREFORE, the undersigned respectfully petition the Board of Trustees of the Town of Keenesburg to annex the territory described and refereed to in Exhibit "A" to the Town of Keenesburg in accordance with and pursuant to the statutes of the State of Colorado. Land Owner (s) Name (s) and Signature (s) Mailing Address Date 111: 19 roo / 5'466{b6 Lint fOO t�/,race. JZ-13-°G m}field ROW The foregoing� �signatureL� was/cyera subscribed and sworn to before me this I '1` ' day of Ij�„. , 20 D70 , by Witness my hand and official seal . My commission expires : Rkrs`COOMMISSION EXPIRES ON 02/07/07 r 9410 N. SHERIDAN BLVD. Notary P is WESTMINSTER,CO 80031 EXHIBIT A December 11, 2006 ANNEXATION PETITION To the Town of Keenesburg Fora vacant lot named for this petition: iitz POTTS' TRIANGLE LOCATION: In the Town of Keenesburg, Colorado. The triangular shaped 0.35 acre lot is located North of the BNSF railroad track and is described by the Weld County Treasurer as: Parcel# 130526100027 Property Tax Accotmt#R5081786. Western border: 210 feet East of Ash Street. Eastern tip: The West edge of the new section of North lM Avenue. Northern border. Development known as Lost Creek Commons • Southern border: Bounded by Highway 2(Weld County Road 398) LEGAL DESCRIPTION(from Property Tax Notice): ACCOUNT# R5081786 REAL ESTATE PROPERTY TAX NOTICE PARCEL# 130526100027 2004 TAXES DUE IN 2005 WELD COUNTY TREASURER TAX DISTRICT 2449 I6U23 P.O.BOX 458 yyAlt ��//��pplI 16023 Hr ITY TAX LEVY GREELEY,CO 80832-0458 ®B8P&�J%TEMP TF%CREDIT ca.a WELD COUNTY' 22.038 GENE-AL8AX V•LU'TIiN ACTU•L 0 WELD LIBRARY 2.081 88.21 LAND J+�` l-:3"t SCHOOL DIST RE3J 3.249 14.36 15,246 4,4201 CCW WATER "40� 176.98 0.703 WOW WATER 0.745 3.11 S.E.WELD FIRE 5.764 3.29 AIMS JUNIOR COL 6.328 25.48 TOTAL NET LEVY-a 76386 27.97 339.40 GRAND TOTAL 339.40 Citizens who are 65 as often '-January s,200heir and who have for f tO and occupied their homes fore their r roper residence Tax years may be eligible for the Senior Property Tax Exemption. Please contact the Assessors Office at(970) request an application. Individuals currently receiving the exemption do not need to reapply. SB 25-In absence of State Legislative Funding, your School General Fund mill levy would have been 71.329. ' LEGAL 'ESC-1•TI•N a F ,a•E-1 _. 8619 PT$W4NE426264 BEG AT INTSEC OF NS C/L OF SEC AND C/L OF CB&Q RR THENCE - Un.ai. ,: . rior year taxes; t �.'�•- N21834'TOA PT ON N RAY IN OF HWY#6CONT N210' THENCEE210'TO TRUE PT OF BEG a. CONT 11269.52'TO N R/W IN OF HWY#6 THENCE 566D20'W 29124'TO SE COR OF TRACT OF ContaceTreaavars Oie�immeCataty Ties wmEere LAND CONVEYED IN BK 1127 PG I I THENCE NI I4'TO BEG ppears abm PAYMENT DUE DATE AMgtl Y '.__ FIRST HALF FEB 28,2005 SECOND HALF JUN 15,2005 169.70 FULL PAYMENT 169.70 MAY 02,2005 PROPERTY LOCATION: 339.40 South Weld Sun March 8, 2007 `TOWN OF KEENESBURG COLORADO ' Section 2. •No election is required under NOTICE OF PUBLIC HEARINGS C.R.S.§31-12-107(2). Town Clerk • WENT Notice Is .hereby given that the Section 3. No additional terms and Planning and Zoning Commission of the Town • conditions are to be imposed except any pro- of Keenesburg will hold a Public Hearing corn- vided for In the petition. EXHIBIT A J that an mencing at 7:00 p.m.,Thursday,April 12,2007 - LEGAL DESCRIPTION the SIL- at the Keenesburg:Town Hall,140 South Main, Section 4. The Board of Trustees will hold a - POTTS TRIANGLE ANNEXATION :ICT NO. Keenesburg,Colorado 80643. The purpose of - public hearing for the purpose of determining if 'mended the Public Hearing is to consider a request for the proposed annexation complies.with C.R.S. • x of the . 'zoning of property proposed to be annexed to §§31-12-104'and 31-12-105, and will hold a PROPERTY DESCRIPTION:. resource the Town and known as the-Pott's Triangle public hearing to determine the appropriate ' h Street, Annexation,-The zoning requested is Highway zoning of the subject property,if requested in MAIN PART OF PROPERTY DESCRIPTION same Is Commercial District(CH). - the petition,at the Keenesburg Town Hall,140 TAKEN FROM DEED RECORDED APRIL 28, 'mended ' _ - S. Main, Keenesburg, Colorado 80643, on ' 2003 AT RECEPTION NO.3056348 ial meet- - Further Notice is hereby given.that Monday,April 16,2007 at 7:00 PM.' - - • ' )'Sind to the Board of Trustees of the Town of A PART OF TRESSEL'S ADDITION,'tTO'THE larch 13, Keenesburg will hold-a Public Hearing corn- Section 5. Any person may appear-at such TOWN OF KEENESBURG AND A PART OF manning at 7:00 pm.,Monday.April 16,2007 . hearing and prdsent evidence relative to the THE SOUTHWEST 1/4 OF THE NORTHEAST at the Keenesburg Town Hall,:140 South Main, proposed annexation,or the proposed zoning if 1/4 OF SECTION 26,TOWNSHIP 2 NORTH, tin Silver -Keenesburg,Colorado 80643. The purpose of requested in the petition. - RANGE 64 WEST OF THE 6TH PRINCIPAL y,inspect the Public Hearing is to determine whethercer- - MERIDIAN, DESCRIBED AS FOLLOWS: Ind file or fain property for which a petition for annexation Section 6. Upon completion of the hearing, BEGINNING AT THE INTERSECTION OF THE tar to the has been filed with the Town.to be known ea the Board of Trustees will set forth,by resolu- NORTH-SOUTH CENTERLINE OF SECTION et. the Potts Triangle Annexation to the Town of lion,its findings and conclusions with reference ' 26 AND THE CENTERLINE OF THE C.B.11 O. Keenesburg, meets the applicable_require- to the eligibility'of the proposed annexation, RAILROAD; THENCE NORTH 00°00'00' ARD OF ments of the statutes of the State of Colorado and whether the statutory requirements for the EAST ON AN ASSUMED BEARING ALONG and is eligible for annexation to the Town,and proposed annexation have bean met,and fur- SAID NORTH-SOUTH CENTERLINE OF 'OLITAN to determine the zoning,for the proposed ther,will determine the appropriate zoning of SECTION.26,A DISTANCE OF 218.34 FEET annexation. The zoning requested is.Highway the subject property if requested in the petition. TO A POINT ON THE NORTH R.O.W.LINE OF Commercial District(CH). , . - U.S. HIGHWAY NO.6; THENCE CONTINU- Section 7. If the Board of Trustees ING NORTH 00'00'00° EAST ALONG SAID ERVICES My person may appear at the Nolte concludes,:by resolution, that all statutory NORTH-SOUTH CENTERLINE,A DISTANCE Hearings and be heard regarding the matters requirements have been met and that the pro- OF 210.00 FEET;THENCE NORTH 90°00'00' under consideration.The approximate location posed annexation is proper under the laws of EAST,A DISTANCE OF 100.42 FEET TO THE March 8, of the property is norm of-Highway Z(WCR the State of Colorado,the Board of Trustees TRUE POINT OF BEGINNING; THENCE 398),east of Ash Street and west of North 1st may pass one or more ordinances annexing SOUTH 24°02'08"-EAST, A DISTANCE OF Avenue,located in the SW1/4 of the NE 1/4 of the subject property to the Town of 152.08 FEET TO A POINT ON THE NORTH Section 26,Township 2 North,Range 64 West Keenesburg,and will pass one ormore ordl- R.O.W. LINE OF U.S..HIGHWAY NO. 6; IDMENT' of the 6th R.M. The legal description of the 'names zoning the subject property If request- THENCE NORTH 66°20'58' EAST ALONG property that is the subject of the annexation ed in the petition. - SAID NORTH ROW, A DISTANCE OF and zoning request inset forth below in Exhibit - 346.24 FEET MORE OR LESS,TO A POINT fN that an A to Resdulion No.2007-02." INTRODUCED, READ, and ADOPTED this WHICH IS >the SIL- - - 27th day of February,2007. NORTH 90°00'00'EAST OF THE TRUE RIOT NO. Copies of the zoning, subdivision _ POINT OF BEGINNING;THENCE SOUTH emended ' and development applications,annexation pall-. - ' 90°00'00'WEST;A DISTANCE OF.379.10 ;e of the lion,and resolution finding that the annexation - FEET,MORE OR LESS,TO THE TRUE Resource petition is in substantial compliance with the POINT OF BEGINNING; th Street, applicable laws of the State of Colorado are on Mark D.Gray - - EXCEPT THAT PORTION LYING WITHIN It same Is file and available for public..inspection.in the mayor- TRESSEL'S ADDITION,COUNTY OF WELD, amended office of the Town Clerk; 140 South Main, - STATE OF COLORADO. cial meet-- Keenesburg. CO 80643, during regular busi- ATTEST: - liabidNo. ' ness hours. - ,ay,March Dated the 5th day of March,2007. • , : thin Silver TOWN OF KEENESBURG COLORADO ay inspect and filed( Cheryl Jesser COMING SOON rdor to the Town Clerk lie Published in the South Weld Sun on March 8, 1 JARD OF 15,,2 22,,and 29,9,2007 _ - _ , )POLITAN • RESOLUTION NO.2007-02- - - A RESOLUTION FINDING SUBSTANTIAL - COMPLIANCE FOR AN.ANNEXATIONPETI- March 7-Lunch Bunch IERVICES _, TION FILED WITH THE TOWN OF KEENES- ' BURG COLORADO, KNOWN AS THE -Loctlbule Town.Board POTTSTRIANGLE ANNEXATION TO THE ._. -Hudson Town Board 1 Mardi e, TOWN OF KEENESBURG AND SETTING A a PUBLIC HEARING THEREON. March 10 - S,E. Weld Young Farmers Casino Night, American' WHEREAS a petition for annexation of certain- " Legion5p.m. - property to be known as the Pott's Triangle March 12 Senator Salazar Hearing on Farm Bill 1 p.m.Adams Annexation has been Pled with the Town Cleric Co. Fairgrounds re me Town of and of Trustrg, Colorado, and - deadline for emergency loan applications to Farm e - of the too the f Kee.of Trustees of the Town for a determination of substantial compliance Service Agency .with applicable law;and- • March 14—Lunch Bunch American Legion Keenesburg " WHEREAS,the Bears of Trustees wishes to March 23 - Magic Spurs Soup Supper and Dance, Homestead 1 permit simultaneous consideration of the sub- ' t property the for annexation and and zoning,.if Grande . _ J„; April'8- "Tea and Crumpets" children's brunch and requested i • dd Easter'-Egg • WHEREAS, the Board of Trustees has Hunt at Fourway Baptist Church reviewed the petition and desires to adopt by Resolution Its findings in regard to the petition, 3" NOW,THEREFORE, BE IT RESOLVED KY THE BOARD OF-TRUSTEES OF THE TOWN- - OF KEENESBURG COLORADO:. - -. Section .- The petition the.legal description" - 'dz- for which is attached hereto as Exhibit A.and ' Incorporatedherein by reference,is in substan- Aut teal compliance with the applicable laws of the State of Colorado - ,3/is/o y • • Page 14 South Weld Sun .Cegal 1Yo• tices • CPAXLP reviewed the petition and desires'to adopt by EAST ON AN ASSUMED BEARING ALON Resolution Its findings in regard to the petition SAID NORTH-SOUTH CENTERLINE SECTION 2C A DISTANCE OF 218.34 Fl TOWN OF KEENESBURG,COLORADO NOW, THEREFORE, BE IT RESOLVED BY TO A POINT ON THE NORTH R.O.W.LINE NOTICE OF PUBIJC HEARINGS THE BOARD OF TRUSTEES OF THE TOWN ' U.S.HIGHWAY NO'6; THENCE CONTI / OF KEENESBURG,COLORADO: ING NORTH 00'00'00'EAST'ALONG S Notice is hereby given-that the, NORTH-SOUTH.CENTERLINE,A DISTAL Planning and Zoning Commission of the Town Section 1 The petition,the legal description ` OF 210.00 FEET;THENCE NORTH 90'00 of Keenesburg will hold a Public Hearing corn- for which is attached hereto as Exhibit A and- EAST;A DISTANCE OF 100.42 FEET TO I mending at 7:00 p.m.,Thursday,April 12.2007 incorporated herein by reference,Is in substan- . ..TRUE POINT OF BEGINNING; THE at the Keenesburg Town Hall,140 South Main, tial compliance with the applicable laws of the SOUTH 24'02'08' EAST, A DISTANCE Keenesburg;Colorado 80643. The purpose of'' State of Colorado. - '. 152.08 FEET TO A POINT ON THE NOF the Public Hearing is to consider a request for RA.W. LINE OF U.S. HIGHWAY NO zoning of property proposed to be annexed to Section 2. - No election Is required under THENCE NORTH 86'20'58' EAST ALC the Town and known as the Potts Triangle CRS§31-12-107(2) SAID NORTH ROM., A DISTANCE Annexation. The zoning requested is Highway 34524 FEET MORE OR LESS-,TO A PC Commercial District(CH) 'Section 3. No additional terms and WHICH IS ' ' ' conditions are to be imposed except any pro-. NORTH 90'00'00'EAST OF THE TRUE Further Notice is hereby given that _, vided for In the petition ' POINT OF BEGINNING;THENCE SOUTH the Board of Trustees of the Town of - 90'9000*WEST,A DISTANCE OF 379.10 Keenesburg will hold a Public Hearing corn- Section 4:. The Board of Trustees will hold a • .FEET,MORE OR LESS,TO THE TRUE meriting at 7:00 p.m.,Monday,April 16,2007 ' public hearing for the purpose of determining if -.POINT OF BEGINNING at the Keenesburg Town Hall,140 South Maid, 'the proposed annexation complies with CRS. `EXCEPT THAT PORTION LYING WITHIN Keenesburg,Colorado 80643.The purpose of §§31.12-104 and 31-12-105,and will hold a TRESSEL'S ADDITION,COUNTY OF WEI the Public Hearing Is to determine whether cer- public hearing to determine the appropriate • STATE OF COLORADO,Min property property for which a petition for annexation zoning of the subject property, if requested in • has been filed with the Town,to be known as the petition;at the Keenesburg Town Hall,140 the Poll's Triangle Annexation to the Town of - S. Main, Keenesburg, Colorado 80643, on r - Keenesburg, meets the applicable require- Monday,April 16,2007 at 700 p.M. Attn:Don Mackey Items in storage unit ments of the statutes of the State of Colorado at 120 N 1st Ave in:Keenesburg will be and is eligible for annexation to the Town,and Section 5 My person,may appear at such.: posed of or sold if storage bill is not paid it to determine the zoning for the proposed hearing and present evidence relative to the on 4/6/07 by I p. 505 Main St.Ft.Mol annexation, The zoning requested is Highway - proposed annexation,or the proposed zoning if ice of Keenesburg Storage Commercial District(CH), - requested in the petition - - • 'Published in the South Weld Sun March 1 Any person may appear at the Public Section 6. Upon completion of the hearing,`. 22.2007 -. Hearings and be heard regarding the matters the Board of Trustees will set forth,by resolu- under consideration. The approximate location - lion,its findings and conclusions with reference ' of the property is north of Highway 2(WCR to the.eligibility of the-proposed annexation. BEFORE THE COLORAI 398),east of Ash Streetand west of North 1st and whether the statutory requirements for the - Avenue,located in the SW1/4 of the NE 1/4 of proposed annexation have been met,and fur Section 26,Township 2 North,.Range 64 West they will determine the appropriate zoning of- LOST CREEK DESIGNATED GROUND V of the 6th P.M. The legal description of the the subject property if requested in the petition. MANAGEMENT property that is the.subject of the annexation and zoning request Is set forth below In Exhibit Section 7 - If the Board'.of Trustees ' A to Resolution No 2007-0Z concludes by resolution that all statutory TAKE NOTICE that purspant' requirements have been met and that the pro- Eppelshwmer(heremeRer'appliicants)hat Copies of the zoning'subdivision posed annexation Is proper under the laws of appropriation of designated ground waterR and development applications;annexation peti- the State of Colorado,the Board of Trustees lying two noncontiguous tracts totaling 503. , Ron,and resolution finding that the annexation ..may.pass one or more ordinances annexing, 23].2 acres consisting of the majority, petition is in substantial compliance with the the-subject property to the :Town of) Township 2 North and Area B-.265.9 acn applicable laws of the State of Colorado are on Keenesburg,and wit pass one or more ordi Township I North;all in Range 83 West of t file and available for public inspection in the 'lances zoning the subject-property if request- and control of the ground water ip the abo office of the Town Clerk;: 140 South.Main: - ed in the petition:' water eppmPnatlpns from these aquifers ar Keenesburg, CO 80643.during.regular busi `following beneficial uses:home;livestock ness hours. INTRODUCED;:READ and ADOPTED-this annual amount of sound water in each aqi 27th day of February,2007.. aced - Dated the 5th day of March,2007. - - In accordance with Section 37-I TOWN OF KEENESBURG,COLORADO CCR 410-1 the Colorado Ground Water C described aquifers based on ownership 01 Cheryl Jesser ,. • Math. 0 Gray Yvan A preliminary evaluation Of the a Town Clerk 'Mayor .- amount of water.available for appropriatic above-described property to be as follows Published in the South Weld Sun on March 8, ATTEST 4:0 acre-feat for the Axepahoe�,%ea 0.49. 15,22,and 29,2007 - for the Arapahoe,subject to final staff eve yndertylhg Area A represents a reduction in RESOLUTION NO.2002-02 • allow for the annual withdrawal of A an described land area. The estimated aver A RESOLUTION FINDING SUBSTANTIAL Town Clerk aquifer indicated above may be increased., ' COMPLIANCE FOR AN ANNEXATION PETI- >. el aquifer characteristics,based upon site- MON FILED WITH THE TOWN OF KEENE5.- BURG-'COLORADO, KNOWN AS THE EXHIBrT A In accordance with Rule 5:3,6'0 POTT'S TRIANGLE ANNEXATION TO THE LEGAL DESCRIPTION preliminary evaluation of the applications I TOWN OF.KEENESBURG,AND SETTING A POTT'S TRIANGLE ANNEXATION above aquifers underlying the above-des - -PUBLIC.HEARING THEREON. - - -Laramie-Fox Hills,and not-nontnbutary(ac WHEREAS,a petition for annexation el certain PROPERTY DESCRIPTION:.to be known as the Potts Triangle -walla to withdraw the allowed approprtagp Annexation has been bled with the Town Clerk : MAIN PART.OF PROPERTY DESCRIPTION cation,subject to the conditions of the date • of the Town of Keenesburg, Colorado, and,.r TAKEN FROM DEED RECORDED APRIL 28; to approval by the Commission.'Such well referred to the Board of Trustees of the Town -2003 AT RECEPTION NO,3056348 ed on the above-described 503.1-sae pm for a determination of substantial compliance from the Arapahoe aquifer would also be with applicable law,and - A PART OF TRESSEL'S ADDITION TO THE approved by the Commission, TOWN OF KEENESBURG AND A PART OF" WHEREAS the Board of Trustees wishes to THE SOUTHWEST 1/4 OF,THE NORTHEAST Any Person Wishing to object btl permit simultaneous considerate"of the sub„ 1/4 OF SECTION 26,TOWNSHIP 2 NORTH, do soinwntlng;.briefly stating the nature of fact properly for annexaton and zoning if RANGE 64 WEST OF THE 6TH PRINCIPAL arty description and the specific aquifers th requested in the petition,and MERIDIAN, DESCRIBED:AS' FOLLOWS: be accompanied by a$10 fee and must b ::BEGINNINGAT THE INTERSECTION OF THE Water Commission,818 Centennial Build'? WHEREAS, the Board of Trustees has NORTH-SOUTH CENTERLINE OF SECTION April 16,200E 26AND THE:CENTERLINE OF THE C:B,&Q. CPAXLP, RAILROAD;-THENCE NORTH 00'00'00" Published in the South Weld Sun March 8 South Weld Sun March 15, 2007 hegal Notices reviewed Resolution is fie ndings ngs tition md desires to regard to the petitiot n. SAID NORTH-SOUTT ON AN H BEARING ENTERLI ENG OF General Colorado Attorney SECTION 26,A DISTANCE OF 218,34 FEET - Files Lawsuit Against Feds INE OF ;DO THE BOARD OF TRUSTEES OF THE TOWN USA POINT AY THE 6; THENCEW. NTINU- on Illegal OF KEENESBURG COLORADO: ING HIGHWAY ORTH0 NO!6; THENCE O G SAU- gal Immigration at the, ING NORTH.00'00'00'. EAST ALONG SAID NORTH-SOUTH CENTERLINE,A DISTANCE Colorado Attorne General a Town Section J. The petition,the legal description OF 210.00 FEET;THENCE NORTH 90°00'00` y g tom- for which is attached hereto as Exhibit A and T EAST,A DISTANCE OF 100.42 FEET TO THE John W.Suthers has filed a lawsuit in TRUE 2,2007 incorporated herein by reference,is in suostan- TRUE-POINT OF BEGINNING; THENCE United.States District Court for the h.Main, tial compliance.with the applicable laws of the SOUTH 24'02'08' EAST, A DISTANCE OF pose of State of Colorado - 152,08 FEET TO A POINT ON THE NORTH District of Colorado as directed by oast for R.O.W. LINE OF U.S.- HIGHWAY NO. 6: axed to Section 2F No election is required under THENCE NORTH 66'20'58' EAST ALONG Referendum K, passed by Colorado fnangle. C.R.S.§31-12-107(2) - SAID NORTH R.O.W., A'DISTANCE OF voters last November. lighway. • 346.24 FEET MORE OR LESS,TO A POINT • Section 3. No additional terms'and WHICH IS The lawsuit asserts that the W conditions are to be imposed except any pro- NORTH.90°00'00'EAST OF THE TRUE _ federal.government has neglected its en that. -sided for in the petition, - POINT OF BEGINNING;THENCE SOUTH 0 rem of responsibility under Article IV,Section FEET'D0"WEST, LESS, E RUE :4,of the.United States Constitution to g corn- Section 4.. The Board of Trustees will hold a ' FEET,MORE OR LESS,TO THE TRUE 6,2007 public hearing for the purpose of determining if POINT OF BEGINNING; h Main,. the proposed annexation complies with C.R.S. EXCEPT THAT PORTION LYING WITHIN protect states from invasion by 5ecur- pose of §§31-12-104 and 31-12-105, and will hold a TRESSEL'S ADDITION,COUNTY OF WELD, ing the national borders. The suit herder- public heanhg to determine me appropriate STATE OF COLORADO. iezation zoning of the subjectproperty,if requested in alleges that in the aftermath of sown as the petition,at the Keenesburg Town Hat,140 September 11, 2001, the executive rown of S. Main,!Keenesburg, Colorado 80643, on - •equire Monday,April 16,2007 at 7:00 P.M. Attn:Don Mackey Items in.storage unit X62 and legislative branches of the feder- oloredo ' ( at 120 N 1st Ave in.Keenesburg will be dis- al government have acknowledged en,and Section 5 Any person;may appear at such Posed of or sold if storage bill is not paid in full oposed hearing and present evidence relative to the - on 4/6/07.by 1 p.m..at 505 Main St.Ft.Morgan that the ❑alIon is SUhieCt to terrorist Ilghsey -proposed annexation or the proposed zoning if: Office of Keenesburg Storage :. invasion, but have not taken ade- requested in the petition - -quote steps in response. "Published In the South Weld Sun March 15 8. a Public Section 6,- Upon completion of the hearing,` 32 2007 matters the Board of Trustees will set form,by resolu- r location- lion,its findings and conclusions with reference rt ' ? (WCR to the eligibility of the proposedannexation, BEFORE THE COLORADO GROUND WATER COMMISSION orth 1st and whether the statutory requirements for the' E 1/4 of proposed annexation have been met,and fur- 54 West maft wit determine the appropriate zoning of LOST CREEK DESIGNATED GROUND WATER BASIN AND LOST CREEK GROUND WATER r of the the subject property if requested in the petition. ° MANAGEMENT DISTRICT-WELD COUNTY - rezation , i Exhibit Section 7. If the Board of Trustees '• concludes, by resolution, that all statutory TAKE:NOTICE that pursuant to Secton 37-90-107(7), C.R.S., Wood & Barbara ' requirements have been met and that the pro- 'Eppelsheirner.(hereinafter"applicants)have applied for determinations of water rights to allow the 'division posed annexation is proper under the laws of "appropriation of designated ground water from the Laramie Fox Hills and Arapahoe aquifers under ion pet:- she Slate of Colorado, the Board of Trustees-- lying two noncontiguous tracts totaling 503.1 acres designated and generally described as:Area A ' lexation may pass one or more ordinances annexing::.-.237.2 acres consisting of the majority of the NEI/4 and E 1/2 of the NW1/4 of Section 34, with the ma'subject property to the Town -of Township 2 North and Area s-:265,9 acres consisting of the majority of the 51/2 of Section 14, o are on Keenesburg;and w18 pass one or more ordl- Township 1 North;all in Range 63 West of the 6th P.M.The applicants claim ownership of this land n in the `.nances'zoning the subject propel-1y tf request- and control of the ground water in the above-described aquifers underthis property, The ground h Main; ed in the petition water appropriations from these aquifers are'intended to be used on the described property for the ar bu51- following beneficial uses:home, livestock,and limited yard watering.The maximum allowable INTRODUCED. READ, and ADOPTED-this annual amount of ground water in each aquifer underlying the described property will be appropri- 27th day of February 2007 ated• • ' in accordance with Section 37-90-107(7) CRS.,,and:the Designated Basin Rules,2 DO - CCR 410-1,the Colorado Ground Water Commission shaft allocate ground water from the above- , '' described aquifers based an ownership of the overlying land and an aquifer life of one hundred Mark a Gray Years.-A preliminary evaluation of the applications by the Commission Staff finds the annual Mayor _ • . “ - . amount of water available far appropriation from each of the deathbed-aquifers underlying the above-described property 4o be as follows:Area A-41.7 acre-feet for the Laramie-Fox Hills and Aaron 8, ATTEST ._ 4M acre-feet for the Arapahoe;Area 8-49.9 acre-feet for the Laramie-Fox Hills and 15.8 acre-feet for the Arapahoe;subject to final staff evaluation..The amount for the Laramle-Fox Hills aquifer ' .underlying Area A represents a reduction in the Infial annual amount determined to be available to allow for the annual-witthdrawal-ofe smallcapeoty'well, Permit No 81322, located on the described land area. The estimated'available annual acre-feet appropriation amount for each ANTIAL Town Clerk aquifer Indicated above may be Increased deceased by the Commission to conform tome adu- N PM. , - al aquifer charectensttcs,based upon site-specific data, EENES• - S THE - EXHIBIT A.` in accordance with Rule 536 of the Designated Basin Rules,the Commission Staffs rD'THE ''LEGAL DESCRIPTION preliminary evaluation of the applications finds the replacement water requirement status for the RING-A POTT's TRIANGLE ANNEXATION - above aquifers underlying the above-described properly to be as follows: nontnbutary for the Laramie-Fox Hills,and not-nontnbutary(actual impact replacement)for the Arapahoe aquifer. of certain PROPERTY DESCRIPTION,' Upon Commission approval of these determinations of water rights,well permits for Triangle -wells to withdraw the allowed'appropriation from a specific aquifer shall be available upon appli- wn Clerk MAIN PART OF PROPERTY DESCRIPTION cation,subject to the conditions of the determination and the Designated Basin Rules and subject ido, and,.. TAKEN FROM DEED RECORDED APRIL 28, to approval by the Commission. Such wells must be completed in the specified aquifer and local- ad on the above-described 503.1-acre property.Well permits for wells to withdraw ground water he Town 2003 AT RECEPTION NO.3056348 mptiance - ..from the Arapahoe aquifen would also be subject to the conditions of a replacement plan to be A PART OF TRESSEL'S ADDITION,TO THE approved by the Commission. TOWN OF KEENESBURG,AND A PART OF : - nsheato.'..THE SOUTHWEST 1/4 OF THE NORTHEAST Any person wishing to.object to the approval of these determinations of water rights must the sub-_ 1/4 OF.SECTION 26,TOWNSHIP 2 NORTH, do so in writing;briefly stating the nature of the objection and indicating the above applicants,prop- -. aping, If RANGE'.64 WEST OF THE 6TH PRINCIPAL arty description and the specific aquifers that are the subject of the objection. The objection must MERIDIAN, DESCRIBED-AS. FOLLOWS: be accompanied by a$10 fee and must received by the Commission Staff,Colorado Ground BEGINNING AT INTERSECTION OF THE Water Commission,818 Centennial Building,1313 Sherman Street,Denver;Colorado 80203,by ies has NORTH-SOUTH CENTERLINE OF SECTION April 16,2007, 28A D THE THENCE' OF THE C;B.80. Published in the South Weld Sun March 8 815,2007. RAILROAD; THENCE NORTH 00°00'00' Hello