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HomeMy WebLinkAbout20000221 D O N J . H O F F • ' 10,25 9TH AVENUE, SUITE 309 GREELEY, COLORADO 80631 ATTORNEY AT LAW I TELEPHONE 970-356-6767 TELECOPIER 970-353-7504 II f'' 21 January 7, 2000 Board of County Commissioners Weld County 915 10th Street Greeley, CO 80631 RE : TOWN OF KERSEY/KERSEY KORNER ANNEXATION Enclosed please find the following regarding annexation of certain property to the Town of Kersey: 1 . Petitions for Annexation with attached property descriptions; 2 . Vicinity maps showing the proposed annexation and the proximity to the existing Town of Kersey; Location map showing existing Town of Kersey; 4 . Annexation Impact Report ; 5 . Resolution and Notice of Public Hearing which are being published in The Voice . As you can see from the Resolution, a hearing to adopt the Ordinance annexing the property is scheduled for February 8 , 2000 , at 7 : 00 p .m. Sincerely, Don -J. ' onJ. HI f Attorney for the Town of Kersey DJH:th Enclosures • CJ 1I' 2000-0221 PETITION FOR ANNEXATION The undersigned are the owners of 100% of the property proposed to be annexed, inclusive of streets and alleys,which property Is described in Exhibit"B", attached nex hereto and per made a described infExhibit"B" (The"Property'', in accordance with y petition the Town of Kersey for annexation of the property the provisions of Part 1 of Article 12 of Title 21, C.R.S. In support of this petition, petitioners state: 1. It is desirable and necessary that the property be annqexed to the Town of Kersey, so that the property be eligible to reFeive police serytc4s,water and sewer service and street maintenance from the Town of Kersey. ]] c 2. The applicable provisions of Sections 31-12-104 and 31-12-105, C.R.S. exist and have been met. (a.) The property proposed to be annexed meets the applicable provisions of Section 31-12-104, C.R.S. relative to 1/6 of the perimeter of the area proposed to be annexed is contiguous with the Town of Kersey boundaries and their exists a community of interest. (b.) The property proposed to be annexed meets the applicable provisions of Section 31-12-105, C.R.S. 3. The signers of the petition comprise the landowners of 100% of the territory included in the area proposed to be annexed, exclusive of the streets and alleys. 4. The undersigned owners attesting to the facts and agreeing to the conditions herein will negate the necessity of art annexation election. 5. Accompanying this petition are four copies of an annexation 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 map, a showing 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 tots and blocks; and Jan 06 00 03: 36p TOWN OF KERSEY ,- - (d.) A drawing of the contiguous boundary of the annexing municipality end the contiguous boundary of any other municipality abutting the area proposed to be annexed. W herefore, the undersigned petitioners request that the Town of Kersey approve the annexation of the property. Property Owner. P & H JOINT VENTURE, A OLORADO GENERAL PARTNERSHIP rtner 1/{J Partner Address: 754 /≤o r y em-e Date: — AFFIDAVIT OF CIRCULATION The undersigned being first duly sworn states that each signature therein is the signature of the person whose name it purports to b ✓f STATE OF COLORADO } ss. COUNTY OF L• WITNESS my hand and official seal. My commission expire^4 . @ P:). 1 i f SHARON L � �,/'��` BARBER ;oo Notary Public Jan 06 00 03:36p TOWN OF KERSEY [9707353-2197 p. 7 ABSOLUTE SURVEYING, INC. Professional Land Surveyors 2881 N. Monroe u1te 3, I.Fax(9d,CO 80538 70)2 Phone: (970)203-1552 203-1443 Kersey Korner 2nd Annexation Description A parcel of land situate in the Northwest Quarter,the Northeast e64 st Quarter est rtofr and the the 6th Principal Southeast Quarter of Section 22,Townsip 5 North,Range Meridian, County of Weld, State of Colorado being more particularly described as follows: Considering the West line of the Northwest Quarter of said Section 22 as bearing North 00°31'03"West and with all bearings contained herein relative thereto: Commencing at the West Quarter corner of said Section 22; THENCE North 89°47'22" East, along the South line of said Section 22,2456,16 t to the North oint; THENCE leaving Way Gee said South line North oD 00 00"East,27.77 feet to a point BEGINNING, THENCE of the Union Pacific Railroad, said point being the POINTO,F F of U.S. Highway North 00°00'00" East, 711.12 feet;to the Southerly Right-of-Way line allo.nd 34; THENCE 073 34 feet along the arrly c of a curve to the right hose followinge rad'ushree 3 scourses a7d distances: 1) e chord 2764.79 feet,whose central angle is 22°14'30" and wh 245 63f et;3) South bears South 68°37'15"East, 1066.61 feet; 2) South 55°48'16"East, 54°59'57"East, 481.09 feet to the North Right-of-Way lino of the Union Pacific Railroad; THENCE along said North line the following three (3) courses and distances; 1) 84°55'34"West, 750.08 feet;2) South 89°47.22"West,541.91 feet;.3)North 84°55'45"West, 302.60 feet,to the POINT OF BEGINNING. The above described parcel containes 15.659 Acres, more or less. I,Mark F. Corbridge,hereby state that the above-described boundary is a miniumum ofl/6 contiguous with the present Town boundary. vanum uau, o Mark F. Corbridge3-O 2r 19 ;o Colorado PLS 2561?* ••j viii AC LANiiiimmaaDSd\ • Accurate • Precise • Complete KERSEY KORNER FIRST ANNEXATION TO THE TOWN OF KERSEY SITUATE IN THE NORTHWEST QUARTER OF SECTION 22 AND THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. S NORTHWEST CORNER 1 SECTOR 22 ENO.2 1 I/O"ALUM.CAP Ls.96U,PER RECORD TIES I OWNERS APPROVAL I ' I Known land,b all n by th.prnen's Mal Rod E.Knox,bMn9 the sole ownr(a)and pF^GHMor(.)of M lW Me fo.wing dinard V ry K' A pw Wu.eel of land Wu. Me Northwest Wts ..2 ar of Section 22 and Me No of Section 21,TOwnslp 5 N 1 North.Ran.64 2/20of Me SP Prlmlpol 1Nrblan,County of RepSlab of Colorado being more paMeularly d.or16. IConsidering Me W.1 linoof IM Nor..Quarter of wild Soot.22 w Dearing Nor h 00.31'03"W.1 and with all y bwd,gs contain.hr.fol..Menlo: h O , Caamnohg of its W.Quartet owner of sold S.W.22: THENCE North 09.31'03^W.I.124.69 fM along sal WM 190 b a pc.on the North RIOT—of—Way N.of IM Lin.Pa05 1 Ro@ood,101 point Ming IM PONT OF \ '11 II, AWN.. THENCE NOICE mid WeR Re Sad.69.11.32.20,30.00 its to a pelts an 1M E1 .5 of Kohler We 2 AWN..Panel 1;THENCE North 80.31'03'WM,clang the E.One of aWd K..AddNbn 1190.62 IM to 1M ANNEXATION DATA TABLE South.P eo nr of Pic.Vats Schools A.N. THENCE North 13.53•14...1 Pang 1M Easterly Nn of wild PROP Valley Sohoeb Add1bn 410.33 t. wlr THENCE Nay.Nay.said Ea.rty IlII.SaSo.72•f 7.46^E 131.4]1.1 to Mocornercorner0' I S 72.17'48'73 North.0 en 91 Lot"A"of Recorded Explion I. 'THENCE South 00.31231.03"..1 elorg Me WM \ 131.47' CONTIGUITY TO TOWN LIMITS: 1600.95 UNEAR FEET gm el sold Recorded Pompton 525.66 its b NW No.*ewml of Lot"W of sold Recorded Exrllp.L THENCE South er+11.11,2191,00.03 Ie. THENCE SwN 00.31'62£.1.30.00 f..h, THENCE South 9M-*f-"East.906.18 IM TOTAL ALLOWABLE IMITS: BOUNDARY: 9605.70 LINEAR FEET I.Me Sadh.rly RgDl-of-Way Nor el V.s_Hghwy No.s4: THENCE abnp ml lo.01y NpM-of-Way nne Me Y 2 ANNEXATION BOUNDARY PROPOSED 8023.14 UNEAR FEET felleMnp.gm(e)eeurse art aebnes 1)266.69 fM elo^a Me aro of a sum Iw IM I.H whoa 73500.b 2964.19 YAl•j1 OAr IM.Maw osnhal mgb b 05.32'39^and wnow chard Own buts 69.09.45"East.236.16 I.eY.2)5)S PU ADDIf/ F \ _ 54.30'24TaN,9 15R its;3)Sws.M 63.?,... M,231.6)1.1:4)Spurt 7-7;g40'£ost.261.40 fM:5)buts SCOWLS . N SCALE I"=200' 64•59.50'£asl,150.061.1;6)EICE 1.0*91.204 S• 62*Iy 1M;2. 0O'56.11'12•£ee.72 12 IwF,.. *001 6I.OI.I—W0y 153.34,M: T1IEMCE l 5,16 Md S069CC gm Scum 0910.9 410001)11.72 teW b Me.0$ *o TRC*02f—Quay Ilse ei lIN Unbn P«ilk RaNa.; THENCE along avld Nert.1.1$00..34'55'43'Y'.1.002.05 IoM; o�^• - THENCE Peng ml No.Rm 1165.15 IM along Me pro o1 o wm b the PH whose n..Is 11.5..19 fe1,who. en+ml antis is 05.54.00'•and whew chord boars North 3751.23.221.1164.63 24 THENCE along 70 North Ile ~y.• E. Or.- •.„ South t19.11.3YMm1,673.64 to to Me POINT OF 10010 G.TM abon dascrle.parcel eenlalms 46.104 Awns.men ps IR N or lee end Mn owned Ps above dewinth.per.b be anmxed undr the come of I.KERSEY KORNER FIRST \ 4=03°92'99'• PRIMP.b Me Town of Kw.. I'' s 8r76'18'73 \ 5=2964.79' 0 80.05' \ L=288.89' S 00°97.09'73 \ LC=S 89.09'45"s \ 296.7a•90.00' LANDOWNERS: ' S Brl6'IB S 908.19' \\ S 64'90'24"S L� 9.82' US sulG R.E.Knox n "6.Fa"N� sea �►AY.ds4 w 20)Zla.$ S 712''0"8 N 58•il'72"S STATE OF C01DRA00) 9 54°59'50"% )55 e 1 175.06• S 87.01'06'73 x•48' COUNTY OF WE30) O$I S 87°14'19.6 155.94' �NX 917.40• The larweig Instrument was awkow.g.Mforo coo PR_4.of 1.9,by R.E.Knox. Toll 6y P F .VON `` PP.my M.and official seal. p F gOR1�R f `\\ Notary Public gSEY0 / _` \\ TOWN APPROVAL: I uo0y -I Co PR 4 la certify Mat Me Anne...Plat ei Me KERSEY KORNER FIRST ANNEXATION b Me Town et Kw.wa1 0221 . 1 P0100 Ol BEGINNING 1$ en Ms day of 1999,arts Mal Me Mayor of Me Town of Kerny an D.hMI of Me Town 01 P Kemp For.acenewled,o sob Annexation upon which Mb wrROcala is endorsed for all pairpos.s 1.1.31.Hereon. S BD°II'92'7I 879.84' \\ S 89.11'92'9f I N 85.55.45'y 60zy6•—a--— \ Payer 90.00' WEST 1/4 GOOIER eOr" 6=05°54'00" UNION ———. , SECTION 22 R=11509.19'PIO PACIFIC n,.♦ Town ae"' S.962 PERWRECO D TIES L=7155.15 RAILROAD LC=N 8731'PB'A WELD COUNTY ROAD#54 1/2 1184.63' SURVEYORS CERTIFICATE: I.162,F.Co....6 doh 0.91.r.4 Land Surveyor in the Sole of Colorado,do hereby repnle^l Met IM oboe,.map haN wind correctly...Is M.multi of a sun.p Perf^mi.by P.w 2.......". ABSOLUTE 500001NG NC. 4114 F.Co,bidge, CO LS.25619 BASIS OF BEARINGS STATEMENT /� BEARINGS ARE BASED ON A LINE ERO4 THE WEST QUARTER CORNER.AND ( �--'ABSOLUTE SURVEYING,INCORPORATED THE NNtIN.EST CORNER OF SECTION 22,TOWNS.5 NORTH,RANGE 64 Professional Land Surveyors Phone(970)203-1552 WEST OF INC Vii P.Y.AS 0(40106N 90•]1'01'.1',as shown on PE 2681 North Monroe Avenue,Loveland,Colorado 80538 Pro(ecy:KERSEY KORNER FIRST ANNEXATION `\/ Client: ROD K+IOX Mw m Drown By:355 IApww..By:NEC I R.1316,222 yam r,.a,Kw ew a sw weMstM,inners Mean Prot.No.99-1352 Del.: 12-02-99 Scale,1"=200' 75h.Na.I of I KERSEY KORNER SECOND ANNEXATION TO THE TOWN OF KERSEY SITUATE IN THE NORTHWEST QUARTER, NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. S NORTHWEST CORNER I SECTION 22 D.2 1/2"ALUM.GAP I L5.96H,PER RECORD TICS •1 OWNERS APPROVAL U N I 0,0 o wind n by M.pre..Mal Rod E.Knox.ONp Ma cab e.rwr(9)and prop4Ia(.)of M.fae.M9 4.946. e N I barter el A pan of land.11990. .col In M.Nor Quarter.11m.Nor..Nor.. arter and M.Soulfward Ouari Se.on of 9bn 22. I I Town.S Nor.,Rang.64 We.of 1M 6M P.nolpal N.Idlan,Count of Waid,Slat.91 Colon9do beIn9 men paMaetariy dabbed ao fallow.: Z I , I Con.ld.rin9 MB Web On of Ito N.M.Ouari.r of said S.aen 22 a.bearing North 00.31.03"W.ale with all (, in Ifili baarbb contained herein rNalM Nwele: \\ b P , Commencing at the Wet Quarter von«of wild S.aerr 22: THENCE Molt 69.41'.°Eo94,aNng Me Sound Mx of MW...on 22,2436.16 I.1 a paint;THENCE bar.said S.M R9 North 00.0'00'Eeet.27.77 1M to a pai9 on ind NarM H9ht-of-Way line of tn...Padto Raba.wile paMl b.og iti POINT OF.....,....O; RHENCE N.M OJ Q I 00.0.00"bd.711.12 Ile:b Me So..RI ON-of R.el U.S..0.2 No.31; T...Wong wile...2 ANNEXATION DATA TABLE RI9M-et-Way Op M.laboring M.(3)eau'...and di.na.:1)1973.34 1.11 along M.all slob.to Me right 1 whop robes o 2764.79 feet whop 9.90 angle o 9.11130•and who.chord bean bulb 68•37'15'Eaet,1096.61 \ I S 72.17.481E le.0,1*2)So.55.46'15nEmt,245.63 fwl;3)SauM S4.9.57 Ea94,461.09 feet b tM North RWN-1i-W.1, el Ito 191.47' CONTIGUITY TO TOWN LIMITS: 711.72 LINEAR FEET Union Pl"B.Railroad: THENCE abn9.ale'2 rfb be Me following M.(3)aeon'lO and b94pn.;I)North TOTAL ALLOWABLE ANNEXATION BOUNDARY: 4270.32 UNEAR FEET 84.55.3 Mbel,750.09 feet 2)South 69.7.22..,341.91 feet 3)North 84.55.4.4.,30260 feet to M.POINT Of y 2 OO 400 ANNEXATION BOUNDARY PROPOSED 4106.37 LINEAR FEET BEGINNING.The above deeoro.d para.eon...15.659 Wes.more a less,and haw ca9.,lb abbe OwArlb.2 Pur/'x Ap gotl. \ - I parcel to M ..on .under Me roma of.KERS.KORNER SECOND ANNEXATION W to Town of Kw.. SCII0'5 e N\ SCALE l"_=200' 0 j\ LANDOWNERS: t.c Rg \ 5=05°32'39" Rod E.pox r' ,87,16,18„,,, 87°16'18'E \ 12=2984.79' c 80.05' \ X280.89' S 00°31'03"R \\ �S 69°09.45 E SPATE OF COLORADO) )SS 90.00' \ COUNTY OF WELD)S 87.18'18'E 908.19' \ S 54.90'24"R TM Iar.90ing instrument was acknowledged blare me MI._day of 1999,by Rod E.KnowI 9.82' US,ylG RIM .my hand and of fhb seal.lfirAy10 I O I 2040.0.:,, 8'8,5 9 11 S 287.40'S 84'59'50"K N 58°11'12"R NNary Public % 175.06' 86.48' S B1`1F'f6'• 981.01.051E 1M commission.90100 155.34' 5=22°1.90" 317.40' R=2764.79' ADplflpN 9(F I 1.=1073.34' x011 mach 1 i.Jg LC=S 68'97115'10 TOWN APPROVAL: 4, 1086.61' u7 O 0 nR3'4 ' mi.Is b.40y*al Noe A 09,911an PHI of Me KERSEY KORNER SECOND ANNEXATI09 to Me Town of Ker..y was Q C y;0FK6 approved on IM_day of 1999,end MN the Mayer of Me 10.,,o1 K.r9.y m b.0a0 of M. U 2 I A8S1 Town of K.nee11.Mr9Fy aakro.l.d0as.old M...upon 9hleb Mb 990111091e b one*for WI pmpa..In41aet.4 I LOT All.• RNA Nr..am. �/ / Q, _650 0708 S 55.48'IB'E lea CC R6^" SEXA 245.63' .1,0, e0. S);C° 40 •1 011..h i g: ,6.e+ I Contiguous 2\ AP Town 01.00 I IS • S 89.11.32.90 703.84' Boundary�, -� „ I N 84.55'45.9/802 — _ 8 SURVEYORS CERTIFICATE: - - D-:_ -- -———— N se•p•I2T 2456.16• S 66.47'22'91 541.91' N B4•Q5' i WEST I/O CORNER ]prix tK a M xgnx 1-447-0,-sic-tai—T3 a IIaal n p=05°54'00" N 00.00.00.5 N B4.55.45'A 34'T 750.08' I.lb.F.090010499.a duty 9.9194.90 Land Surber In NH SIS.ei Colorado.de hereby mom.I..above map SECTION 22 R=11509.19' 27.77' and aar.cly represents M.mount of a.urvq peel...4 by m.or end.my 819,Non. LS. 2 1/2"AEUN.CAP L=1185,15' 90P•Q6' UNION PACIFIC IIgIyR LS.9944.PER RECORD TIES LC=N 87.61'28'91 OAD ABSOLUTE SURVEYING WC. WELD COUNTY ROAD#54 1/2 1184.83' N.F.Cable9.. CO L5.25619 BASIS OF BEARINGS STATEMENT /� BEARINGS ARE BASED ON A UNE FROM THE WEST WARTER CORNER.AND /�J\ ABSOLUTE SURVEYING,INCORPORATED THE NORTHWEST CORNER OF SECTION 22 TOWNSHIP 5 NORTH.RANGE 64 Y�F"\ Professional Land Surveyors Phoo9(970)203-1552 WEST W THE(111 P.Y.AS BFAPoN6 N 00.31.09'••.as shown on RE 2351 North Monroe Avenue,Loveland,Colorado 80538 P0/9al:KERSEY KORNER SECOND ANNE%AT10N l N bril9:an. Co*..AA mew ob..any NO Client: ROD KNOX *Am basal con.rr ww b.e our,'M.w war. an.yam row•....••amok*el.Wa.w.m.soy.Mm ....an.m.Nwt,.....m 0..aa..a.ma.M con Br Ass wan.Iran M awn 0 M eMl*own Maw. Drawn .3511___.IA... :NEC RaNsimu: 1 Gravel P '' 4684. A ... +` • M M N. )FISTING KERSEY N ' • • ` -.fir, y �• / 4676 • jiazieN)i ) (7-1/rP. (.4,1514:446°° --- - --- - -} 4606 I � . ! � — - -Location Map RECORDED EXEMPTION P 8 H JOINT VENTURE 1508 - 4th AVENUE GREELEY, CO. 1cRAE & SHORT, INC. 1231 - 8th. Avenue Greeley, Colorado 80631 Project No. 99037-B IMPACT REPORT OF THE KERSEY KORNER ANNEXATIONS The proposed annexation is known as the Kersey Korner First and Second Annexations to the Town of Kersey and involves the annexation of approximately 63 acres of property (including right- of-way annexed) as described in the property descriptions attached hereto. The following information is provided with this report : A. Two annexation maps of the property proposed to be annexed. B . No map showing proposed streets, lots and blocks was supplied by the owner. C. No map showing proposed water mains, sewer mains and utility easements was supplied by the owners . D. Water service will be connected to the existing water and sewer lines of the Town of Kersey. E . Sanitary sewer services will be provided by the Town of Kersey. F. The owners have requested a variety of zoning, including Single Family Residence, Multi-Family Residence and Light Industrial . G. All municipal services currently provided to residents of the Town of Kersey will be provided to the territory proposed to be annexed. H. No draft of a pre-annexation agreement is available at the time of this report . I . Water and sanitary sewer extensions, streets and all other infrastructure improvements will be built by the owner or developer and no financing of such infrastructure improvements by the Town of Kersey is anticipated. J. The districts which exercise control over the property to be annexed include : 1 . Aims Community College 2 . Platte Valley Fire Protection District 3 . Weld County School District RE-7 4 . Weld Library District 5 . North Colorado Water Conservancy District 6 . Central Colorado Water Conservancy District (Central Colorado Sub-District) 7 . Central Weld County Water District 8 . West Greeley Soil Conservation District K. A statement from the Platte Valley School District RE-7 is enclosed. DATE : January 6 , 2000 TOWN OF KERSEY Matte 9)alley z drools WELD COUNTY DISTRICT RE-7 P.O. BOX 485 - KERSEY, COLORADO 80644 - 970/336-8500- FAX 970/336-85 I I E.GLENN MCCLAIN,SUPERINTENDENT January 5, 2000 Board of Trustees Town of Kersey P.O. Box 67 Kersey, Colorado 80644 Re: Impact statement for the Kersey Korner Annexation Basic Information Mr. and Mrs.. Rod Knox have asked me to provide an impact statement for the proposed Kersey Korner annexation. The developers have shared that they are proposing a maximum number of 50 single-family dwellings and an undetermined amount of multi- family dwellings. The developer projects that about 20-25 homes would be built each year for a 2-year projected build out for the single family homes. The multi-family dwellings have not been planned so it is not possible to make projections for this part of the development. The developers showed us, and are going to provide us a copy, of the preliminary layout of the development. Impact Statement 1. How will :he development impact the district? Obviously, a development of single family homes would have children moving into the area and increase enrollment. Mr. Knox does not believe that the multi family dwellings will produce many new students, however, that has not been the experience of other Weld County School District nor for our district in our limited experience with multifamily dwellings. 2. What would the estimated increase in the number of students be from the development? The formula we are currently using is .7 students per household. So according to that formula the Kersey Korner would generate 35 new students from the single family dwellings and an undetermined amount of students from the multi family dwellings. The addition of new students affects three areas; staffing,facilities, and transportation. Or/17a &kcalio✓l. . . (Aide/ aieer 44/i;i; Impact Statement for Kersey Korner Annexation, page 2 We currently have about 100-student expansion capacity in the elementary, 200-student expansion capacity in the middle school and 150-student expansion capacity in the new high school. At this point in time we could accommodate the increased number of students from the Kersey Korner development with a two-year build out. However, I must qualify that statement because it is only based on the Kersey Korner property and not other developments and annexations currently being considered by the Town of Kersey. Our ability to accommodate students from the Kersey Korner property is dependent upon the other developments projections of students and their projected build out, which we have not received. Staffing (certified and classified)— The district currently has a practice of not exceeding 20 students in K-3, and 25 students in grades 4-8, and based on administrative discretion for grades 9-12. Average class size falls within those limits at the current time. Additional teachers increase costs at an average of$35,000 per full-time teaching position. 3. What are the capital construction requirements?Attached you will find a copy of a resolution that it currently being considered by the Town of Kersey and the Platte Valley School District, Weld Re-7. This proposal, utilizing current state law, provides for six (6) acres for every 1,000 new residents or the alternative is cash-in-lieu which would be $750 per single family residence. For other alternatives, please refer to the attached proposal. This would provide for the land needs for school sites. Capital Construction would also include the need for additional school buildings or additions to existing buildings. Having recently completed both new construction and remodeling of current facilities, the costs for this are $100 per square foot with about 6% inflation per year. The square footage per student is as follows: Elementary 150 sq.ft per student Middle School 175 sq.ft. per student High School 245 sq.ft. per student 190 sq.ft. average per student This would result in a range of capital costs of$15,000 - $24,500 per student for building construction. Of course this building construction would only be necessary once we reach capacity in a particular building or districtwide. 4. Pupil Transportation Issues. We discussed possible scenarios for bus transportation stops, but Mr. Knox said he would work with district personnel to establish the best places for stops and provide for the stops at those locations with shelters for the students. Depending on upcoming policies of the board of education, the addition of subdivision could increase the number of students needing to be transported to and from school. As subdivisions are added to the Town of Kersey, especially those beyond the areas we Impact Statement for Kersey Korner Annexation, page 3 currently transport, it impacts our transportation department in that increased population increases the ridership on our busses. Increased ridership increases the number of students on busses and the length of routes. School transportation is a costly endeavor due to the necessary safety precautions and federal/state vehicle requirements. If 67% of the students from this subdivision ride school busses the increase in riders will be 23 students which would result in an increase of.5 routes. School busses currently cost about$60,000 and operational costs per year are about $18,000-$20,000 per year. Beyond the initial costs, there are pick-up and drop-off considerations for the safety and welfare of students. The developers have assured me that they will work with our transportation personnel to provide for the necessary provision for safe student transportation in their development. Which will include but is not limited to, streets with adequate weight limits, streets of adequate width, shelters for'designated bus stops, pullouts for bus stops on busy roads. I hope this information is useful for the purposes of planning for the Kersey Korner Annexation. Please feel free to contact me with further questions. Sincerely, E. Glenn McClain Jr. Cc: Rod Knox Board of Education, Platte Valley School District, Weld Re-7 RESOLUTION WHEREAS, new residential development in the Town of Kersey will result in a significant number of new students attending the schools of the Weld County School District Re-7; and WHEREAS, Colorado law permits the Town to require developers to convey land for future school sites or to contribute money in lieu of such land in order to offset the impact to the School District of such new development; NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Kersey that: 1. The Town shall refer to the School District all residential land development applications for review and comment concerning the adequacy of public school sites and facilities. The Town will consider the School District's comments in conjunction with the review and processing of each individual residential development application and will require land dedication for public school sites or payments in lieu of land dedication for public school sites as a condition for approval of the development. 2. Land shall be dedicated to the School District in an amount equal to (a) ten percent (10%) of the total size of the approved development, or (b) calculated at the rate of six (6) acres for every 1,000 new residents reasonably projected by the Town for the development. Such dedicated land shall have required improvements, ie. curb, gutter, sidewalk, paved streets and underground utilities similar to that required by the Town of Kersey for the remainder of the development In the event the dedication of land is not deemed feasible or in the best interest of the School District as determined by the Superintendent or designee, the School District may require a payment in lieu of land dedication or conveyance to the School District. The cash payment shall be calculated equal to (c) the fair market value of the parcel of land which the developer would otherwise be required to dedicate pursuant to the foregoing formula, such sum taking into account the value added by approved subdivision plan and improvements proposed thereunder or (d) three percent (3%) of the value of each lot in the development or ( (e) $750 for each new single family residence, $585 for each unit in a duplex or triplex, and $420 for each unit in a multi-family development. The foregoing formula shall not preclude the School District and any developer from mutually agreeing to resolve the dedication or cash payment in a manner other than stated above. 3. In the event the Town and School District agree that land should be dedicated to the School District, the Town agrees before recording the final plat to require proof that the developer has conveyed title to the School District by general warranty deed, free and clear of all liens, encumbrances, and exceptions (except those approved in writing by the School District), including, without limitation real property taxes, which shall be prorated to the date of conveyance or dedication. The developer shall also provide a title insurance commitment and policy in an amount equal to the fair market value of the dedicated property. 4. In the event the Town and School District agree that a cash payment should be made to the School District, the Town shall require the developer to submit a check payable to Weld County School District Re-7 for an amount equal to the designated sum. The check shall be tendered prior to recording of the final plat if paid in a lump sum or prior to the issuance of a building permit if cash payment is to be made by individual lot(s) developed. The Town shall promptly notify the School District that it is in receipt of such payment or payments. The School District shall spend such funds only for purposes as permitted by law. 5. Because the following are not considered to have an adverse effect on the School District's ability to provide adequate educational opportunities, they shall be exempted from land dedication requirements or in lieu payment requirements: (a) alteration or expansion or replacement of a residential dwelling unit not exceeding an increase of 1000 square feet of the existing dwelling, (b) assisted living facilities for the elderly and (c) nursing care facilities for the elderly. 6. The School District agrees to defend any legal action that be brought against the Town and challenging the collection of payments under or enforcement of this agreement and, to the extent permitted by law, to indemnify and hold the Town harmless from any final monetary judgment entered in any such action. The obligations of the School district hereunder shall be conditioned upon (a) prompt notification to the School District of any threatened claim, (b) full cooperation by the Town with the School District and its legal counsel in its defense of the claim, and (c) the Town not compromising, settling, negotiating, or otherwise similarly dealing with the claim without the express consent of the School District. By agreeing to this provision, neither party waives or intends to waive the limitations on liability which are provided to them and their employees, officers, agents, and representatives under the Colorado Governmental Immunity Act, sections 22-10-101 et seq , as amended. Nothing contained herein shall constitute any waiver by the Town or the School District of provisions of the Colorado Government Immunity Act or any other applicable immunity defense. 7. The term of this Agreement shall commence on the date of adoption by both entities and continue for a period of one year thereafter unless the Town repeals the implementing ordinance adopted by the Town concurrent with this Agreement, following as least 90 days prior notice to the School district. This Agreement shall automatically renew for an additional one-year period unless one party notifies the other of intent to non-renew at least 90 days prior to expiration. IN WITNESS WHEREOF, the parties hereto have executed this Agreement which shall be in full force forward from the day and year adopted by both entities. TOWN OF KERSEY By: _ Date: Mayor ATTEST: By: _ Date: Approved as to form: By: _ Date: Town Attorney WELD COUNTY SCHOOL DISTRICT RE-7 By: Date: Board President ATTEST: By: Date: Secretary Approved as to form By: Date: School District Attorney RESOLUTION NO. A RESOLUTION FINDING THAT THE PETITION FOR ANNEXATION OF CERTAIN PROPERTY OWNED BY P & H JOINT VENTURE AND ROD E. KNOX, KNOWN AS THE KERSEY KORNER FIRST AND SECOND ANNEXATIONS TO THE TOWN OF KERSEY IS IN SUBSTANTIAL COMPLIANCE WITH THE REQUIREMENTS OF C.R. S . 31-12-107 (1) AND SETTING A DATE FOR HEARING BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF KERSEY, COLORADO TO CONSIDER THE PROPOSED ANNEXATIONS WHEREAS, the owners of 100% of the property known as the Kersey Korner First and Second Annexations have filed Petitions for Annexation of the hereinafter described property to the Town of Kersey, and; WHEREAS, the Board of Trustees has determined that the Petitions are in substantial compliance with C.R. S . 31-12-107 (1) and that a hearing on such annexations should be scheduled as provided by Colorado law. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF KERSEY, COLORADO AS FOLLOWS : Section 1 . The annexation consists of two annexations in a series as authorized by C .R. S . 31-12-104 (1) (a) and consists of two separate annexation petitions and two separate property descriptions to be annexed in a series to provide the required contiguity. Section 2 . The Board of Trustees hereby accepts the above described annexation petitions and finds and determines that the petitions for annexation of the property described as the Kersey Korner First and Second Annexations and as such property is described in the attached property descriptions and being in the Northwest Quarter of Section 22 and the Northeast Quarter of Section 21 , Township 5 North, Range 64 West of the 6th P .M. , Weld County, Colorado are in substantial compliance with the requirements of C .R. S . 31-12-107 (1) and Section 30 of Article II of the Colorado Constitution and the Petitioners desire to initiate annexation proceedings in accordance with law. Section 3 . The Board of Trustees hereby sets a public hearing for the 8th day of February, 2000 at the hour of 7 : 00 p.m. at the Town Hall , 332 3rd Street , Kersey, Colorado for the purpose of determining whether the areas proposed to be annexed meet the applicable requirements of C.R. S . 31-12-104 and 105 , and to determine whether the areas should be annexed to the Town of Kersey. Section 4 . The Town Clerk is hereby directed to publish notice of this hearing once each week for five successive weeks in The Voice, the designated newspaper for the Town of Kersey. PASSED, ADOPTED AND APPROVED THIS 14th day of December, 1999 . TOWN OF KERSEY BY: MAYOR ATTEST : TOWN CLERK NOTICE Notice is hereby given that on the 8th day of February, 2000, at the hour of 7 : 00 p.m. , at the Town Hall , located at 332 3rd Street , Kersey, Weld County, Colorado, the Board of Trustees of the Town of Kersey will hold a public hearing on the Petitions for Annexation for the area known as the Kersey Korner First and Second Annexations as more particularly described in the property descriptions attached to this notice . The Resolution fixing the foregoing hearing date accompanies this Notice . The hearing shall be for the purpose of determining and finding whether the areas proposed to be annexed meet the applicable requirements of C.R. S . 31-12-104 and C .R. S . 31-12-105 and Section 30 of Article II of the Colorado Constitution, to determine eligibility, and to determine if the areas should be annexed to the Town of Kersey. The Petitions for Annexation and accompanying maps of the areas proposed to be annexed are on file with the Town Clerk at the Town Hall located at 332 3rd Street , Kersey, Colorado, and may be inspected during normal business hours which are from 9 : 00 a.m. to 5 : 00 p . m. , Monday through Friday. GIVEN BY ORDER OF THE BOARD OF TRUSTEES OF THE TOWN OF KERSEY, COLORADO. CANDACE BRIDGWATER TOWN CLERK KERSEY, COLORADO Hello