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Home My WebLink About20232836.tiffTOWN OF KEENESBURG FOUNDED JULY, 1906 A MUNICIPAL CORPORATION SINCE JULY, 1919 Clerk of the Weld County Bd. of County Comm'rs P.O. Box 758 Greeley, CO 80632 Aims Junior College P.O. Box 69 Greeley, CO 80632 Southeast Weld Conservation District P.O. Box 381 Keenesburg, CO 80643 Dear Sir or Madam: September 21, 2023 Bruce Barker, Esq. Weld County Attorney 915 10th Street Greeley, CO 80632 School District RE -3J P.O. Box 1022 Hudson, CO 80642 Lost Creek Groundwater Management District 50005 E. 120th Ave Bennett, CO 80102 RECEIVED SEP 2 5 2023 WELD COUNTY COMMISSIONERS Southeast Weld Fire Protection District 95 W Broadway Keenesburg, CO 80643 High Plains Library District 2650 W 29th Street Greeley, CO 80631 Enclosed please find notification of a proposed annexation to the Town of Keenesburg, Colorado, to be known as the Boomer Annexation. The public hearing on the proposed annexation is scheduled for Monday, October 16, 2023 at 6:00 p.m., as described in the enclosed Resolution No. 2023-41. Also enclosed are copies of the Petition for Annexation as filed with the Town and the notice published in the Greeley Tribune on August 30 and September 6, 13 and 20, 2023. TOWN OF KEENESBURG, COLORADO Christina Fernandez, Town Clerk 140 SOUTH MAIN P.O. BOX 312 KEENESBURG, COLORADO 80643 PHONE 303-732-4281 FAX 303-732-0599 -.I) rtd1' Co, he ifriA.C) (ojozejzi3 c• -e/ SO on)) PLITP1144)/efaut (1-P9) 'PLOW+ oz IDDI Pik! IEPYIASizi 0>1. id go Gi s C56 ic7P) GencQrivicti65 - 0O(z5)/t3 2023-2836 RESOLUTION NO. 202341 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF KEENESBURG, COLORADO, KNOWN AS THE BOOMER ANNEXATION TO THE TOWN OF KEENESBURG, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Boomer Annexation to the Town of Keenesburg has been filed with the Town Clerk of the Town of Keenesburg, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by this resolution its findings with regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, COLORADO: Section 1. The petition, the legal description for which is set forth in Exhibit A attached hereto and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under C.R.S. § 31-12-107(2). Section 3. No additional terms and conditions are to be imposed except any provided for in the petitions. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §§ 31-12-104 and 31-12- 105, and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Keenesburg Town Hall, 140 S. Main, Keenesburg, Colorado 80643, on Monday, October 16, 2023 at 6:00 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Christ' andez, To Clerk Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Keenesburg, and will pass one or more ordinances zoning the subject property if requested in the petition. Section 8. Resolution No. 2023-39 is hereby repealed. INTRODUCED, READ, and ADOPTED this 21st day of August, 2023. Aron Lam, Mayor ATTEST: 2 EXHIBIT A BOOMER ANNEXATION LEGAL DESCRIPTION BEING A PART OF THE NORTHEAST 2/4 OF SECTION 27, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BASIS OF BEARING: THE WEST LINE OF THE NORTHEAST 2/4 OF SECTION 17, TOWNSHIP z NORTH, RANGE 63 WEST AS BEARING NORTH 00°32'33" WEST BETWEEN THE FOUND MONUMENTS AS SHOWN ON THIS SURVEY, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 17, NORTH 88°59'49" EAST A DISTANCE OF 752.90 FEET ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 398; THENCE ALONG THE SAID SOUTHEASTERLY RIGHT OF WAY LINE, SOUTH 23°50'16" WEST A DISTANCE OF 2821.44 FEET; THENCE DEPARTING SAID SOUTHEASTERLY RIGHT OF WAY LINE, NORTH 00°32'33" WEST A DISTANCE OF 1652.97 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 24.27 ACRES, MORE OR LESS. 3 ANNEXATION PETITION TO THE MAYOR AND BOARD OF TRUSTEES OF THE TOWN OF KEENESBURE, COLORADO: The undersigned, in accordance with Title 31, Article 12, Chapters 101 et.seq., Colorado Revised Statues, hereby petition the Board of Trustees of the Town of Keenesburg for annexation into the Town of Keenesburg the unincorporated territory, the legal description of which is attached hereto as Exhibit A and incorporated herein by this reference, located in the County of Weld and State of Colorado, and to be known as the Boomer Annexation to the Town of Keenesburg. In support of this petition, the petitioner (s) further state to the Board of Trustees that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the Town of Keenesburg. 2. The requirements of Section 31-12-104 and 31-12-105 of the Colorado Revised Statutes as amended, exist or have been met in that: a. Not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Keenesburg or will be contiguous with the Town of Keenesburg within such time as required by Section 31-12-104.. b. A community of interest exists between the territory proposed to be annexed and the Town of Keenesburg. c. The territory sought to be annexed is urban or will be urbanized in the near future. d. The territory sought to be annexed is integrated with or is capable of being integrated with the Town of Keenesburg. e.. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or tokpz@rtebb.net more contiguous tracts or parcels of real estate, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. The territory proposed to be annexed does not include any area which is the same or substantially the same area in which an election for an annexation to the Town of Keenesburg was held within twelve months preceding the filing of this petition. h. The territory proposed to be annexed does not include any area included in another annexation proceeding involving a town other than the Town of Keenesburg i. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. j . The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Keenesburg more than three miles in any direction from any point of the boundary of the Town of Keenesburg in any one year. k. The territory proposed to be annexed is 14.27 acres in total area. I. Prior to completion of the annexation of the area proposed to be annexed, a plan will be in place, pursuant to Section 31-12-105(1)(e), C.R.S., which generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, and sanitation to be provided by the Town of Keenesburg; including the providers of transportation, light, natural gas, and power, and the proposed land uses for the area; such plan to be updated at least once annually, m. In establishing the boundary of the area proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the area annexed, and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Keenesburg but is not bounded on both sides by the Town of Keenesburg. 3. The owners of more than fifty percent (50%) of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. The signatures on this petition comprise one -hundred percent (100%) of the landowners of the territory to be annexed and said landowners attesting to the facts and agreeing to the conditions herein contained will negate the necessity of any annexation election. 4. Accompanying this petition are four copies of an annexation map as well as an electronic file that will contain the following information: a. A written legal description of the boundaries of the area proposed to be annexed, in the form of a title commitment issued within 30 days of the application date; tokpz@debb.net A map showing the boundary of the area proposed to be annexed said map prepared by and containing the seal of a registered engineer; c. A surveyor's certificate prepared by a registered land surveyor that attests to the preparation of the map and certifies at least one -sixth (1/6) contiguity to the Town of Keenesburg. d. Within the annexation boundary map, an identification of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks. Also within the boundary map, identification of any special districts the area proposed to be annexed may be part of. e. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Keenesburg and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. f. A full legal description of property to be annexed in word format. g. A tax certificate showing all taxing entities. h. Mineral owner's notification certificate. i. Acceptance block describing the acceptance action by the Mayor on behalf of the Town of Keenesburg and providing for the effective date and Town Clerk attest signature. 5. Upon the annexation ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Keenesburg, except for general property taxes of the Town of Keenesburg, which shall become effective as of the January 1 next ensuing. 6. The zoning classification requested for the area proposed to be annexed is Heavy Industrial (HI) 4 The petitioners agree that said annexed land shall be brought under the provisions of Chapter 16 of the Keenesburg Municipal Code within ninety (90) days from the effective date of the annexation ordinance. 7. There shall be no duty or obligation upon the Town of Keenesburg to furnish water or sanitary sewer facilities to the area proposed to be annexed. Such services will be provided at such time, in the sole discretion of the Town, when such services for water and sanitary sewer can be economically and reasonably installed to service a sufficient number of inhabitants within the area so as to make the construction and establishment of such services feasible and at no additional cost for the same or similar type of services provided to inhabitants within the existing corporate limits of the Town. 8. If required by the Town, an annexation agreement has been or will be executed by the petitioners herein and the Town of Keenesburg relating to this annexation and the petitioners hereby expressly consent to the terms and conditions set forth in the annexation agreement. tokpz@rtebb.net 9. The petitioners agree to the following terms and conditions, which shall be covenants running with the land, and which may, at the option of the Town, appear on the annexation map: a. Water rights shall be provided pursuant to Town ordinance. b. All conditions set out in the annexation agreement executed by the petitioner. c. Other: THEREFORE, the petitioners, whose signatures are on the signature sheet on the next page, respectfully petitions the Board of Trustees of the Town of Keenesburg to annex the territory described and referenced to in Exhibit "A" to the Town of Keenesburg in accordance with and pursuant to the statues of the state of Colorado. tokpz@rtebb.net net AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That (he or she) was the circulator of the foregoing Petition for Annexation of lands to the Town of Keenesburg, Colorado, consisting of pages, including this page and that each signature thereon was witnessed by your affiant and is the true signature of the person whose name it purports to be. Circulator ACKNOWLEDGEMENT STATE OF COLORADO Iss COUNTY OF ,/\IEO7 tan day of My commission expires on: 4, The above and foregoing Affidavit of Circulator was subscribed and sworn to before me this 20 Witness my hand and official seal. 4-I — zaci5 KARILYN BAUGHMAN 01 NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174032330 MY COMMISSION EXPIRES AUGUST 1, 202t3doress (SEAL) tokpz@rtebb.net Cal ey . Ca g9(of Land Owner Is) Name (s) and Signature Is) Mailing Address Date Ryan L. ostetler 3050 67th Avenue Suite 200, PrinteiN Signature Printed Name Signature Printed Name Signature Printed Name Signature Printed Name Signature Printed Name Signature tokpz@rtebb.net Greeley, CO 80634 4a:3 EXHIBIT A BEING A PART OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BASIS OF BEARING: THE WEST LINE OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 2 NORTH, RANGE 63 WEST AS BEARING NORTH 96°32'33" WEST BETWEEN THE FOUND MONUMENTS AS SHOWN ON THIS SURVEY, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 17, NORTH 88°59'49" EAST A DISTANCE OF 751.90 FEET ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 398; THENCE ALONG THE SAID SOUTHEASTERLY RIGHT OF WAY LINE, SOUTH 23°59'16" WEST A DISTANCE OF 1821.44 FEET; THENCE DEPARTING SAID SOUTHEASTERLY RIGHT OF WAY LINE, NORTH 9032'33" WEST A DISTANCE OF 1652.97 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 14.27 ACRES, MORE OR LESS. Boomer Annexation to the Town of Keenesburg Impact Report Project Description The property owner, Ryan L. Hostetler is proposing annexation of 14.27 acres that includes with a segment of CR 398 rights -of -way to the Town of Keenesburg and initial zoning to Heavy Industrical (HI). The properties is located adjacent to CR 398. (see below annexation map with vicinity map and other attached documents for more detailed information) Annexation Vicinity Map VICINITY MAP 1" = 2000' Town Utility Services The property to be annexed is to be served by Town Services. Project Districts WELD COUNTY SCHOOL DIST RE3J-KEENESBURG LOST CREEK GROUNDWATER MANAGEMENT DISTRICT SOUTHEAST WELD FIRE PROTECTION DISTRICT AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY DISTRICT SOUTHEAST WELD CONSERVATION DISTRICT School District Impact The school district is Weld County RE -33. The annexation does not include a land use proposal at this time. Proposed industrial zoning should not have any negative impact to the School District. The School District will continue to receive referrals for comment throughout the development process. Attachments: 1. Keenesburg Future Land Use Plan 2. Applicant narrative for annexation and zoning request 3. Annexation petition & map II LEGEN AGRICULTURAL (AG) RESIDENTIAL (R) MIXED USE (MU) HIGHWAY COMMERCIAL (HC) INDUSTRIAL (ID) OPEN SPACE (OS) COMMERCIAL BUSINESS DISTRICT KEENESBURG TOWN BOUNDARY GROWTH BOUNDARY TOWN, COUNTY, STATE ROADS AND INTERSTATES PARCEL _INE RAILROAD SLAKES, PONDS & RESERVOIRS DATA SOURCES: WELD COUNTY GIS, UNITED STATES DEPARTMENT OF AGRICULTURAL (USDA) KEENESBURG LAND USE PLAN MAY 2022 351 LINDEN ST, SUITE 100 FORT COLLINS, CO 80524 970-232-9558 PROFESSIONAL ENGINEERING CONSULTANTS, PA. vMw,pec1.com PROJECT SHEET NO.: SCALE.: DATE: REVISION NO.: 217056-000 1of1 11=7,000' 05/01122 AGPROfessionals DEVELOPERS OF AGRICULTURE Annexation & Zoning Narrative Keenesburg Annexation & Zoning Application Prepared for Ryan Hostetler AGPROfessionals DEVELOPERS OF AGRICULTURE Boomer Annexation and Initial Zoning Project Narrative Prepared for Ryan Hostetler Introduction Ryan Hostetler is requesting the annexation and zoning of one 10.39 -acre parcel located in Section 17, Township 2 North, Range 63 West of the 6th P.M., Weld County, Colorado. The property is west of County Road (CR) 398, approximately half a mile east of Interstate Highway I-76 (I-76) and is adjacent to the EWS Minor Subdivision and EWS Annexation No. 4. The total annexation area is approximately 14.27 -acres, including the right-of-way for CR 398. The subject property is eligible for annexation and capable of integration into the Town of Keenesburg. The zoning request is for the Heavy Industrial (HI) District to be consistent with the HI zoning of the adjacent EWS parcel. The site is within an area designated for industrial use on the Keenesburg Land Use Plan Map, dated September 27, 2019. A request to include this parcel in the Business Park/Industrial area with the current Comprehensive Plan update has been submitted. A copy of the request letter is included with the application materials for reference. Description of Site The subject property consists of one contiguous parcel currently zoned in Weld County as Agricultural. The parcel is described below and is shown in Figure 1. Parcel: Parcel Number: Legal Description: Owner: Address: Project Name: 130317300022 PT NE4, Section 17, Township 2N, Range 63W Hostetler, Ryan L. Not assigned Boomer Annexation & Zoning ENGINEERING, PLANNING, CONSULTING & REAL ESTATE HQ & Mailing: 3050 67th Avenue, Suite 200, Greeley, CO 80634 1970.535.9318 office 1970.535.9854 fax Idaho: 213 Canyon Crest Drive, Suite 100, Twin Falls, ID 83301 1208.595.5301 www.agpros.com Page 2 of 4 Figure 1 The property consists of non -irrigated range land. Surrounding Uses The property is east of and adjacent to the Keenesburg EWS Minor Subdivision, zoned Heavy Industrial. The Boomer Annexation is also located adjacent to a transloading facility located in unincorporated Weld County. The HI zoning is consistent with the adjacent EWS Minor Subdivision HI zoning. Adjacent land uses are described below: North: Weld County Ag Zone, range land Southeast: Plains Marketing LP mineral resource development and transloading facility Southwest: EWS #4 DJ Basin, LLC Keenesburg Heavy Industrial (HI) Rocky Mountain Midstream, LLC Keenesburg Heavy Industrial (HI) The site is accessed from CR 398. Page 3 of 4 Code Compliance, Compatibility, and Statement of Community Need The subject property is eligible for annexation and capable of integration into the Town of Keenesburg. The annexation area is less than three miles from the Town of Keenesburg's municipal boundaries. More than one -sixth of the property is contiguous to the Town of Keenesburg's municipal boundaries. Annexation proceedings have not been commenced by another municipality. Additionally, a community of interest exists between the area proposed to be annexed and the Town of Keenesburg. The site is in an urbanizing area and is adjacent to properties recently annexed into the Town of Keenesburg. The zoning request is consistent with the Heavy Industrial zoning of the EWS Minor Subdivision development. The site is located on CR 398, which is also known as the Interstate Highway I-76 frontage road. Interstate Highway I-76 can be accessed from the site by heading either north or south on CR 398. Industrially zoned parcels will contribute to the economic development of the area. The site is in an area designated for industrial use on the Keenesburg Comprehensive Plan Land Use Plan Map, dated September 27, 2019. A request to include this parcel in the Business Park/Industrial area with the current Comprehensive Plan update has been submitted. A copy of the request letter is included with the application materials for reference. Districts and Services Districts within the area to be annexed include: • Lost Creek Ground Water • Southeast Weld Fire Protection District • Weld Central RE -3(J) School District • Southeast Weld Conservation District • High Plains Library District Septic systems are expected with site development unless a wastewater main is extended adjacent to the site, sanitary taps are purchased, and appropriate infrastructure installed. The subject property is within United Power's and ATMOS Gas' service areas. It is unknown if the Town of Keenesburg has plans for extending or providing municipal services to the area to be annexed. Police protection is currently provided by the Weld County Sheriff's Department. Future police protection will be determined by agreements with the Town of Keenesburg. The property is Page 4 of 4 expected to remain included in the Southeast Weld Fire Protection District. The annexation and zoning are not expected to impact the school district governing the area to be annexed. No existing water rights are associated with this site. The purchase of a water tap and adequate dedication of water rights is expected with future site development. Soil Limitations, Hazards, and Environmental Clearances The majority of the soil is Osgood sand consisting of 0 to 3 percent slopes and Valent sand consisting of 3 to 9 percent slopes. The site is suitable for Small Commercial Buildings (defined as less than 3 stories, no basement, and shallow foundations) and is expected to be suitable for industrial buildings. Further geotechnical testing should be completed prior to construction and site engineering. A Natural Resources Conservation Service (NRCS) Custom Soil Report and Small Commercial Building Soil Survey Report are included with the application materials. The site is not located with a floodplain, geologic hazard overlay district, or airport overall district. No environmental clearances are anticipated with the annexation and zoning request. Conclusion The subject property is eligible for annexation and capable of integration into the Town of Keenesburg. The property is within Keenesburg's Growth Management Area. The proposed zoning is consistent with the planned industrial zoning in the area. The proposed annexation and zoning will conform to applicable Town of Keenesburg zoning regulations and standards. BOOMER ANNEXATION TO THE TOWN OF KEENESBURG BEING A PART OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE 6TH P.M., WELD COUNTY, CO \ i i I 1 s a 4 w NE ODR, C 17, T2N. 1463W FOUND NO 6 rlaAA WA IA' BlASA GNP. 5TIMPED•BAMUPIE ENG COMP 2011 T2N P63W 98 Si 817 810 pL5349e5• p4.8 PEA MON AEC DATED OCT 3t S1 tl EDGE a=FCAO e0' ROAN (d( 06, PG 273) PM CO. I Iwri 1.0 .1-11 I t:FAR.¢C.It,'MV, 11M rEJUNJ 40. a (WA IF/1 in ALLY. VII". ii0 1444 • ,c4 -let /1 W87?20T7 YEW'yotP'RNOR.are. r rntpp.3I, x� .v.- ..•Po ea.•I7• .w1•• _ .Ttxwr A.nw.Aw..ortiwfv►•• rPru,.tts an ,w WV. Zwe T l E/C3ITED PORTION PEP R"i ACt WHAMS APPROA LOCATION Of A 50 FIGHT Of WAY GMNTIFEC NO 2420069. El /8 &F(C NO 2470071, Ex 19) 0 80 LFGFIAD 0 esZ AND 1 AFI ATT"11 na, lea 40D70ee 1i>Y A:.NS CAMS MAIM A )tsiAt FOLK D SECTi0. CORNEA AS NOTED Front O one- OI:ARTBi COWER AS HOED EOM D PRO'ERTr COWER ROW t•.E EABEM ENT WE SECTION LhE E OJPIDlRY LANE Town OF PEEN ESEAN!G OWYNGU of Baa&DtRr SZN NW3zrw, saST WAS OF MAMMA EY.A PIED PORTION PER EEC NO 42117385 LOT2 EVY5 MINCA SIT10M5/"iN REC NO 4)E)0eO a, LR4PLATIED REC NO 30.)712 \ LEGAL 06SCPPrtO1 BEING APANT CU THE MCATHEIST 1A OF SECTION 17. TOwHUNI 2 NORTH, RANEE W WEST CS ME CH PM. c uwrr OF *FLU VATS OF ca. s O GCMG MOTE PART41LARLY oescsitto At POUOWB: RAIN OF WARHG. T NE writ LINE OF THE HOW NEAOT M OF BEttl01 17. TO" 14(t 2 SCORN. MMOE L3 wEST AS EEASH6 N ORM CORD WEi7 Ef1W6N THE POUND realuMBRS AS OWN OT The WPM,' AROHIM Au COMM B6MRNas C041ANW 440EO RELATIVE THERETO BIWINND AT THE /FORTH 1Pt CORNER CF SAD secTIOI 17. NORTH Ir39Rr EAST A CATANCE OF 7S 1.c FEET ALO(O P41 NORTH L WO OF THE NO4MEASf IA OF EAIO SECTIO4 T 0 THE SOUTHOSTBILY ROil (FRAY I. NE CF CO)NVV 'ICAO In MINCE KONG ".1 E MID SOLIMEActat hair COMMUNE.. 9OJi N 2:►SD1r w EST A CISTANC E OF Dtt MEW, MNENGE DEFARTh6 EIAET t4Y IT NV -ART -AIM V Er OF VAT IDII. MaiN nPWI'C7 A D16TANGE OF HZ LII Mr, MM:11E CA IEYE. TO THE FONT Cf BEGIN NNO. CO(TANIN0 A CALCULATED AREA OF 14 D AWES MICFE CA LEN SURVEY ORS NOTES SAAB OF MANE MIMEO LPN OfTNI MORINO St :4 CO EELT.)Et 17. TOWNSHIP 2NgLTH ROME la ‘4147 AS BEARMD MOITH anT3r eES 7 MrsteN THE POUND MS(UNENT IA S SHOWN OM T IM3 SURREY. AMO 1BTTM ALL aI4EP BEARINGS CONTAINED MERIN RELAYS/* T1iERETC 2 ALL DISTANCE MEASUR MERITS a4OPN A RE II US SUCWW F(AOT FOINO r YELLOW Pu4anc CAP, STAMPeola,leM• ANNET ATPN TOTAL DOUNDNTY= 4OE 72 FEET CCNDELICVSBOWDAAY= 16529 ?FEET 1/6 OF TOTAL BOUNDAFTI:r 704 Si FOR AND al moo OF AOPItattsa.AIS a a 4 .411 MOIL 5 • 381 ZSI Hag. A •ftht10T000.0MDD LAW YOU MUST COMMENCE MIY LEGAL ACTON MSf.D UPON ANY new IN MC SUMPV WITHIN THTE3< IEARI AMMON RAT pSCONWED WO. SECT IN NO EVENT MAT ANt ACT CS SASS) UPCF1 Alf/ DEFECT M COWMEN CEO MOW TIMM TEN YEARS PROM THE CAATE 04 GEATT1t AT ION 9004 HS 401 Ow SEAS APPRO.* L IMO• ALL ha Witt,* itt,* mildew tit 1,U1 T EM L. NO[IE7tal BEMs ME 501 OSN9t OF ME LAND DESCP HEREON.Etat.1WIN0 Pale AUNTS OFNRY, HAVE O1U[ED THE LAND Mae HEREON TOME ANNEXED UNDER THE NAME OF BOOM ANNEUUATIO(1OTNETO,N OFNE38PIE9IURO RYAN L HOBtnLM STATE CF DOIOMOC COUNTY COWELL) ELL) ME FORiG0NO CEn7FCA? RCN WA! . AWI0AtEDGEORET Y• E ME 'HI:OAY OF P WITNESS /M NAND ANO CFFSAI SEA1 NOARY PUBLIC MAY C04•416OCh WIPES 7 O44'14 OP PIEEMESE.IRO ACCEPTANCE THIS IS OCE1ttPY THAT BOOAERANNEXATION TOME TOON OF IE91IYSIIIIG WAS APPROYIDTHR-DAY Ci 17 N O1OIWSC1 NO. AND THAI 714f Mar CA OFTNE TOPN OF •'E®IESBIIP D. 44 EI4MF OF THE TOWN Of IOEFIESBUAG NEREIY 40940AM1R?OE5 SAD ANNSUTO411PO44Noo MI rani nATE IS P+O!~0 FCA Alt RIPirgi% 'H'OOTED MERE01 MAY al ATTEST tOsr.Of9K AIA/ES CRS GEM FEA'E I. MOE R WALAIW A PEaetdiEDPRORES51ONt LUPO OWIAMSY0A N ME STATE OF C:aOUD0 OONEPUI CEItwo MAY THE a,SEY REPRESENT EDGY TH16 PLAT WAS MADE UNDERPIN ►BIEONAL BLIR'OMIBICEI. 4440 THAT INIB NAT SAN A =RATE RIEPRESENTAT ION THEREOF I RRIRT HEN CERTIFY THAT THE PURVEY ANOTNI MAT COOLIES WILL ALL APP. CABLE AWES REGULATIONS, AND LAWS CF TUUE STATE OF COLOUi04 RATEIOLAD C P MII0ORATC4 FOR FROESP0NAL ENSMEEIIK AND PROFESSIONAL LAND ROWPKINB. ANOWELL) C iNTY 2r 3QA ROLE 4 WALKER - DATE CO.OAOMOST MT 04 • SO -II -1 '1''Xw, 2K: r NZi/I M.'S:wn. pr -IA:. t ›i AI UN, CA) ale 44'40 `.Lt* MI M; 1 4IDJ rt'ev SIT 2RA LS IN,!P N: ►t1 WO J. ntC. x100 APa. VICINITY MAP i• ■ :.000 DATE No 10 ?ORS OIMMIOR PO► O IRISES A R FD 44 AGPROfessionals DEVELOPERS Ot• AGRICULTURE HQ. 3050 67th Avenue, Suite 200, Greeley, CO 90831 (970)535.9318 - f roc (97q 535989 ID 213 Canyon Gest Dr, Suite 100, Twin Fells. ID 83301 (208)595-5301 BOOMER ANNEXATION SECTION 17, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE 6TH P.M., WELD COUNTY, CO DATE 05.1822 JOB PC) 1345 -it SHE£ 1 oft ANNEXATION PETITION TO THE MAYOR AND BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, COLORADO: The undersigned, in accordance with Title 31, Article 12, Chapters 101 et.seq., Colorado Revised Statues, hereby petition the Board of Trustees of the Town of Keenesburg for annexation into the Town of Keenesburg the unincorporated territory, the legal description of which is attached hereto as Exhibit A and incorporated herein by this reference, located in the County of Weld and State of Colorado, and Annexation to the to be known as the Boomer Town of Keenesburg. In support of this petition, the petitioner (s) further state to the Board of Trustees that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the Town of Keenesburg. 2. The requirements of Section 31-12-104 and 31-12-105 of the Colorado Revised Statutes as amended, exist or have been met in that: a. Not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Keenesburg or will be contiguous with the Town of Keenesburg within such time as required by Section 31-12-104.. b. A community of interest exists between the territory proposed to be annexed and the Town of Keenesburg. c. The territory sought to be annexed is urban or will be urbanized in the near future. d. The territory sought to be annexed is integrated with or is capable of being integrated with the Town of Keenesburg. a. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or tokpz@rtebb.net more contiguous tracts or parcels of real estate, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. The territory proposed to be annexed does not include any area which is the same or substantially the same area in which an election for an annexation to the Town of Keenesburg was held within twelve months preceding the filing of this petition. h. The territory proposed to be annexed does not include any area included in another annexation proceeding involving a town other than the Town of Keenesburg i. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Keenesburg more than three miles in any direction from any point of the boundary of the Town of Keenesburg in any one year. k. The territory proposed to be annexed is 14.27 acres in total area. Prior to completion of the annexation of the area proposed to be annexed, a plan will be in place, pursuant to Section 31-12-105(1)(e), C.R.S., which generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, and sanitation to be provided by the Town of Keenesburg; including the providers of transportation, light, natural gas, and power, and the proposed land uses for the area; such plan to be updated at least once annually. m. In establishing the boundary of the area proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the area annexed, and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Keenesburg but is not bounded on both sides by the Town of Keenesburg. 3. The owners of more than fifty percent (50%) of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. The signatures on this petition comprise one -hundred percent (100%) of the landowners of the territory to be annexed and said landowners attesting to the facts and agreeing to the conditions herein contained will negate the necessity of any annexation election. 4. Accompanying this petition are four copies of an annexation map as well as an electronic file that will contain the following information: a. A written legal description of the boundaries of the area proposed to be annexed, in the form of a title commitment issued within 30 days of the application date; tokpz@rtebb.net b. A map showing the boundary of the area proposed to be annexed said map prepared by and containing the seal of a registered engineer; c. A surveyor's certificate prepared by a registered land surveyor that attests to the preparation of the map and certifies at least one -sixth (1/6) contiguity to the Town of Keenesburg. d. Within the annexation boundary map, an identification of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks. Also within the boundary map, identification of any special districts the area proposed to be annexed may be part of. e. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Keenesburg and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. f. A full legal description of property to be annexed in word format. g. A tax certificate showing all taxing entities. h. Mineral owner's notification certificate. i. Acceptance block describing the acceptance action by the Mayor on behalf of the Town of Keenesburg and providing for the effective date and Town Clerk attest signature. 5. Upon the annexation ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Keenesburg, except for general property taxes of the Town of Keenesburg, which shall become effective as of the January 1 next ensuing. 6. The zoning classification requested for the area proposed to be annexed is Heavy Industrial (HI) The petitioners agree that said annexed land shall be brought under the provisions of Chapter 16 of the Keenesburg Municipal Code within ninety (90) days from the effective date of the annexation ordinance. 7. There shall be no duty or obligation upon the Town of Keenesburg to furnish water or sanitary sewer facilities to the area proposed to be annexed. Such services will be provided at such time, in the sole discretion of the Town, when such services for water and sanitary sewer can be economically and reasonably installed to service a sufficient number of inhabitants within the area so as to make the construction and establishment of such services feasible and at no additional cost for the same or similar type of services provided to inhabitants within the existing corporate limits of the Town. 8. If required by the Town, an annexation agreement has been or will be executed by the petitioners herein and the Town of Keenesburg relating to this annexation and the petitioners hereby expressly consent to the terms and conditions set forth in the annexation agreement. tolipz@rtebb.net 9. The petitioners agree to the following terms and conditions, which shall be covenants running with the land, and which may, at the option of the Town, appear on the annexation map: a. Water rights shall be provided pursuant to Town ordinance. b. All conditions set out in the annexation agreement executed by the petitioner. c. Other: THEREFORE, the petitioners, whose signatures are on the signature sheet on the next page, respectfully petitions the Board of Trustees of the Town of Keenesburg to annex the territory described and referenced to in Exhibit "A" to the Town of Keenesburg in accordance with and pursuant to the statues of the State of Colorado. tokpz@rtebb.net AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That (he or she) was the circulator of the foregoing Petition for Annexation of lands to the Town of Keenesburg, Colorado, consisting of pages, including this page and that each signature thereon was witnessed by your affiant and is the true signature of the person whose name it purports to be. ACKNOWLEDGEMENT STATE OF COLORADO /) COUNTY OF V v eA- )ss f-5The above and foregoing Affidavit of Circulator was subscribed and sworn to before me this 2idayof Guk&-h ,20 Z 3 Witness my hand and official seal. My commission expires on: � ( ` Z6Z5 KARILYN BAUGHMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174032330 MY COMMISSION EXPIRES AUGUST 1, 2025 (SEAL) otary 305-U 41" fir,4• Address ffe ZOO, i- t; Co at,...V tokpz@rtebb.net Land Owner tsl Name Island Signature Ist Mailing Address Date Ryan Hostetler 3050 67th Avenue Suite 200, Printed Nam �r.r•- Greeley, CO 80634 Signature Printed Name Signature Printed Name Signature Printed Name Signature Printed Name Signature Printed Name Signature tokp¢@rtebb.net EXHIBIT A BEING A PART OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BASIS OF BEARING: THE WEST LINE OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 2 NORTH, RANGE 63 WEST AS BEARING NORTH 00°32'33" WEST BETWEEN THE FOUND MONUMENTS AS SHOWN ON THIS SURVEY, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 17, NORTH 88°59'49" EAST A DISTANCE OF 751.90 FEET ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF COUNTY ROAD 398; THENCE ALONG THE SAID SOUTHEASTERLY RIGHT OF WAY LINE, SOUTH 23°50'16" WEST A DISTANCE OF 1821.44 FEET; THENCE DEPARTING SAID SOUTHEASTERLY RIGHT OF WAY LINE, NORTH 00°32'33" WEST A DISTANCE OF 1652.97 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 14.27 ACRES, MORE OR LESS. Hello