HomeMy WebLinkAbout20252538.tiffRECEIVED
SEP 0 8 2025
WELD COUNTY
COMMISSIONERS
NOTICE OF POSSIBLE ANNEXATION
Ogilvy River Farm Annexation, Zoning and Use by Special Review Application
TOWN OF KERSEY
Ogilvy River Farm LLC submitted a petition requesting annexation of their 98.4 -acre property to the Town of Kersey.
The Town is referring this application to you for review. Please reply by September 22, 2025, so that we may give full
consideration to your comments.
BACKGROUND INFORMATION
Type
of
Application
Annexation,
Zoning
and
Use
by Special
Review
Location:
Southwest
intersection
53
and
County
of
of
the
County
Road
60/2
Road
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Applicant/Landowner:
Ogilvy
River
Farm
Size
of
Property:
98.4
acres
+/-
Existing
Land
Use:
Agriculture
Proposed
Land
Use:
Gravel
Mining
and
Water
Storage
Existing
Zoning:
Weld
County
Agriculture
Proposed
Zoning:
Ag-
Agriculture
Legal
Description:
S 1/2
Range
Section
65
West
5,
NE
of
'/a
the
Section
6th
P.M.
8, and
the W1/2 of
Section
9, Township
5
North,
If you have any questions, please contact Danna Ortiz at 303.884.4850 or dortiz@kerseygov.com.
ATTACHMENTS
1. Published Public Notice
2. Annexation Petition
3. Resolution
M4. A _ioation Impact Report
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2025-2538
TOWN OF KERSEY
RESOLUTION NO. 2025-0015
A RESOLUTION FINDING THE PETITION FOR ANNEXATION OF CERTAIN PROPERTY
KNOWN AS THE OGILVY RIVER FARM ANNEXATION IS IN SUBSTANTIAL COMPLIANCE
WITH THE REQUIREMENTS OF C.R.S. 31-12-107(1) AND ESTABLISHING A DATE FOR A
PUBLIC HEARING BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF KERSEY,
COLORADO, TO CONSIDER THE PROPOSED ANNEXATION.
WHEREAS, the Board of Trustees received a petition for annexation of certain property herein described and
known as the Ogilvy River Farm Annexation; and
WIIEREAS, the Board of Trustees finds that the annexation petition and accompanying annexation map
substantially comply with C.R.S. 31-12-107 (1) and Section 30 of Article II of the Colorado Constitution.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN
OF KERSEY, COLORADO:
Section 1. The Board of Trustees finds that the annexation petition and accompanying annexation map
are in substantial compliance with the requirements of C.R.S. 31-12-107 and Section 30, Article II of the
Colorado Constitution.
Section 2. The property proposed to be annexed consists of approximately 71.91 acres in portions of the NE 1/ of
the NE 1/ Section 8, Township 5 North, Range 65 West, 6th PM, Town of Kersey, Colorado; 28859 CR 53,
Kersey, 80644.
Section 3. The Board of "Trustees hereby accepts the petition for annexation of the property described
as Ogilvy River Farm Annexation.
The Board of Trustees hereby determines that it will consider an Ordinance annexing the property into
the Town of Kersey at a meeting of the Board of Trustees on the 14th day of October 2025, at 6:00 p.m. at the
Kersey Town Hall located at 4461St Street, Kersey, Colorado. At such hearing, the Board of Trustees will
accept public comments and will determine whether the applicable requirements of C.R.S. 31-12-104 and 31-
12-105 have been met and determine whether the area should be annexed to the Town.
PASSED, APPROVED, AND APPROVED this 121k day of August 2025.
TOWN OF KERSEY BY:
11 Jae"-
AYOR
ATTEST:
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Ogilvy River
Farm
Annexation
• West of WCR 53
• South of Zehnder
• 72 acres
PC
TOWN OF KERSEY
ANNEXATION PETITION
TO THE MAYOR AND BOARD OF TRUSTEES OF THE TOWN OF KERSEY, COLORADO:
The undersigned (the "Petitioner"), in accordance with Title 31, Article 12, Chapters 101 et.seq., Colorado
Revised Statutes, hereby petition the Board of Trustees of the Town of Kersey for annexation into the Town
of Kersey (the "Town") the territory described herein and described and shown on the map designated
" Ogilvy River Farm Annexation " (the "Property"). Four (4) copies of said map are submitted
herewith and by this reference are incorporated herein. The description of the Property is set forth in Exhibit
"A" attached hereto and incorporated herein by reference (Exhibit "A" must be an original printed property
description on 8-1/2 x 11 white paper.)
In support of this petition, Petitioner alleges that:
1. It is desirable and necessary that the Property be annexed to the Town of Kersey.
2. That the condition set forth in Section 30(1)(b( of Article II of the Colorado Constitution has been met.
3. 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 (1/6) of the perimeter of the Property is contiguous with the
Town.
B. Contiguity with the Town is not established by any boundary:
i. of an area previously annexed to the Town that, at the time of its annexation, was
not contiguous at any point with the boundary of the Town, was not otherwise in
compliance with C.R.S.§31-12-104(1)(a) and was located more than three miles
from the nearest boundary of the Town ("Non -Contiguous Area"); or
ii. of territory subsequently annexed directly to, or indirectly connected through
subsequent annexations to, a Non -Contiguous Area.
C. A community of interest exists between the Property and the Town.
D. The Property is urban or will be urbanized in the near future.
E. The Property is integrated or is capable of being integrated with the Town.
F. In establishing the boundaries of the Property, no land held in identical ownership,
whether consisting of the tractor parcel of real estate or two or more contiguous tracts or
parcels of real estate, has/have been divided into separate parts of parcels of real estate
without the written consent of the landowner or landowners thereof, except and unless
where such tracts or parcels are already separated by a dedicated street, road, or other
public way.
IC
TOWN OF KERSEY
G. In establishing the boundaries of the Property, 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
building 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 Property without the written
consent of the landowner or landowners.
H. The Property does not include any area which is the same or substantially the same
area in which an election for an annexation to the Town was held within the twelve
months preceding the filing of this petition.
The Property does not include any area included in another annexation proceeding
involving a town other than the Town.
J. The Property is not presently a part of any incorporated town, city or city and county or if
the property is part of another town or city or city and county, it will be disconnected from
such municipality prior to consideration of the annexation.
K. The proposed annexation will not result in the detachment of area from any school
district and the attachment to another school district.
L. The proposed annexation would not have the effect of extending a municipal boundary
more than three (3) miles in any direction from any point of any such municipal boundary
in any one year.
M. The proposed annexation will not result in the denial of reasonable access to any
landowner, owner of an easement, or owner of a franchise adjoining a platted street or
alley which has been annexed by the Town but is not bounded on both sides by the
Town.
N. If a portion of a platted street or alley is to be annexed, the entire width of said street or
alley is included within the Property.
4. The undersigned comprise one hundred percent (100%) of the landowners in the Property and own
100% of the Property, excluding public streets and alleys and any land owned by the Town.
5. Petitioner requests that the Town institute zoning and subdivision approval processes for the
Property in accordance with C.R.S. §31-12-115 and applicable provisions of the Town's Municipal
Code to zone the Property in the AG - Agricultural, pursuant to the Town's Municipal Code, as set
forth in Petitioner's zoning application, and approve and execute an annexation agreement
("Annexation Agreement").
6. Petitioner reserves the sole, exclusive, and unilateral right to withdraw this petition by so notifying the
Town Clerk of the Town of Kersey in writing at any point prior to the latest to occur of:
i. the latest final, non -appealable approval of the final ordinance(s) or other final
PC
TOWN OF KERSEY
approval(s) approving (A) annexation of the Property; (B) zoning of the Property; and
(C) the Annexation Agreement; or
ii. Final, non -appealable resolution of any legal challenge or other action that directly or
indirectly challenges the approvals set forth in Section 6.i or any petition for a
referendum seeking to reverse or nullify any of the approvals set forth in Section 6.i.
7. Prior to the expiration of the period described in the foregoing Sections 6.i and 6.ii, neither Petitioner
nor the Town shall cause or permit the occurrence of the conditions to effectiveness of the
annexation as set forth in C.R.S. § 31-12-113)2)(b).
8. Attached hereto and incorporated herein by reference is the affidavit of the circulator of this Petition
certifying that each signature on this Petition is the signature of the person whose name it purports to
be and certifying the accuracy of the date of such signature.
9. The legal description of the land owned by Petitioner is set forth in Exhibit A attached hereto and
incorporated herein by reference.
10. Petitioner signed this Petition no more than one hundred eighty (180) days prior to the date of the
filing of this Petition.
11. That upon the annexation ordinance becoming effective, and subject to the conditions set forth in this
Petition and to be set forth in the Annexation Agreement, all lands within the Property shall become
subject to the ordinances, resolutions, rules and regulations of the Town of Kersey, except as set
forth in the Annexation Agreement.
TOWN OF KERSEY
Rural t.o'oradio since 1908
THEREFORE, the undersigned respectfully petition the Board of Trustees of the Town to
annex the territory described and referred to in Exhibit "A" to the Town in accordance with and
pursuant to the statutes of the State of Colorado.
Landowner(s) Name(s), Title and Signature(s) Mailing Address Date
Ogilvy River Farm, LLC
Todd Bean, Manager
STATE OF COLORADO)
ss.
COUNTY OF \-.)�)
33425 County Road 33
a
Greeley, CO 80631 T ~ r
-- ?ale-- as 94 O -t- A r
The foregoin instrument was acknowledged before me this Crday of J-1.4
by , as cuit bedon rivtrafiy--ca
Commi �on E�Q-13.-7
Notablic
EMILY HENDERSON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20234035092
MY COMMISSION EXPIRES SEPT, 13, 2027
211$
Landowner(s) Name(s), Title and Signature(s) Mailing Address Date
Ogilvy River Farm, LLC
Kristen Bean, Manager
STATE OF COLORADO)
)ss.
COUNTY OF
33425 County Road 33
Greeley, CO 80631
7-er -2-O2 5
a- 7- cf-ZoJ5
The foregoing, instrumenwas acknowledged before me this nth
� day of 514\\I205by_, as tcr&en &cfl - mokYar
M Commission Expires: q -f37
0 e
Notary is
- - EMILY HENDERSON
NOTARY PUBLIC
STATE OF COLORADO
NOT 2
Cu�MI
NOTARY ID 2023403509 2027
SAN EXPIRES SOT, 13,
DIY
8 ()CLASSIFIEDS
tiREELEI TRIBUNE.COM
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Public Notice
Public Notice
Public Notice
Public Notice
Public Notice Public Notice
NOTICE TO CREDITORS
Estate of RAYMOND DEAN
TOTH. a/It/a RAYMOND D.
TOTH, a lt/a RAYMOND TOTH,
a/k/a RAY DEAN TOTH. a/k!a
RAY D. TOTH. a/k/a RAY TOTH,
Deceased
Case Number 2025PR30470
All persons having claims
against the above named estate
are required to present them to
the personal representative or to
District Court of Weld County,
Colorado on or before December
15. 2025 or the claims may be
forever bared.
John D. Konz. Esq., Attorney for
Co- Personal Representatives,
Robert Howard Toth and
Darrin Thomas Toth
JORGENSEN. BROWNELL &
PEPIN, P.C.
5285 McWhinney Blvd., Suite
100
Loveland. CO 80538
(970) 304-0075
Published: Greeley Tribune Au-
gust 15. 22.29. 2025.2129102
NOTICE TO CREDITORS
District Court Weld County
Estate of LOREN DALE WYNNE
aka LOREN D. WYNNE aka
DALE WYNNE. Deceased
Case Number 2025PR30473
All persons having claims
against the above -named estate
are required to present them to
the Personal Representative or
to District Court of Weld County.
Colorado on or before December
16. 2025 or the claims may be
forever bared.
Christina Montgomery, Person-
al Representative
6805 Tustin Road
Prunedale, California 93907
Coan, Payton & Payne. LLC
Attorney for Personal Repre-
sentative
Brett Payton, #37127
1711 61st Avenue. Suite 100
Greeley, Colorado 80634
Published: Greeley Tribune Au-
gust 15. 22. 29. 2025.2128983
NOTICE TO c REDITORS
Estate of MASOUD SEDAGHAT
SHIRAZI, alk/a MASOUD S.
SHIRAZ,. a/k/a MASOUD
SHIRAZI, Deceased
Case Number 2025PR3•436
All persons having claims against
the above named estate are re-
quired to present them to the per-
sonal representative or to District
Court of Weld County. Colorado on
or before December 22. 2025 or the
claims may be forever barred.
Michael A. Shirazi. Personal Rep-
resentative
c/o HUTCHINSON BLACK AND
COOK. LLC, Attorneys for the Estate
of Masoud S. Shirazi
921 Walnut Street. Suite 200
Boulder, CO 80302
303.442.6514
Published: Greeley Tribune August
22. 29. September 5.2025-212998'7
NOTICE TO CREDITORS
Estate of LAURA LEE
BOMGAARS, aka LAURA L.
BOMGAARS, aka LAURA
BOMGAARS, Deceased
Case Number 2025PR3045B
All persons having claims
against the above named es-
tate are required to present
them to the personal represen-
tative or to District Court of
Weld County. Colorado on or
before December 15, 2025 or
the claims may be forever bar-
red.
Brent M.T. Keele. Attorney for
Personal Representative
Minor. Keele, Parke. LLC
2809 E. Harmony Rd Ste 100
Fort Collins, CO 80528
Published: Greeley Tribune Au-
gust 15. 22. 29, 2025-2129260
NOTICE TO CREDITORS
Estate of ANDREA ROY.
Deceased
Case Number 2025PR229
All persons having claims
against the above named es-
tate are required to present
them to the personal represen-
tative or to District Court of
Weld County, Colorado on or
before December 29, 2025 or
the claims may be forever bar-
red.
Ethan Roy, Personal Represen-
tative
9701 E Iliff Ave apt 2305
Denver, CO 80231
Published: Greeley Tribune Au-
gust, September 5, 12. 2025-
NOTICE TO CREDITORS
Estate of RONALD N.
DOESCHER, Deceased
Case Number 2025PR223
All persons having claims
against the above named es-
tate are required to present
them to the personal represen-
tative or to District Court of
Weld County. Colorado on or
before December 29. 2025 or
the claims may be forever bar-
red.
Christine Doescher, Personal
Representative
501 Aspen Grove Way
Severance, CO 80550
Published: Greeley Tribune Au-
gust 29, September 5. 12. 2025-
2131284
NOTICE TO CREDITORS
Estate of JOAN M. MILNE e.;k/a
JOAN MARIE MILNE, Deceased
Case Number
2025PR 30451
All persons having claims
against the above named estate
are required to present them to
the personal representative or
to District Court of Weld Coun-
ty. Colorado on or before De-
cember 15. 2025. or the claims
may be forever barred.
Warren G. Milne, Personal Rep-
resentative
c/o Joyner & Fewson, PC
3100 Arapahoe Ave. Ste 410
Boulder. CO 80303
Published: Greeley Tribune Au-
gust 15. 22. 29, 2025.2128834
NOTICE TO CREDITORS
Estate of Vicki L Spence.
Deceased.
Case Number 2025 PR 30352
All persons having claims
against the above -named estate
are required to present them to
the Personal Representative or
to District Court of Weld Coun-
ty, Colorado on or before De-
cember 19 2025. or the claims
may be forever barred.
Kurt Eugene Spence. Personal
Representative
Jon -Mark C. Patterson,
AR#27437, Attorney for PR
PO Box 7387
Loveland, CO 80537
Published: Greeley Tribune Au•
gust 15. 22.29. 2025.2128895
NOTICE TO CREDITORS
Estate of Raymond Alvarado.
Deceased
Case Number 2025P2170
All persons having claims
against the above named es-
tate are required to present
them to the personal represen-
tative or to District Court of
Weld County, Colorado on or
before December 15. 2025 or
the claims may be forever bar-
red.
1oAnn Alvarado, personal rep-
resentative
13026 Marlon Drive
Thornton. CO 80241
Published: Greeley TRibune
August 15. 22, 29, 2025.2129333
PUBLIC NOTICE OF
PETITION FOR CHANGE OF
NAME
CASE NO. 25C915
Public Notice is given on July
29, 2025. that a Change of
Name of a Minor Child has
been filed with the Weld Com-
bined Court.
The Petition requests that the
name of:
Genesis Helena Guerrero
be changed to:
Genesis Helena Guerrero
Laden=
By: Rachael Erickson
Clerk of Court (SEAL)
Published: Greeley Tribune Au-
gust 27, 29. 30, 2025-2130248
PUBLIC NOTICE OF
PETITION FOR CHANGE OF
NAME
CASE NO. 25C1006
Public Notice is given on Au-
gust 19. 2025. that a Change of
Name of an Adult has been
filed with the Weld Combined
Court_
ThePetition requests that the
name of:
Diran Osvaldo Vasquez Vega
be Changged to:
Chrfstopher Osvaldo Vasquez
Vega
By: Rachael Erickson
Clerk of Court (SEAL)
Published: Greeley Tribune Au-
gust 29, 30, 31, 2025-2130521
PUBLIC NOTICE OF
PETITION FOR CHANGE OF
NAME
CASE NO. 2506.2
Public Notice is given on Au-
gust 5, 2025, that a Change of
Name of an Adult has been
filed with the Weld Combined
Court.
The Petition requests that the
name of:
'Carman Marie SAby
be changed to:
Karmen Made Say
By: Rachael Erickson
Clerk of Court (SEAL
Published: Greeley Tribune Au-
gust 27. 29. 30. 2025-2130510
PUBLIC NOTICE OF
PETITION FOR CHANGE OF
NAME
CASE NO. 25C1014
Public Notice is given on Au-
gust 19. 2025, that a Change of
Name of an Adult has been
filed with the Weld Combined
Court.
The Petition requests that the
name of:
Summer Zayla Post
be changed to:
Summer Zayla Nava -Bird
By: Rachael Erickson
Clerk of Court (SEAL)
Published: Greeley Tribune Au-
gust 27. 29. 30. 2025.2130683
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Colorado,
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our burritos
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and our
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'1
PUBLIC NOTICE
The City Council of Greeley. Colorado. will hold a public hearing
on a proposed annexation of territory to the City of Greeley. The
hearing will be held on September 16. 2025. Council Chambers,
City Center South. 1001 11th Avenue, Greeley, Colorado. begin-
ning at 6 p.m. or as soon thereafter as the matter can be heard.
The purpose of the hearing is to determine whether said proper-
ties are eligible for annexation under Colorado law. Persons
wishing to examine the annexation petitions, resolutions, and
any exhibits thereto, may do so at the office of the City Clerk
during business hours. This territory is described in an annexa-
tion petition which has been filed with the City Clerk as:
• The property owner. Patriot Energy. LLC and applicant WV
Development. LLC have petitioned the City to annex a total of
219.221 acres of unincorporated property. The annexations con-
sist of portions of two parcels: Parcel No. 095704000006 and Par-
cel No. 095704000031. including a portion of a dedicated 60 -foot
right-of-way on the south side of both parcels.
Dated 6th day of August 2025.
/sJHeidi L19atherwood_
Heidi Leatherwood
City Clerk
CITY OF GREELEY, COLORADO
RESOLUTION NO. 40, 2025
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE WITH
STATE ANNEXATION LAWS FOR PROPERTY KNOWN AS "SCH-
MERGE" LOCATED GENERALLY EAST OF WELD COUNTY ROAD 17
AND NORTH OF WELD COUNTY ROAD 60 AND WEST OF STATE
HIGHWAY 257, INTO THE CITY OF GREELEY. THE SUBJECT SITE IS
COMPRISED OF 219.221 ACRES .
WHEREAS, Patriot Energy, LLC has submitted an annexation pe-
tition to the City of Greeley for annexation of property located
generally East of Weld County Road 17 and North of Weld Coun-
ty Road 60 and West of State Highway 257. more particularly de-
scribed in the attached Exhibit A:
WHEREAS, the City of Greeley staff has found the annexation pe-
tition to be in substantial compliance with C.R.S. §§ 31.12-101. et
seq.: and
WHEREAS, City staff desires that the City Council establish a
date, time, and place to hold a hearing to determine if the pro-
posed annexation complies with C.R.S. § 31-12-107(1), or such
parts thereof, to establish eligibility for annexation to the City of
Greeley: and
WHEREAS, the City Clerk shall deliver notice and publish the
date, time, and place for said hearing:
NOW THEREFORE, BE IT RESOLVED BY THE GREELEY CITY COUN-
CIL OF THE CITY OF GREELEY. COLORADO:
1. The annexation petition is found to substantially comply
with C.R.S § 31-12.107(1).
2. The public hearing for consideration of the proposed annex-
ation petition is hereby set for
September 16, 2025. at the City Council Chambers. City Center -
South, 1001 11th Avenue, Greeley, Colorado. during a regular
City Council meeting beginning at 6:00 p.m.
3. The City Clerk is hereby authorized to publish and notify re-
quired parties pursuant to the procedures set forth in C.R.S. §3I-
12.108(2).
4. This resolution shall become effective immediately upon its
passage.
PASSED. AND ADOPTED. SIGNED AND APPROVED this day of
2025.
ATTEST:
By: By:
THE CITY OF GREELEY. COLORADO
City Clerk Mayor Pro -tern
Published: Greeley Tribune August 8. 15. 22. 29. 2025.2128105
PUBUC NOTICE
The City Council of Greeley. Colorado, will hold a public hearing
on a proposed annexation of territory to the City of Greeley. The
hearing will be held on September 16, 2025. Council Chambers.
City Center South, 1001 11th Avenue, Greeley, Colorado, begin-
ning at 6 p.m. or as soon thereafter as the matter can be heard.
The purpose of the hearing is to determine whether said proper-
ties are eligible for annexation under Colorado law. Persons
wishing to examine the annexation petitions, resolutions, and
any exhibits thereto. may do so at the office of the City Clerk
during business hours. This territory is described in an annexa-
tion petition which has been filed with the City Clerk as:
• The property owner, ViMA Partners, LLC and applicant WV
Development. LLC have petitioned the City to annex a total of 73.
319 acres of unincorporated property. The annexation consists
of one Parcel: Parcel No. 095710000019.
Dated 6th day of August 2025.
/s/Heidi Leatherwood
Hetdl Leatherwood
City Clerk
CITY OF GREELEY, COLORADO
RESOLUTION NO. 41, 2025
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE WITH
STATE ANNEXATION LAWS FOR PROPERTY KNOWN AS "KINNI-
SON" LOCATED GENERALLY EAST OF 131ST AVE AND NORTH OF
US HIGHWAY 34 AND WEST OF STATE HIGHWAY 257,INTO THE
CITY OF GREELEY. THE SUBJECT SITE IS COMPRISED OF
73.319 ACRES.
WHEREAS, Vima Partners. LLC has submitted an annexation pe-
tition to the City of Greeley for annexation of property located
generally East of 131st Ave and North of US Highway 34 and
West of State Highway 257, more particularly described in the
attached Exhibit A:
WHEREAS, the City of Greeley staff has found the annexation pe-
tition to be in substantial compliance with C.R.S. §§ 31-12.101, et
seq.: and
WHEREAS. City staff desires that the City Council establish a
date, time, and place to hold a hearing to determine if the pro-
posed annexation complies with C.R.S. § 31-12-107(1). or such
parts thereof, to establish eligibility for annexation to the City of
Greeley; and
WHEREAS, the City Clerk shall deliver notice and publish the
date. time, and place for said hearing:
NOW THEREFORE. BE IT RESOLVED BY THE GREELEY CITY COUN-
CIL OF THE CITY OF GREELEY. COLORADO:
1. The annexation petition is found to substantially comply
with C.R.S. § 31.12.107(1).
2. The public hearing for consideration of the proposed annex-
ation petition is hereby set for
September 16. 2025, at the City Council Chambers. City Center -
South. 1001 11th Avenue. Greeley, Colorado, during a regular
City Council meeting beginning at 6:00 p.m.
3. The City Clerk is hereby authorized to publish and notify re-
quired parties pursuant to the procedures set forth in C.R.S. §31-
12-108(2).
4. This resolution shall become effective immediately upon its
passage.
PASSED, AND ADOPTED. SIGNED AND APPROVED this day of
. 2025.
ATTEST:
By:
City Clerk
THE CITY OF GREELEY. COLORADO
By:
Mayor Pro -tern
Published: Greeley Tribune August 8. 15. 22. 29, 2025.2128108
Notice
the Board of County Commissioners of Weld County, Colo-
rado, on August 13, 2025, conditionally approved a Planned Unit
Development Final Plan Amendment, PUDF24 0003, for the prop-
erty and purpose described below. Conditional approval of this
plan creates a vested property right, pursuant to Article 68 of
Title 24. C.R.S.. and Article VII. Chapter 23 of the Weld County
Code, for a period of three years, beginning on the date of publi-
cation of this Notice.
The complete case file may be examined in the office of the
Clerk to the Board of County Commissioners, Weld County Ad-
ministration Building. 1150 0 Street, Greeley, Colorado 80631.
The Clerk to the Board's Office can be contacted at (970) 400-
4226 or egesick:aiw_ eld.gov
Docket #: 207.5-55
Pe ifcan S ores North Homeowners Association
Attn: Seth Holland
12636 Waterside Lane
Longmont. Colorado 80504-5252
Pelican Shores South Homeowners Association
Attn: Steve Ceresa. c/o Real Manage
700 Ken Pratt Boulevard, Suite 111
Longmont. Colorado 80501
Legal Description: Part of Tract A, Block 1, and Part of Tract B,
Block 2 of the Pelican Shores PUD: located in the E1/2 of Section
36, Township 3 North, Range 68 West of the 6th P.M.. Weld Coun-
ty. Colorado
Type and Intensity of Approved Use: A Planned Unit Develop-
ment Final Plan Amendment. PUDF24.0003. to the Pelican Shores
PUD (Pf-1011) to adjust the internal lot lines between Tract A
and Tract B
Failure to abide by the terms and conditions of approval will
result in a forfeiture of the • estd property right.
Board of County Commissioners
Weld County, Colorado
Dated: August 27. 2025
Published: August 29. 2025. in the Greeley Tribune - 2131333
HCBS Waivers Publication of Notice
The Colorado Department of Health Care Policy & Financing
(HCPF) invites the public to comment on proposed amendments
for the 1915(c) Home and Community -Based Services (HCBS)
waivers: Brain Injury (BI), Children's Extensive Supports (CES).
Children's Habilitation Residential Program (CHRP). Complementa-
ry & Integrative Health (CIH). Community Mental Health Supports
(CMHS). Children with Complex Health Needs (CwCHN). Develop-
mental Disabilities (OD). Elderly. Blind, and Disabled (EBD). and
Supported Living Services (SLS).
HCPF intends to submit the amendments to the Centers for Medi-
care & Medicaid Services (CMS) on September 19, 2025. HCPF will
request an effective date of January 1.2026 for the amendments.
Please go to the HCPF's website at https://hcpf.colorado.
gov/hcbs-public-comment to view a summary of each of the
changes and the full draft waiver applications. You may also ob-
tain a paper or electronic copy by calling 303.866-3684 or by writ-
ing HCPF at 303 17th Ave.. Ste. 1100. Denver, CO 80203, ATTN: HCBS
Waivers Amendments
The public comment period is open for 30 days from Aug 14
through Sept 12, 2025.
Comments may oe submitted to HCPF through the following chan-
nels:
• By email: HCPF LTSS.PublicComment(sstate.co.us
• By phone: 303-t#b6-3684
• By US postal mail: HCPF. Attn: HCBS Waiver Amendments.
303 17th Ave.. Ste. 1100. Denver, CO 80203
• By fax: 303-866-2786. Attn: HCBS Waiver Amendments
Published: Greeley Tribune August 1S. 29.2025-2128515
TOWN OF KERSEY
NOTICE OF PUBLIC HEARINGS
NOTICE is hereby given the Town of Kersey will hold two public
hearings to consider the Ogilvy River Farm Annexation, which in-
cludes a request for Agriculture (Ag) zoning and a Use by Spe-
cial Review for a gravel mine.
• Planning Commission: October 7. 2025, at 6:00 p.m.
• Board of Trustees: October 14. 2025, at 6:00 p.m.
Both meetings will be held at the Kersey Town Hall. 446 1st
Street. Kersey, Colorado.
The proposal is for the annexation of approximately 98.4 acres
located at the intersection of the southwest corner of County
Road 53 and County Road 60. The purpose is to allow a gravel
mine that will be reclaimed as a water storage reservoir. The
property is located in portions of the S !`< Section 5, NE 'A Section
8, and the W 1'2 of Section 9. Township 5 North, Range 65 West of
the Sixth Principal Meridian. Weld County. Colorado.
The full application materials are available for inspection at the
Kersey Town Hall, during normal business hours and on the
Town of Kersey website at www.kerseygov.com
TOWN OF KERSEY. COLORADO
Julie Piper. Town Clerk
Published: Greeley Tribune August 29. September 5. 12. 19. 2025-
2131276
NOTICE OF VACANCY
ON THE BOARD OF DIRECTORS
OF JOHNSTOWN VILLAGE METROPOLITAN DISTRICT NO.3
TO WHOM IT MAY CONCERN, and particularly to the electors of
the Johnstown Village Metropolitan District No. 3 (the "Distric-
t"). Town of Johnstown, Weld County. Colorado.
NOTICE IS HEREBY GIVEN, pursuant to Section 32.1-808, C.R.S..
that one or mare vacancies currently exist on the Board of Direc-
tors of the District. Any qualified, eligible elector of the District
interested in serving on the Board of Directors for the District
should file a Letter of Interest with the Board by 5:00 p.m.. on
September 8, 2025.
Letters of Interest should be sent to Johnstown Village Metro-
politan District No. 3 c/o WBA. P.C., 2154 E. Commons Ave.. Suite
2000, Centennial. CO 80122.
JOHNSTOWN VILLAGE METROPOLITAN DISTRICT NO. 3
By: /s/ WBA, P.C.
Attorneys at Law
Published: Greeley Tribune August 29. 2025-2131153
NOTICE OF VACANCY
ON THE BOARD OF DIRECTORS
OF JOHNSTOWN VILLAGE METROPOLITAN DISTRICT NO.4
TO WHOM IT MAY CONCERN. and particularly to the electors of
the Johnstown Village Metropolitan District No. 4 (the -Distric-
t"), Town of Johnstown. Weld County, Colorado.
NOTICE IS HEREBY GIVEN, pursuant to Section 32.1.808. C.R.S.,
that one or more vacancies currently exist on the Board of Direc-
tors of the District. Any qualified, eligible elector of the District
interested in serving on the Board of Directors for the District
should file a Letter of Interest with the Board by 5:00 p.m.. on
September 8, 2025.
Letters of Interest should be sent to Johnstown Village Metro-
politan District No. 4 c/o WBA. P.C.. 2154 E. Commons Ave.. Suite
2000, Centennial, CO 80122.
JOHNSTOWN VILLAGE METROPOLITAN DISTRICT NO. 4
By: /s/ WBA, P.C.
Attorneys at Law
Published: Greeley Tribune August 29. 2025-2131152
NOTICE OF CONTRACTOR'S SETTLEMENT
This is to notify all persons interested that Weld County. Colora-
do will make final payment to W.W. Clyde & Co Attention: Ca-
meron Thompson. 10303 E Dry Creek Rd w e --
CO__ _ $_0i_3_2t far wortk ted on i�ie WCR ti✓1
Pr�ect Na on or about September 30. 2025. Anyone
having claims in conjunction with this project may file a verified
statement of the amount due and unpaid on such claim with the
undersigned no later than September 23, 2025. Failure on the
part of the claimant to file such settlement will relieve the OWN-
ER from any or all liability for such claims.
WELD COUNTY, COLORADO
BY: T
Dated: August 29,12025 4 Se4t m6er 1 r 2.025
Greeley Tribune • 2131321
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TOWN OF KERSEY
r-oi.oft
OGILVY RIVER FARM
Unincorporated Weld County, Colorado Annexation to the Town of Kersey
ANNEXATION IMPACT REPORT
PROJECT DESCRIPTION
The 98.43 -acre Ogilvy River Farm site is located primarily southeast of the intersection of Weld County Road
53 and Weld County Road 60, north of the South Platte River.
AUGUST 27, 2025
The property is described as portions of the South 1/2 Section 5, Northeast 1/4 Section 8, and the West 1/2 of
Section 9, Township 5 North, Range 65 West of the Sixth Principal Meridian, Weld County, Colorado. The full
legal description is included on the annexation maps. One hundred percent of the landowners, join in the
annexation petition, in accordance with CRS 31-12-107(1).
1. Map of the Town and Adjacent Territory
The northern and eastern property boundaries, or 4,484.52' are contiguous to the Kersey Town Limits.
Total perimeter of property: 15,613.56'
Required 1/6 contiguous boundary: 2,602.26'
Existing contiguous boundary: 4,484.52' (about 28% or > 1/4 of the boundary is contiguous)
TOWN OF KERSEY
2. Map(s) of Utilities and Infrastructure
Streets and Roads: County Road 53 serves as a major arterial. No street new extensions are proposed in the
vicinity of the subject property.
Sewer: The Kersey wastewater treatment plan is southeast of the property on CR 55. The existing individual
sewage disposal system will remain until such time as sewer can be feasibly extended.
liersey Transportation )t1a14
s f ♦ Loag-r^ as se p1, r, --ling Art=
«• a f and t=s_w .'t Met =Etna: Area
3
a
154
Kersey Towa Lcnub
Srr-?L C13snf^cac n
Ern:tutg Major Area -tai
S.... Fraposea
Minos Arteru,J
Eztsbng Minor Artercal Emttasg Collector
Pr:Posed C_llector
De,: edcpcmeat Dana)
Propose& Multi -
Modal Corr_daz
-. tea IRS .e- -ew. '1.
Kersey Wastewater
Treatment Plant
age
TOWN OF KERSEY
_atorack.
Water: The property is and will continue to be served by North Weld County Water District. The above map shows
the transmission lines in the area.
NORTH WELD COUNTY WATER DISTRICT
EXISTING WATER SYSTEM AND PRESSURE ZONES MAP
Figure 1
IIMP
PaareMM
Is
_.�.. .I a,1
S
31ora5e lark
Plaster Metes
Pressure Retch; '."s•.''- IPPY'
NtCe MnasD'Tmain
2'-4'Yiterines
6' - 1m' Waterines
12' - 16' Waterines
� 5G
Tkamcmicslon Linea
1\`CR 80 & 80.5 P s,e lne 115•, s6':
ELCO Pipeline 12 -i
a Eakin T'ansrasslan Line i186, 20'1
NEWT Pipeilrie 115', 42". 54')
a North Weld Trans m is s lern Lee 1,24'1
ailmmt'.'hw Ppelre r16'. 245
a 1A'resor Transmission Lie r16•. 24', 3C', 361
NINCWD Cer4ice Area
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1 :5,163 FT1
1b (5.023 PT'
2 :4,963 Ft
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as 29 e,5,000 FT:
3 15,079 FTi
4 15,0..0 FT:
4A i49D5 FT.
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SG $4,851 FTI
SWeE {4,851 Fri
6 15290 T-71
6A (5,092 Ft
7 15,393 F71
7A 15,194F 1
70 15,336 Ft
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TOWN OF KERSEY
{'. `.: �i. �•J. �.•.A \w .itei . a ..r v'J
3. The existing and proposed land use pattern in the areas to be annexed.
County'Road 60
Ogilvy
River
Farm
Kersey
ighway„ 37
County
Road 60
IC
CountypRoad.60 xp
a
a
Spanish -Village
The subject property is currently agricultural land that includes a homestead. The proposed future use is a gravel mine
(commercial mineral deposit) that will ultimately create a water storage reservoir.
4IPage
TOWN OF KERSEY
itardi tee n uo
Highway
Future Land Use
Rural Residential
Low Density Resident:al
Medium Density Res:dent:a
Parks and Open Space
Recreation/Tourism
Government/Public
Agriculture
Schools
tY _� Commercial
Highway Area Mixed Use
Downtown Mixed Use
Count
The property is designated as agriculture on the future land use map. The landowner is proposing to zone the property
Ag — Agriculture and both gravel mining and water storage reservoirs are allowed uses in this district, subject to approval
of a Use by Special Review (USR) permit.
5Jaage
Kersey - Base Map
Oil and Gas, Gravel and Floodplains
CGS Aggregate Resouu-ces
E - eolian sand (wind deposited:
F - tloodplain deposit
T - stream terrace deposit
U - upland deposits
V - valley fill (floodplain and. or terrace deposits;
TOWN OF KERSEY
The property contains stream terrace and floodplain gravel deposits, which have been identified by the Colorado
Geological Survey as Commercial Mineral Deposits. Pursuant to the Preservation of Commercial Mineral
Deposits Act (§ 34-1-301 et seq.), annexation and land use decisions shall preserve potential extraction.
This state law's primary objective is to prevent the permanent loss of these essential resources due to conflicting
surface development, such as residential or commercial buildings. The Act recognizes that sand and gravel are vital
for the state's economy and infrastructure, and that a finite supply exists, especially in populous areas.
The Annexor has obtained a 112 Reclamation permit from the Colorado Division of Reclamation, Mining and Safety.
A reclamation plan and compatibility study with the Town's master plan will accompany the USR permit application.
Note: the law requires that local governments consider and, where appropriate, preserve the future extraction of
these mineral deposits in their zoning and permitting decisions.
4. A copy of any draft or final pre -annexation agreement, if available.
The Town of Kersey and the landowner do not presently have a pre -annexation contract. The parties will, upon
approval of the annexation ordinance, execute a full annexation agreement detailing zoning and uses, municipal
service extensions, infrastructure costs and reimbursement, maintenance and improvement responsibilities.
6IPage
PC
TOWN OF KERSEY
5. A statement of the Town's plans for extending or providing for municipal services within the area to be
annexed.
Potable Water: North Weld Water shall continue to provide potable water service to the property.
Sewer: The existing septic and leach field will remain in place for the existing uses on the property. The Town shall
provide sewer service at such a time when extension of sewer lines becomes feasible. Sewer construction and
connection will be at the annexor's sole expense, in compliance with Town standards.
Roads: The Town will enter into a Road Maintenance and Improvements Agreement to ensure the Annexor pays
their fair share of impacts to the transportation system should the USR for gravel mining be approved.
Police: Existing resources are deemed adequate. The Town will reevaluate as necessary in the future.
Fire: Fire protection will continue to be provided by the Platte Valley Fire District.
6. A statement of the Town's plans for the financing of municipal services to be extended into the area to be
annexed.
The Town anticipates no immediate financing requirements for extension of services to the annexed area. Should
additional financial obligations arise as municipal systems are expanded, costs will be apportioned according to the
annexation agreement and local code.
7. A statement identifying all existing districts within the area to be annexed.
Aims Junior College Platte Valley Fire District
High Plains Library District School District RE -7 Kersey
Northern Colorado Water (NCW) West Greeley Conservation
8. A statement of the effect of the annexation upon the school district governing the area to be annexed,
including the estimated number of students generated and the capital construction required to educate
such students.
The proposed annexation will have a nominal effect on the Platte Valley School District. No new residences are
proposed. The estimated number of students generated is zero. No capital construction is anticipated.
Attachments:
Annexation Maps
Draft Annexation Agreement Template
7I Page
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ANNEXATION TABLE
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MATCH LINE
OGILVY RIVER FARM ANNEXATION TO THE TOWN OF KERSEY
Part of the South 1/2 of Section 5, the Northeast 1/4 of Section 8,
and the West 12 of Section 9, Township 5 North, Range 64 West of the 6th P.M.,
County of Weld, State of Colorado
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UNPI,EO
OGILVY RIVER FARM ANNEXATION TO THE TOWN OF KERSEY
Part of the South 1/2 of Section 5, the Northeast 1/4 of Section 8,
and the West 1/2 of Section ,• Township 5 North, Range 64 West of the
County of Weld, State of Colorado
Sheet 3 of 3
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ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT (the "Agreement"), effective the day of
2025, by and between The Town of Kersey, Colorado, a municipal corporation, (the "Town") and
Ogilvy River Farm, LLC (the "Annexor"), each a "Party" and collectively, the "Parties."
RECITALS
A. Annexor is the owner of the property described in Exhibit A attached hereto (the
"Property") and has filed a petition to annex the Property set forth in such Exhibit A.
B. The Town by and through its Board of Trustees has considered such annexation petition
and has adopted a Resolution finding substantial compliance with Section 31-12-107 of the Municipal
Annexation Act and in contemplation of such potential annexation the Parties enter into this Agreement
and each agrees to abide by the terms and conditions set forth herein.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein
and the annexation of the property, the Parties agree as follows:
1. Annexation. The Town agrees that it will annex the Property only in accordance with the
terms and conditions of this Agreement and only if the evidence sustained at the required public hearings
supports such annexation and if the requirements of Colorado law are met. In the event the annexation
occurs and is not challenged in the appropriate legal forum, the Parties agree to be bound by this
Agreement. Any time prior to the time of the adoption of an ordinance annexing the Property, Annexor
may withdraw the petition for annexation. In the event annexation does not occur, then this Agreement
shall be void as to the Property described herein. Annexor shall have no obligation to accept annexation.
and the Town shall not annex the Property unless Annexor has received all final permits. approvals, and
other authorizations from the Town to operate the Property in a manner satisfactory to Annexor.
2. Purpose. The purpose of this Agreement is to set forth the terms and conditions of
annexation and any subsequent development of the Property. Unless otherwise expressly provided to the
contrary herein, all conditions herein arc in addition to any and all requirements of the Town Zoning
Ordinance, Subdivision Regulations, Fee Schedules, as amended, and other ordinances of the Town and
any and all state statutes.
3. Vested Rights. The fact that the Property has been annexed by the Town shall not create
detrimental reliance that will estop the Town from modifying development regulations or changing fees
after execution of this Agreement. No vested rights shall accrue to Annexor by virtue of this annexation.
Vested rights shall be acquired only by compliance with C.R.S. 24-68-101 et ,set, and approval by the
Town of a site specific development plan for the Property. The following vested rights shall remain in
place; -
t- -
a. All Me D'v's'on o sec amafon 1V inirw anc Safe v Der nit 202' 0406.uses authorized or
permitted under the Division of Reclamation Mining and Safety Permit M-2024-006,
including such uses that are authorized and ha% e not yet commenced
J
3.b,Town agrees that Owner's Present Uses Cdefined below) of the Property shall be deemed to be. .
Page 1 of 8
( Formatted: Underline
1
Formatted: List Paragraph, Left, Right: 0", No bullets
or numbering, Tab stops: Not at 0.8" + 1.57"
Formatted: Underline
Formatted: Font: (Default) Times New Roman, 11 pt
'� Formatted
lawful nonconforming uses and such Present Uses may continue on the Property so long as
Owner does not change the use of the Property. For purposes of this Agreement, Present Uses
means all current activities, practices and uses of, on, or about the Property, whether engaged
in by or on behalf of Owner, which include these types of uses: agricultural and residential
structures and uses. agricultural activities, farming, hunting, waste water management (septic
and leach field), farm vehicle management, livestock, ditch burning, weed and pest - -f Formatted: Font (Default) Times New Roman, 11 pt
management, dust and noise abatement, odor management, times of operation, land and crop
management, outdoor storage of farm and marketing materials, growing crops that are the same
or similar to those that are currently grown on the Property, and irrigating such crops through
accepted, either presently or in the future, irrigation practices.Te-_
4. Land Use. Should the Annexor desire to make any changes or additions to the current use
of the Property subsequent to the annexation contemplated herein, the Property shall be developed in
accordance with the ordinances and Comprehensive Plan of the Town in effect at such time and a Final
Plat and Final Site Plan as approved by the Town.
5. Easements and Rights of Way. All necessary easements and rights of way associated with
any phase of development shall be obtained and dedicated to the Town by Annexor and at Annexor's
expense, including, but not limited to, the casements, permits, or licenses for the items described in this
paragraph, prior to the commencement of any phase of the development.
a. Roads. Specific internal roads, trails, or sidewalks shall be approved at the time of
preliminary or final subdivision approval, and such infrastructure improvements shall be
constructed according to Town standards. Any interior streets may initially be private.
If any private street is to become public, it shall only become public if it is constructed
to Town standards in effect at the time the street becomes public.
b. Permits. Annexor agrees and acknowledges that it will obtain all necessary access
permits needed for development of the Property. Annexor will comply with all terms
and conditions of such permits at Annexor's sole cost.
6. Water & Sewer Service. North Weld Water shall continue to provide potable water service
to the Property. The existing septic and leach field will remain in place for the existing uses on the
property. The Town shall provide sewer service to the Property at such a time when extension of sewer
lines becomes feasible. The Town shall then provide sewer service at its standard rates. To the extent
sewer lines are to be constructed to connect to municipal service, the construction of such lines shall be
at the obligation of and at the sole expense of Annexor and the construction and extension of any such
necessary lines and associated infrastructure shall be constructed in accordance with Town standards and
specifications.
7. Other Improvements. Should Annexor decide to change or expand the use of the Property
subsequent to the annexation contemplated herein, Annexor agrees to develop the Property only in
accordance with one or more plats as approved by the Town and shall, as applicable pursuant to such
development, install and provide at Annexor's expense the following infrastructure:
a. Curbs, gutters, sidewalks and streets (including striping).
b. A drainage study shall be conducted and a storm drainage system shall be built in
compliance with the storm drainage study approved by the Town's engineer.
Page 2 of 8
c. A water distribution system to the various lots and structures within the subdivision.
d. A wastewater collection system which will collect wastewater within the subdivision,
and upon meeting the conditions set forth A paragraph 6 above, will deliver the
wastewater to a sewer main installed at Annexor's expense connecting the Property to
the Town's municipal wastewater treatment system.
e. Street signs and a building address number system as may be agreed upon between the
Town and the Annexor including traffic control devices as warranted.
f Landscaping and fencing a public right of way areas as may be required by the
Subdivision plat or Development Plan.
g. Street lights pursuant to the street light standards approved by the Town and as may be
required by the Subdivision plat or Development Plan.
h. All electrical, telephone, and cable television service and any other utility shall be
installed underground.
i. One copy of the soils report shall be provided to each initial owner.
8. Designs and Studies Required. Prior to any development, including filling or excavation
being commenced upon each separate phase of the development, Annexor shall submit detailed plans,
both preliminary and final designs, based upon reasonable projections and based upon the information
and the standards and regulations then A effect in the Town. In the case a filling or regarding a
subsequent phases, the approved grading and drainage plans will be considered sufficient detail.
9. Design Standards and Specifications. All construction and installation a public
improvements A be performed by Annexor shall be done and accomplished in accordance with the
ordinances of the Town and the design standards, specifications, rules and regulations A effect at the
time of design approval. Improvements upon the Property shall be A accordance with the building code
in effect at the time of application for private building permits. The Town may refuse to issue certificates
of occupancy and building permits for any improvements to be placed in the Property, unless construction
of the public improvements or the phase of the development commenced is proceeding in good faith and
in accordance with the projected timing for that development and unless all terms of this Agreement have
been otherwise faithfully complied with by the Annexor.
10. Quality of Construction. Annexor shall, during any period of construction, be responsible
for using proper dust and erosion control and shall be responsible for maintaining the streets A such a
manner that they may be traveled upon uAil dedication. Any damage to streets or public facilities shall
be promptly repaired in a manner reasonably acceptable A the Town. Annexor and its contractors shall
prevent the build-up of debris and refuse materials and shall prevent such materials from being scattered
in or out of the Property and shall keep paved streets in and adjacent to the Property free of mud and dirt.
Annexor shall promptly cut any weeds on the Property and shall not knowingly and intentionally use any
chemical hazardous to the future residents of the Property, or which may remain in the soil for more than
one growing season. Undeveloped areas within the Property shall be maintained A accordance with
Page 3 of 8
commonly accepted agricultural practices.
11. Water Dedication.
a. .411 water rights associated with this property shall remain the property of the Owner.
No water dedication will be required for this property based on the existing uses
f including the existing DRMS mine permit) and the proposed USR permit if approved by
the Town. Shoulcl the property develop in the fixture for a land use, such as a residential
subdivision, then water dedication would be considered if water dedication would he
needed for this property and particular development`
------ --
a. Non Tributary and Tributary Water. At tie time tie Property is ceve opec , Annexor i
grant in perpetuity to tie Town t -le sole anc exe usive rig it to wit icraw, appropriate and
use, anc iereby consents in perpetuity on beha f of t iemse yes anc any and a successors
in tit e, pursuant to C.R.S. 37 90 137(R}, as may be amendec, to the Town tie right to
witheraw, appropriate anc use tie water ceseribec in tie above statute; provicec;
iowever, Annexor sia I be emit ee to use of the existing irrigation we for tie purposes
of a non potable water system for tie Pro )erty so long as sue i use toes not interfere
wit -i tie Town's use of the well or tProperty's grounc water.
b.
In House Supply. Annexor s is I proviee suen raw water as is rec uirec by tie Northern
Co orac o Water District, or the Town as may be applicable, to supply in house
commercia , ineustria , or residentia service at t ie time bui c ing permits are issuec
c. Irrigation. Annexor may be required to transfer to the Town or an owner's assoeiution
quasi pub
is area as may be set forth in any Subdivision P
at or Development P
an.
12. Annexor's Damages. The Parties agree that in the event of breach of this Agreement by
either Party, damages would be extremely difficult to calculate and in the event such breach occurs as a
result of the Town's inability to zone the Property as set forth in this Agreement or to otherwise comply
with the terms of this Agreement, Annexor's sole remedy shall be to disconnect the Property from the
Town. The Parties are encouraged to seek mediation or arbitration if any disagreements cannot be
resolved between the Parties.
13. Development Impact Fees. Annexor acknowledges that it is the Town's policy to require
"growth to pay its own way" and Annexor agrees to pay those development impact fees as are set forth
in the Town Fee Schedule as may be in effect at the time application is made for any building or land use
permit, so long as such fees are reasonably related to the development of the Property. Annexor shall
post such fee and expense deposits as may be required and agrees to reimburse the Town for all costs of
this annexation and development of the Property, including, but not limited to, planning fees, inspection
costs, engineering fees, attorney's fees, publication costs, together with all other costs specifically
applicable to annexation and development of the Property described in Exhibit A. The reimbursement
contemplated by this paragraph will terminate after the engineer's final inspection of all completed
improvements and acceptance by the Town of said improvements. Fees contemplated by this paragraph
are in addition to and not a substitute for the normal filing fees set forth in the Town Fee Schedule.
Nothing in this Agreement shall prevent the Town from requiring the payment of fees or impact fees at
the time of final plat approval if such funds arc necessary for construction of infrastructure, by either the
Town or another entity, prior to issuance of building permits. The Town reserves the right to withhold
Page 4 of 8
Formatted: Font: Not Italic
Formatted: Font: Not Italic
[Formatted: Indent: Left: 1", No bullets or numbering
building permits, certificates of occupancy and services and reserves the right to file liens on the property
if the fees contemplated by this Agreement are not timely paid or required improvements not timely
made.
14. Cooperation. This Agreement is the product of the cooperative effort of the Town and
Annexor and shall not be construed or interpreted against either Party solely on the basis that that Party
drafted the Agreement. In the event Annexor requires approvals from several levels of government before
this Property is developed, the Parties therefore agree that they shall cooperate in securing such approvals
as may be necessary.
15. Acceptance. If, upon completion, any improvements are dedicated to the Town and accepted
by the Town, such improvements shall be warranted fora period of two (2) years from such acceptance.
If improvements are to be transferred to a property owners' association, Annexor shall warrant that the
improvements will be free from defects fora period of two (2) years from the date of completion of the
improvement.
16. Improvements Guarantee. At the time of development of the Property, Annexor shall
provide an "improvements guarantee" in the form of a cash deposit, irrevocable letter of credit, or other
method of security guarantee acceptable to the Town and as set forth in the Subdivision Regulations in
an amount of at least 120% of the estimated cost of the public improvements. The security may be
released in total upon completion of the project or in increments based upon the dollar value of the
improvements installed in the subdivision or for each phase of the subdivision.
17. Project Phasing. Phasing of the project may be allowed in accordance with a phasing plan
approved by the Town.
Page 5 of 8
18. Miscellaneous Provisions.
a. Captions. The captions for sections used in this Agreement are for convenience of
reference only and shall not be considered a material part of this Agreement, nor shall
they be used as an aid in interpreting the Agreement.
b. Term. All rights and obligations set forth in this Agreement shall continue in perpetuity
and shall not be considered completed at the time of annexation of the Property or at the
time of complete development of the Property.
Remedies. If a petition of initiative or referendum is filed, at any time, which seeks to
amend or alter this Agreement and/or the terms of the ordinance annexing the Property,
Annexor shall immediately be entitled to disconnect the Property in the manner
described in this Agreement and the Town shall not object to such disconnection, but
such disconnection shall be at the cost of Annexor.
d. Benefit. The rights and obligations created by this Agreement shall inure to the benefit
of Annexor, its successors and assigns unless stated otherwise herein. The Parties
expressly agree that for purposes of this Agreement, any reference to "Annexor" refers
to Annexor and Annexor's successors and assigns, which includes, but is not limited to,
any person or entity who acquires a portion of Property from Annexor in fee simple.
Such successor's or assign's obligation shall extend not only to the lot or parcel acquired
by that party but shall extend to the entire requirements of this Agreement.
e. Indemnification. Annexor agrees to indemnify and hold harmless the Town and the
Town's Trustees, officers, employees, agents and contractors from and against all
liability, claims and demands, including attorneys' fees and court costs, which arise out
of or are in any manner connected with the annexation or zoning of the Property, or with
any other annexation or other action determined necessary or desirable by the Town in
order to effectuate the annexation of and development of the Property, or which are in
any manner connected with the Town's enforcement of this Agreement. Annexor further
agrees to investigate, handle, respond to, and provide defense for and defend against, or
at the Town's option to pay the reasonable attorneys' fees for defense counsel of the
Town's choice for, any such liability, claims, or demands.
f. Severability. If any term, condition, or provision of this Agreement is held by a court of
competent jurisdiction to be invalid and unenforceable, the remainder of this Agreement
shall continue in full force and effect as if the offending terms, condition, or provision
were never a part of this Agreement; except that if in the sole judgment of Annexor, the
invalid and unenforceable terms, condition, or provision is a material part of this
Agreement, Annexor may seek and obtain disconnection in the manner described in this
Agreement.
g. Future Acts. Following execution of this Agreement, the Town and Annexor agree to
perform any At, including the execution of appropriate documents, when requested by
the other Party, where such acts are reasonably required to fulfill the performing party's
obligations, under this Agreement.
h. Notice. Any notice required or permitted, under this Agreement will be deemed to be
Page 6 of 8
received when delivered personally in writing or five (5) days after notice has been
deposited with the U.S. Postal Service, postage prepaid, certified, return receipt
requested, and addressed as follows:
If to Town: Town of Kersey
P.O. Box 657
Kersey, CO 80644
If to Annexor:
Either Party may change the address to which notice is to be sent by providing notice set forth
in this section.
No Merger. No part of this Agreement shall be considered to have merged or to have
been completed A the annexation if the portion of the Agreement is contemplated A
have survived the annexation of the Property.
j•
Recording; Binding Effect. This Agreement shall be recorded with the Clerk and
Recorder a the County of Weld, State of Colorado, and shall constitute a covenant
running with the Property. This Agreement shall be binding upon future owners, assigns,
and personal representatives a the Parties, including persons who may acquire
subdivided parcels of the Property herein described and upon Al persons hereafter
having an interest in the Property. This paragraph supplements, and does not supersede,
paragraph 18.d.
k. Integrated Agreement; Modification. This Agreement supersedes any and all prior
agreements between the Parties, whether written or oral. Any modifications to this
Agreement shall be memorialized in a writing executed by both Parties.
I. Annexation Challenge. The Town reserves the right not to defend any legal challenge to
this annexation. In the event such a challenge occurs prior to the expiration of any statute
of limitations, the Town may, at its discretion, choose to contest the challenge or to allow
the challenge to proceed without defense. This section does not restrict Annexor's ability
to contest any challenge to the annexation.
m. Mineral Interests. Annexor understands that certain mineral interest owners have
developed the oil and gas reserves located on the Property and the developer will enter
into an agreement with the oil and gas production company to facilitate the production
of oil and gas or to make such changes, improvements, or relocations to the oil and gas
facilities as may be necessary.
Choice of Law; Venue. This Agreement shall be governed and construed in accordance
with the laws of the State of Colorado, without regard to conflict of law principles. Sole
venue Ar any civil action brought A enforce or interpret this Agreement shall be in the
State courts of Weld County, Colorado and no such action shall be removed to any other
court or jurisdiction.
Page 7 of 8
Attorneys' Fees. In the event it is necessary for either Party to undertake legal action or
proceeding against the other Party with regard to this Agreement, the prevailing Party of
such action shall be entitled to recover from the non -prevailing Party (A addition A all
other remedies provided by law) is costs and expenses, including attorneys' fees and
costs incurred in such action or proceeding in such amount as the court may find
reasonable. The prevailing Party shall be determined by the court based upon an
assessment ofwhich Party's major arguments made or positions taken in the proceedings
could fairly be said to have prevailed over the other Party's major arguments or positions
on major disputed issues in the court's decision. If the Party that commenced or instituted
the action, suit, or proceeding dismisses or discontinues it without the concurrence of
the other Party, such other Party shall be deemed the prevailing Party. The provisions of
this Section 18.0. will survive any termination of this Agreement.
The Parties have entered into this Agreement effective the date and year first above written.
ANNEXOR:
STATE OF COLORADO
ss
COUNTY OF
The above and foregoing signatures a were subscribed under oath before me this
day of , 2021.
Witness my hand and official seal.
My commission expires:
Notary Public
TOWN OF KERSEY:
MAYOR
ATTEST:
TOWN CLERK
Page 8 of 8
OGILVY RIVER FARM ANNEXATION TO THE TOWN OF KERSEY
Part of the South 1/2 of Section 5, the Northeast 1/4 of Section 8,
and the West 1/2 of Section 9, Township 5 North, Range 64 West of the 6th P.M.,
County of Weld, State of Colorado
Sheet 1 of 3
MATCH LINE B
UN P LATTED
(REC. NO. 2990466)
LOWER LATHAM RESERVOIR COMPANY
PARCEL Na 098306000024
-
UNPLATTCD
Mc. NO. 2980460)
OWER JITHLATA RESERVOIR COMPANY
PARCEL $0. 090306000023
GRAPHIC SCALE
1"=100'
0
100
200
300
[98.43 Ac.+/
UNPLATTED
(REM 1QCI)
P H6411R09R970I41 46
AG - AGRICULTURAL
5 4 SR. SEC. 4, 1 5 N.
R 64 /2' ALUNNIUM CAP,
FOUND 3/4' 11EBNR
pis 317179. NEARS 1189'2427'O.
433.00 FEED AS WITNESS COI.
SLOPE FA1C11EN1
(AEC. $9. 4773006)
(PEC. N0. 43757x43
COOT EASEMENT
(REC. NO. 2565656)
S400 -.
H
SLOPE EASEMENT
REC. NO. 43730081
(REC NO 437572 4)
//
P0 -1H -T CF D EMIT
SOTITII 1/1 CCD. SEC. 6 0, 9,
T 5 N,N 8444 r(2LFHO 3/4'
REETAR Wml 2 1/2 4LOMMUY \to
CAP, PLS 313479
UNPLATTED
LOWER LATI1AM RESERVOIR COYPAIY
PARCEL NO. 096306390027
s
LS5
1
031
0
LED
i
i
COUNTY ROAD 388
(---M—ATCH LINE B
CERTIFICATE OF OWNERSHIP
KNOW ALL PERSONS BY THESE PRESENTS THAT THE UNDERSIGNED, BEING THE OWNER OF
CERTAIN LANDS IN KERSEY, COLORADO, D�SCTED IN THE SoLITH 5RII1/BED AS FOLLOWS:
A PARCEL OF LANS B.CAND
DY Of WWEST
ELD, I/O//STAOFE L F SECTION
O NOIIWE5FNO FarLT RAN
E 64SECHON 5, THE NWESSTOFTHE 46TH P.M., OF ON
CONSIDEFON'O THE 1151 LANE OF THE NORTHEAST 1/a OF TITE IICRIHFA,T 1/4 OF SECTION 6
7014145 5 1075711. RANGE 64 'NEST PF INF, 0131 91/., 1Q BEAR NORTH 0 '10.41• WEST BEING NG
MUNWENTED OR THE NORTH E141 qv A 3/4 REDAA WRH 1 1/4' ,AuMJKUIA Cl? PLS 10740.
AHD ON THE SOUTH (MD R1 A 3/4 PERM 11TH 2 1/S AJU ANCAP. PLS 37(171. 111TH AIL
DEARNG5 CONTAINED HERON RELATNE T11ERET0;
OEGAIARNG AT THE SCRIM 1/16 CORNER OF SNIT SEC FICN 9' THENCE $08111 01'00-311' WE51,
CODADWAR SEC1014 8. A OI R CETH THE �F 131T 0.41 FEET TO 11OF THE 4EACV1 CORi/4 of NER OF wo SECTIOOFN 9 D
DEFACE NORTH OT'IOB41 WE5T. CCARCIDWM WON THE WEST LINE OF THE SOUTIMFEST 1/4/01
CORNER • NORTHWEST
9D D14(01CCE SOON R/D''10"59'INACE OF HOST.10.66 COINCIDENT 117117 THE (001RTH 1* IS
FEET 10 114E NORTH( 1/4
OF 16 CORNET!EOOFFF SAO $SOC RON 6,[ 11000 10411T �a o 07'015' TW 519�6A51
1 //4 OF S4D ECT 8, A DISTANCE oRAnDENT *TN CAST MI TE 01 666 21414 1FEET1 TO RAE CCNOOKi£NSNoRi11i1INF THE� i/6+
CORNER OF 5000 01101 8; RIE KE NORTH 05'16'51' WEST. C0IHCIDCNT 111114 THE WEST SIRE
OF THE NORTH [ 2 Or THE NGRTM4EST 1 4 OF NE NORTHEAST 1/5 OF KN0 SECTION 6, A
69'TT6'37 WEST COL'1C:OEKTT TO THE
1FIq SOUTH 1 16 CORNER
OF' ME SOO'J IIWSW CSTN1/i OF THE SOWN
0 50911 -FEAST
1/4 Of SAND SECTION 5, A 051A4CE OF 1321.74 FEET TO THE SIX1TH 1/4 CORNER OF SAO
S C11011 5 AND THE SOUHIEAST COREFIR OF THAT PARCEL or Lµ0DESCRIBE') IN 0100
RECORDED AAA.' 21, 2006 AS RECEP110111 Na 355646 IN THE RECOR05 OF DIE CLERi1 AND
000000ER FOR WEED COUNTY COLORADO' THENCE C0'140011WIM THE EAST LIRE OF SAID
PARCEL A410 THE EAST LANE COUNTY,
FrEDDRErE0 E3EMVTION No. RE -1554 AS SHOWN ON THE PLAT
410009DED AUGUST 11. 2002 AS RECEPTION N0. 2093796 IN THE RECORDS OF THE CLERK 301
RECORDER FOR AID COUNTY, COLURACO, THE FOLLOWIKG SEVEN (7) COURSES AND DISTANCES:
1 THENCE NORTH 83'39'13' NEST. A DISTANCE of 123.47 '(ET;
O THENCE NORTH 2016'49' EAST, A DISTANCE C4 076.14 FEET.
3 THENCE NORTH 03'02-40' EAST, A DISTANCE CO 169.90 FEET;
4 THENCE 40RNH 5750011" WEST, A DISTANCE Or 207.43 FEET;
5 THENCE NORTH 44'51'11' WEST, A DISTANCE V51. D0 FEET;
6 51111^..1 HDRDIT 01'11'1 T' REST. A PISTA)10E ElF 1324 FEET;
7 THENCE NORTH 31'45'11' WEST, AA OIETANCE OF 129.00 mil TO TTY CENTER -NORM 1/16
CORNER W Su0 5ECTIO'l 5; 7E71C- NORTH #4 07 42' EAST, CONIC:OEMFT 'TWIN THE NORTH LINE
Of THE SOLID -NEST 1/4 OF THE SOUTH EAST 1/4 OF SAO 5EC11GN 5. A DISTANCE OT 161.25
FEET TO 111E CENTERAPIE OF THE WILY.' Dont THENCE CONFCIPENT *PH S 10 CENTERLINE 111E
103L0111NG SATIRES. (I4) COURSES AND OST+UNCES
1) THE ITE.RNNNG or A AOH-TANGENT CUm'E, COKE -WE To THE N4AT11EAST, HAYING A RA(x07
OF 225.00 BEET µ0 A CENTRAL 12100[ OF 30'13'16", 021108E CHORD BFAQS SOWN 40'4010 EAST,
A DISTANCE OFT 9.18 FEET; THENCE SDIITHEASTERLY ALONG 134E ARC OF 5410 CURVE. A DISTANCE
07 152.05 FEET;
2) NTE DEGIHNIN6 OF A DALE,. CONCA50 TO THE NORTHEAST. 40411410 A RADIOS aF 56000 FEET
AND A CENTRAL ANGLE OF 5355'06-. WHOSE CHORD DEARS SOUTH 4036'11' EAST, A DOTAHCE
OF 507.78 fEET; THENCE SOll11,EASTERLY ALONG THE ARC OF SAO CURVY. A Ot51µCE OF 575.00
IT•
Ti1EHCE SOUTH 7213'4O• FAST A 015T1ICE OF 94.49 FEET
TMNCE SOUTH 7551'26' EAST_,
, A DISTANCE OF 131,67 FEE?;
THENCE SOUTH 75.59'21' FAST, A DISTANCE OF 69.96 FEET,
6 THENCE SCRIM 71'57'45' EAST, A DISTANCE OF 76.15 fFEI•
THENCE SOUTH 76'12'72' EAT, A DISTANCE OF 14557 FEET;
11141441E SOUTH 6810'88• EASST, A DISTANCE OF 164.71 FELT;
1TLEN[E SOUTH 6011.48' FISH A DISTANCE OF 13.94 TED:
(41 THENCE 5134 63'45'50' Ds*A 0'010141£ Or 230.49 FELT
I THENCE 50UIH 10724'14' FAST
2 MERGE SOUTH 70'53'111' EAST
3 THENCE SOUTH 69'14107- EAST
THENCE SOUTH 63'53'16' EAST
5 THENCE SOWN 70'47'06" EAST
0' EAST
7 T1TENCE SOUTH 57'53'20' EAST
B THEME SOUTH 58'25'44' 657
A DISTANCE SF 147.71 FEET
A DiSTATICE OF 183.17 MET
A DISTANCE OF 51.95 TEET•
A 0ISTAHCE OF 151.21 FEET:
A DISTANCE OF 54,04 FEET'
A DISTANCE OF 113.79 FEET;
A DISTANCE PF 171.16 FEET:
A DISTANCE OF 120.45 FEET TO THE NEST Rx1IT-OF-WAY LINE
OWN TY ROAD 53 AND THE CX15RNG II119411 AA BO MDATTY OF NNE 11014111 OF KERSEY_ COLORADO;
THENCE COINCIDENT snug SAD WEST RICNi-OF-w411 UNE MO 10471 BOUNOARF. 0150 54.HC THE
4(51 RSCIIT-0s-WAY LINE PF 1116110200 37, THE/01109440 IANETEEN (19) COURSES ARO OTOFANCE5'
THENCE SOLON IXP56'15' EA51 A D151ANCE of 309.95 FELT:
2 THENCE 50Fm1 69'16'37' AUT. , A OSTAHCE OF 10.10 FEET
3 THENCE SOUTH D1'10'40' FAST A 0 -STANCE OF 182.21 FEEL
S THENCE SOUTH 01'59'10' SAS:
5 THENCE SOUTH 11 055 17'10' EAST A 1µ41E OF 195.2v FEET
6 THENCE 5017TH 1T5B'1 P' EAST A 0255µ41E OF 512.00 FEET
7 THENCE SOUTH 23513'00' EA5i A 0¢5'fµ411 a6' 279.10 FEET
6 THENCE 50(RH 141210' EAST A DISTANCE OF 762.10 FEET
9 THENCE SOUTH 1542'40' EAST A COSTµCE of 295.20 FEET
1 1141 F4KG!NRNIG 01.A C .. CONCAVE TO THE
WED,. _WHO
A CENTRAL AMOLE OF 11,00 42. 61165E CTODR0 BEARS SUTH 09'60'417 EAST, A DISTANCE OF
µD
3. 22 FEET, THENCE SotplI(R11 0L0NG 1110 ARC OE SAD CURIAE, A DISTANCE OF 358.78 FEET;
12 MCAFEE RORTH X344'29' wE51. A OALTAICE OF 46.64 FEET;
13 THENCE SOUTH 00010 44' WEST. A 015TAICE OF 95.86 FEET.
14 THENCE 50U711 61'45'10' EAST A 015TµCE OF 46.00 FEET:
UT 17 THENCE SOH 0714'44' WEST, A INSTANCE OF 990.47 FEET:
16 THENCE 1Aen.' 51'40'44' WES1. A DISTANCE OF 15,00 FEET;
17 THENCE S0U151 LIS14'04' WEST, A 1XSTAECC OF 50.801 FEET.
19 THENCE sEU111 0542'51' FASO. A DISTANCE OF 02.17 FEET -
19 THENCE 20 UN 071404' WEST A (STANCE OF 154.54 FEET TO TIE 53)11111 LINE or THE
HO OV£5T 1 /4 OF THE SUIJII NF.51 1 4 OF 5410 SECTION 9' THENCE SOLIDI 89'20'32" WEST,
C0WC10ENT 111101 sup SOWN LANE, A µCE OF 105.34 FEET 10 THE TRUE P0017 OF R6O1HNIRA
A DISTANCE OF 393.00 FEET
SAID PARCEL CONTAINS 98 43 ACRES, MORE OR LESS µD IS SUBJECT TO EASEMENTS µD RIGHTS -
OF -WAY OF RECORD
EXECUTED THIS DAY OF _
, 20_
TODD BEAN AS MANAGER OF OGILVY RIVER FARM, LLC
STATE OF COLORADO)
COUNTY OF))
THE FOREGOING CERTIFICATE OF OWNERSHIP WAS ACKNOWLEDGED BEFORE
ME THIS DAY OF 20_
55
WITNESS AO Hµ0 AND SEAL,
MY COMMISSION EAPlRES
NOTARY PUBLIC
PLANNING COMMISSION CERTIFICATE
APPROVED BY THE KERSEY PLANNING COMMISSION THIS_DAY OF , 20
CHMR, PLANNING COMMISSION
TOWN CLERK
BOARD OF TRUSTEES CERTIFICATE
11(5 ANNEXATION MAP IS TO BE KNOW1 A5 'OOILW RIVER FARM ANNEXATION TO 1HE 100'1
OF KERSEY' IS HEREBY APPROVED µD ACCEPTED BY ORDINANCE NO PASSED
µD ADOPTED AT THE REGULAR MEETING OF THE BOARD OF TRUSTEES OF KERSEY, COLORADO,
HELD ON 20 µD RECORDED ON 20 AS
RECEPTION NO. IN THE RECORDS OF THE CLERK µD RECORDER OF WELD
COUNTY, COLORAOn by THE BOARD OF TRUSTEES OF KERSEY, COLORADO.
MAYOR
ATTEST:
TOWN CLERK
SURVEYOR'S CERTIFICATE
/RKORADo D_ DD HEREBY CERTIFYD THAT THE ANNEXATION SSTONAL D IMP ACCURATELIN Y ESTATE 0£
REPRESENTS
THE OESCIT'9ED PARCEL AND 111AI AT LEAST ONE -SIXTH ((1/65] OF ITS BOONDATCY IS
CON0G1fOUS TO TIFF EXISTING 0011NDARY OF THE TOWN 1179 KERSEY. WON 44434 .52
FEET CONNDOR:COS 015 or A TOTAL PER:NETER OF 15,613.56 FEET
I FURTHER CERTIFY THAT THIS MAP µD LEGAL DESCRIPTION WERE PREPARED UNDER
MY RESPONSIBLE CHARGE THIS 3RD DAY OF JUNE, 2025
CURBS D. HODS, PLS 37971
FOR µD ON BEHALF OF:
AMERICAN WEST LAND SURVEYING CO.
BRIGHTON, CO 130601
NOTES
1) 90.55 GP 50ARn4G5: THE EAST LINE OR 115E HOR)11E1OT 1/4 OF ENE NORTHEAST
1/4 OF SECTION B, TOWNSHIP 5 NOUN, RANGE 64 WEST 4F THE 611 P,M 51 WELD
COUNTY. COLORADO, IS ASS�UJMED TO BEAR NORTH
/0T'RO'4T WEST. BEING MONUMENIED
IN
MONUMENTTHE O80X.EAND ON THE rSOUT 6NUN
BY3A 71//I' ALUMINUM
VTR 2 4/2"
2'6' ALUMINUM
CA'. PLS 37171. WITH ALL BEARINGS SHOWN )IEREON RELATIVE IH(RSTO.
2) ANY PERSON 6440 XNOWINCLY REMOVESALTERS OR DEFACES ANT PUBLIC TAM
SURVEY 9090MENT OR LAND BOURDAAY T.ONTIAIENT OR ACCESSORY, COMMITS A
CLASS TWO (2) YISDEMEANOR PURSUANT TO STATE STA141TE 15-4-506• C.R.S.
3) CERTIFICATION DEFINED: THE USE OF THE WORD 'CERTIFY OR 'CERTIFICATION'
BY A REGISTERED PROFESSIONAL LAND SURVEYOR, IN THE PRACTICE OF LAND
SURVEYING, CONSTITUTES AN EXPRESSION OF PROFESSIONAL OPINION REGARDING
THOSE FACTS OF FINDINGS WHICH ARE SUBJECT OF THE CERTIFICATION, µD DOES
NOT CONSTITUTE A WARRANTY OR GUARANTEE, EITHER EXPRESS OR IMPLIED.
41 ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTIONS BASED
UPON A DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER
SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY
BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN
HEREON.
5) AMERICAN WEST LAND SURVEYING CO. REUED UPON TITLE COMMITMENT PROVIDED BY
LAND TITLE GUARANTEE COMPANY DATED OCTOBER 10, 2022, ORDER NO. FCC25200728-3,
FOR INFORMATION REGARDING EASEMENTS µD RIGHTS -OF -WAY OF RECORD.
B) DISTANCES ON THIS DRAWING ARE EXPRESSED IN U.S. SURVEY FEET µD DECIMALS
THEREOF. A U.S. SURVEY FOOT IS DEFINED AS EXACTLY 1200/3937 METERS
COON TY RD 82 1/2
COUNTY RD 60 1/2
COUNTY
8
1
RD 50
no x
2
SOFIJECi
PRp J
�kF.IYA'AY
VICINITY MAP: 1" = 4000'
APPLICANT
OGILVY RIVER FARM. LLC
33425 COUNTY ROAD 33
GREELEY CO 80631
(4370) 500-5551
ANNEXATION TABLE
TOTAL PERIMITER OF SUBJECT PROPERTY: 15,613 56'
REQUIRED 1/6 CONTIGUOUS BOUNDARY: 2,602.26'
EXISTING CONTIGUOUS MUNICIPAL BOUNDARY: 4464.52'
LEGEND
- ALIQUOT MONUMENT, AS NOTED
• - CHANGE IN DIRECTION AS INDICATED HEREON
EXISTING TOWN OF KERSEY MUNICIPAL BOUNDARY
dii7LP/T�ffazz7f YeAll
Land Su Co.
A PO Box 128, BrlMon. CO 00601 • P',303 -68N-1532 n303-655-0575 • ommottF.c9I11
SCKLE I TOO I Moll 9'*: CWd4 1 d1ECKE7 TTY: LOH ILIA JUNG 3, 2075
REK4'ON5;
JON
NO 2S-154 J
'EL LIT - R6441\56.10 ,424 xTA 3614\6lA0,,N1lCST.4•
NO110.50NI 65!
MATCH LINE A
UNPLATTED
(NEC NO. 31353619)
JACK SMITH CREDIT SHELTER TRUST
PARCEL NO 096308000026
CENTER -NORTH -409501 7/64
COP 5CC. 8. T 5 6, R g4 FOUR.
3/4' RERAR W1114] 1/4 ALE979K M
PEN 4362
24' ROADWAY d
Ij11LITY jsEidun
(NEC. Na 919992)
L
UNPLATTED
(REC N0. 4873756)
OGILVY RIVER FARM LLC
PARCEL NO 096308000025
EXISTING ZONING:
AG - AGRICULTURAL
PROPOSED ZONING:
AG - AGRICULTURAL
NORTHEAST 1 /16 COO. OCT. 6.
S 5 N. R 04 9. FQUND 3/4'
REBA9 WON 3 1/4 ALuuIIHHuu
C.R. PLO 4393
UNPLATTED
(REC. NO. 2990466)
LOWER LATHAM RESERVOIR COMPANY
PARCEL NO. 096308000024
ANNEXATION TABLE
TOTAL PERIMITER OF SUBJECT PROPERTY: 15.613 56'
REQUIRED 1/8 CONOGUOUS BOUNDARY: 2.602.26'
ET050NG CONTIGUOUS MUNICIPAL BOUNDARY: 4484.52'
LEGEND
= ALIQUOT MONUMENT. AS NOTED
- EKISONG TOWN OF KERSEY MUNICIPAL BOUNDARY
589' 10'59.I 1321.99'
30' WATER '-1
UNE WEN; NI
(REC. NO. 1412127)
MATCH LINE B
NORTH I/16 CON. SSC. 0 U 9.
I 5 N. A E4 W. FOVKO.3/4'
REBAR. ATTACHE1✓ 2 1/2
ALD111NITM-CAP. 9, ._37971 p
8
OGILVY RIVER FARM ANNEXATION TO THE TOWN OF KERSEY
Part of the South 1/2 of Section 5, the Northeast 1/4 of Section 8,
and the West 1/2 of Section 9, Township 5 North, Range 64 West of the 6th P.M.,
I' 1'11 " County of Weld, State of Colorado
Sheet 2 of 3
(98.43 Ac.+/
UNPLATTED
(REC. NO. 4873758)
OGILVY RIVER FARM LLC
PARCEL NO. 096309200006
N
JOE
BTARING
DISTANCE
Lt
Ii6S30'17Y1
101.72
L2
N53'00'40'E
169.59'
LS
N44'51'11'W
51.00
L4
N04'71'11w
11200'
45
N71'43'11w
129 0o'
L6
I180'O7'45'E
187.75'
L7
3.75'13'49'E
94.49
L6
570'31'36"[
131.62'
L9
575'59'21'[
68.90'
110
011 07 45t
76.15'
1.11
31713'12'E
145.57-
1.12
568'1956°[
164.71'
1.13
580'14'46'[
71.04'
0.14
581'45'50'{
238.4E
1.15
5661'4'78 [
187.34'
LIE
579'53'53'[
167.17'
LIT'
569'14'071
55,85'
L18
¶4323'19'E
151.21'
LIB
S75'47116.1
04.04'
Ltd
573'25'59'[
113.79'
L21
56751'20'[
171.16'
1.22
S5.120477r [
129.45'
L23
50758' I S'E
309-99'
L24
i6'37'w
10.40'
0.75
SOI'19 49'9
182.21'
130
S14'17'15'E
395.25'
127
51759' 1D'E
112,00'
429
IIBP34'26'NI
46.69'
L29
SOR' 14 i� TY
95.86'
LYJ
561'4S'16'E
46.00'
131
N81'40'44'W
15.00'
L32
50614'44'14
50.99'
L3]
59542-54"9
82. I Y'
LS4
03914'44"W
154.;4'
L15
580'20'1:'x'
10534
LL1E I RADIUS
CI 275 -DO'
CD l 560.00'
CO 11850.00'
MC
152.59'
572.00'
358.79'
DELTA
38'4318
51'65'00'
11'08 42'
CHORD BEARING
540-4G' 19Y
04650'14'E
X1906'47`[
CHORD
149,16'
507.78'
356.22'
COUNTY ROAD 388
(---MATC--14
LINE
GRAPHIC SCALE 1'=100'
0 100 200 300
,4 me7 red
Land Surveying Co.
A Cdo.xdx 5.8944 90
PO Box 129. 649h1on. CO 90601 A P.5P3-659-1532 F:503-455-0575 • OmrrOs.00m
VXE 1' - 'CO' L ORAIYN P/. CDH I CMECKED H.". MJN I DATE' 03vE 3, 2075
R{V.S10115:
.A6 NO 25-159 1 s6,2 VI s+r+A'T 71M(f5N.306.Y,6E59.41 AL1A 7arNAVOL 9lC•106
OGILVY RIVER FARM ANNEXATION TO THE TOWN OF KERSEY
N
PART OF LOT B
RE -3554
(REC. NO. 3093796)
CORPORATION OF THE
PRESIDING BISHOP OF THE
CHURCH OF JESUS CHRIST
OF LATTER-DAY SAINTS
PARCEL NO. 096305300055
N
N
N
N
N
N
UNPLATTED
(REC. NO. 3555646)
SCOUT ISLAND FARMS LLC
PARCEL NO. 096305000037
\
N C B)1I 1 I G LOA.
SEC. 5 7 5 N. 64 w, FOUNR
BENI f/a' ROOM SET .7/4-
s 50" KEW 111116 2 1/2"
01,16:NUM LAP. PLC 57971
L8
•
•
EA51 LIVE OF R£-3554
(EEC NO. 5033796)
D
h
•
'S
Part of the South 1/2 of Section 5, the Northeast 1/4 of Section 8,
and the West 1/2 of Section 9, Township 5 North, Range 64 West of the 6th P.M.,
County of Weld, State of Colorado
Sheet 3 of 3
ZEHNDER ANNEXATION NO. 5
(REC NO 478618)
LOT B, RE -3600
(REC. NO. 317070)
STEPHEN A. ZEHNDER LIVING TRUST
PARCEL NO. 096305400002
UNPLATTED
(REC. NO. 4873756)
OGILVY RIVER FARM LLC
PARCEL NO. 096305000029
EXISTING ZONING:
AG - AGRICULTURAL
PROPOSED ZONING:
AG - AGRICULTURAL
0ITC71 0010 EA5EMEN1
(REC NO. 7530508)
130 \ \
T'
P
scum 1/4 CDR. SEC. 5 T 5 N.
A 64 A. CALCUµ1E0 LO.ITION
FROM SURVEYS OF RECORD AND
SET 3/4' 1 SOT RE990 66111 3 I/4
ALUM: 'UM CAP, PIS 37971. 90.00
FEET FIST AS Mi111IS5 CORNER
586716'5'711 1521.74'
UNPLATTED
(NEC. NO. 3853616)
JACK SMITH CREDIT SHELTER TRUST
PARCEL NO. 096308000026
EAST 1/16 CD8. SEC. 5.t9.
T 5 N, R 64 w. BV 5/4 130'
0EDAR NTI11 2 1/2 AL'MUIJM
CAP, PL5 37971
MATCH LINE A
p
ANNEXATION TABLE
TOTAL PERIMIIER OF SUBJECT PROPERTY: 15,613 58'
REQUIRED 1/6 CONTIGUOUS BOUNDARY: 2,602.26'
EXISTING CONTIGUOUS MUNICIPAL BOUNDARY: 4484.52'
LEGEND
40- = ALIQUOT MONUMENT. AS NOTED
• = CHANGE IN DIRECTION AS INDICATED HEREON
/////////////. = EXISTING TOM OF KERSEY MUNICIPAL BOUNDARY
98.43 Ac.+/ ]
UNPLATTED
(REC. NO. 4873758)
OGILVY RIVER FARM LLC
PARCEL NO. 096308000025
EXISTING ZONING:
AG - AGRICULTURAL
PROPOSED ZONING:
AG - AGRICULTURAL
0
100
200
COOT EA5EMCM1
I'M. 110. T879µ1)
•
GRAPHIC SCALE
f"-100'
300
4 6466, FOUND 3/4 H.
69TH 3 I 4' ALU 0916+ LAP
PLO 10740 IN 11011U9ENF 9O7
COUNTY ROAD 60
ailme,peAwrk Fed
Land Surveying Co.
PO DM 129. erliAVorL CO 00001 • P.03-659-1532 F:503-055-0575 • amwwtY.mm
SCALE 1• - 100' I DRAWII 6T. C0R I 4HECKCD EM: 6611 1061L JO HC 10, 21125
MO/MINS.
J06 HO 25-159 i ml. 2'\i S#IP)TIVLV IY\s•\erAl, 11,4 .MTVV 9c 95'416
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