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Home My WebLink About20220799.tiffBraid Annexation to Town of Keenesburg Impact Report Project Description [DECEIVED MAR 0 7 2022 WELD COUNTY COMMISSIONERS The property owner, Richard I. Roaertson is proposing annexation to the Town of Keenesburg and zoning the 51 acre property Agricultural. There is nct any additional proposed land use of the property at this time. The property owner desires to retain the agricultural and residential uses of the site. The property is located south and adjacent to Interstate 76 and north of CR 398 with access onto CR 398. CR 398 has already been annexed to the Town through a prior annexation. Vicinity Map WELD COUNTY jar iNi ,MArrINCi p•'et• •. kr[f br r, - -- • flirt,AVIYwY.Y u.--: :r 1 . 1 N ' r ►1 ,' 1 , 3,779.7 WGS_1984_Web_Mercator_Auwliary_Sphere r} Weld County Colorado Pu6Ic Revrev) 3/423/22. 1,889.85 3,779.7 Feet This map is a user generated static output from an Internet mapping site and is for reference only Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Cc•.So RS)PLCM, CM(TPlgT/W), PER/cH/EP), ASRCDK/.TtAGTSCS6) 3/tg/22 Batt Caiins legend Parcels Highway County Boundary 2022 - o7°I9 Town Utility Services The property to be annexed doesn't have any proposed land use at this time and will not require the extension of Town of Keenesburg potable water or sanitary sewer services, and thus requires no corresponding financing. Water and sewer service may be extended at the developer's expense should the services be necessary. Existing County Road 398 is an improved road. Water Distribution Map Caws i wacutnime . 4Tt REVISIONS 00011191011 sn:1aN NIA VICACI TIM SW 0.e we •106. mown nf[1LO IT it SIS la Al nil 4 TOWN OF KFENESSI# G WATER SYSTEM MAP DC.. tale* aim RYK� r+;. rac Sr TELEST© Sanitary Sewer M a p IM -Is Mee efoli Is Si IM M J' CO 10442 rm I /ANNA ICO / Sill •014114-4k_ IN a• loo -1 r CO i is NI • «=Yn moo • co WH we\ -NNW 35 30 1 1 WWI MAW WN s III IN0y NON n• 2114111 .--104 It Iw WWI SA .W WWV womel ass. .ce-WN Iota I- �r S]MTION INIb; ti MAM a f _,. CIEAMOUT MAIIQE TRIO C7 WWa0IE WITH GATE VALVE RETWFFH MANHOLE MC IEADNda09 S RIMED NOTES I ALL SEWER LIES ARF r DIAINTERIN F4`, NOTED OTHERWISE 2 WI' REFUCTS SOWER 01b SYSTEM .—bas r rY— r t• • • i M alas a I I Tass r • a - ass • .—/— S arm Swan • a� is I re i a ale - r ..� I.- • —. s OM - aim alas w— •ra— a.� r WOWS% — -O a moan. Wa --a .rte • • • • I • • I • i • I • 1 • I • ••IWa �i -W Maim • S I ... • S M MOS ems i •— i •— i r. • Y -- .iii . -a • ..-._ a. Mr. aai i aa— ram VOWS - I •. I •- i I r •. •.— .Y— Waa i • • • .i— • Y i.iu Y • Sala - •— wr • - r • ens I . r. W—. t_. a T r ••a ✓ I • ea. , Project Districts WELD COUNTY SCHOOL DIST RE3J-KEENESBURG CENTRAL COLORADO WATER SOUTHEAST WELD FIRE PROTECTION DISTRICT AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY SOUTHEAST WELD CONSERVATION School District Impact TFrit+Non S V -1 •rises - 4 1 • C• II7W0.1 t l A •r. • caw sect an. S ISMS ani w r.ec•n n CI SEWER SYSTEM MAP Man a. we ...WW . W 1 TELESTO -IS The school district is Weld County RE -3J. There is no foreseen impact on the school district by the annexation and zoning of the property. Any potential impact of development of the property would be evaluated as part of a future development review. Attachments: 1. Keenesburg Future Land Use Plan 2. Applicant's narrative 3. Annexation petition & maps 4. Annexation agreement AP *MAMMA LEGEND 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 LINE RAILROAD LAKES, PONDS & RESERVOIRS DATA SOURCES. WELD COUNTY GIS, UNITED STATES DEPARTMENT OF AGRICULTURAL (USDA). N ENGINEERFIVG CONSULTANTS, 127 S. Denver Avenue, Ft. Lupton CO 80621 fric� 2501 Mill St. Brush, CO 80723 Ph. 303-913-7341, Fax 720-294-1330 Email: chadwin.cowesterneci.com December 23n°, 2021 Town of Keenesburg 140 S. Main St Keenesburg, CO 80643 RE: BRAID ANNEXATION -29989 WCR 398 -SUBMITTAL NARRATIVE Dear Town Staff, Western Engineering Consultants has prepared this letter on behalf of Richard Robertson who desires the annexation f his proaddress located 8in CR 398, part of ee Keenesburg, CO 80643, Weld County parcel No. 1305theast Quarter of Section 24, Township 2N, Range 24000026 of Weld. Property address is The subject property is located north and adjacent to parcel No. 130524400042 that is already located within the Town of Keenesburg, which enables the proposed annexation to meet State contiguousness criteria. Annexation proceedings have not been commenced with any other municipality. This letter is intended to serve as the Project narrative (Annexation Item #6). General Information and Brief Project Description: Applicant: Site Plan Address: Phone Contact: Current Land Use: Change in Use: Richard I. Robertson 8537 WCR 51 Keenesburg, CO 80643 29989 WCR 398, Keenesburg, CO 80643 Weld County Parcel # 130524000026 Richard Robertson @ 303-961-0031 Existing Residence and Farmland None Currently Proposed — applicant's daughter has moved into the existing residence. Future request may include a minor subdivision for single family homes for the applicant's other children (up to three 3 single family Ag residences). Description of new use: No change of use is proposed. Detailed Description: The overall property is 51 acres. Braid Annexation Narrative December 23', 2021 Western Engineering Consultants inc LLC Page 2 of 5 Highway 76 eastbound lies to the north and west, Wild Country RV Park (Commercial Highway Zone) is adjacent to the south property boundary. Ag zoned Farm ground lies to the east and southwest, and WCR 398 fes farther south (south of the RV Park). There is an existing residence with an attached garage, a 3,753 sq ft barn, and one 1,560 sq ft metal building. 6) Annexation Impact Questions a.) Soils Description b.) Known hazards c.) Preliminary Utility Plan d.) Affidavit concerning water e.) Statement on Community need f.) Effect of annexation on Schools Owner Civil Engineer: Land Surveyor: Traffic Engineer. See attached NRCS Soil data. None known to exist. Buried electric exists within WCR 398 right of way Existing Water well, Permit No. 245722 Septic (OSWTS) permit No.0200383 Propane gas is currently used for existing house. Enclosed Additional tax base and inclusion of existing community members. None immediately Potentially 2 other single family residences in the future. Richard I. Robertson 8537 WCR 51 Keenesburg, CO 80643 Western Engineering Consultants 127 South Denver Avenue Ft Lupton, Colorado 80643 303-913-7341 Chadwin Cox PE American West Land Surveyors 331 South 4th Avenue Brighton, Colorado 80601 303-659-1532 Curtis Hoos PLS Sustainable Traffic Solutions 823 West 124th Drive Westminster, Colorado 80234 303-589-6875 Joe Henderson PE PTOE Braid Annexation Narrative Western Engineering Consultants inc LLC Geotechnical Engineer: Electrical Engineer: Drainage Engineer: Total Property Area: High Plains Engineering 555 Main Street Hudson. Colorado 80642 303-57-9280 Tod Schroeder PE To Be Determined Western Engineering 127 S. Denver Avenue Ft. Lupton. Colorado 80643 303-913-7341 Chadwin Cox PE 51 Acres (2,221,560 sf) December 23'd. 2021 Page 3 of 5 COMPREHENSIVE PLAN: The current Land Use Plan- recently updated for this area shows the property as Industrial. The proposed use will remain as is- rural farmland and the current expected future use will be the same. An amendment to the Comprehensive plan for this historic farm can be completed if necessary. See Fig 1 Comprehensive Plan Map Town of Keenesburg Comprehensive Plan Map 7-Keemesburg Pkwy (Future) Robertson Annexation J -c--;"' "( - r aro r I I I 71-'1 Town of Keenesburg II _1 -Lr I r LEGEND 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 LINE RAILROAD 411. LAKES, PONDS & RESERVOIRS DATA SOURCES WELD COMITY GIS, UNITE: STATES DEPARTMENT OF AGRICULTURAL (USDA) KEENESBURG LAND USE PLAN AUGUST 2019 420 LINDEN ST, SUITE 110 FORT COLLINS, CO 80524 910232-9556 PROFESS'ONa. ENGNEERNG CONSULTMVTS. PA ffiww.PeCt.can PROJECT: 197056-000 SHEET NO.: 1of1 SCALE: 1"=7,000' DATE: 09/27/2019 REVISION NO.: Fig. 1 Braid Annexation Narrative December 23rd, 2021 Western Engineering Consultants inc LLC Page 4 of 5 PROPOSED ZONE: Agricultural LAND USES: Highway 76 eastbound lies to the north and west, Wild Country RV Park (Commercial Highway Zone) is adjacent to the south property boundary. Ag zoned Farm ground lies to the east and southwest, and WCR 398 lies farther south (south of the RV Park). CONNECTIVITY: The property is directly connected to the Town via an existing access within reserved WCR 61 roadway which is directly connected to WCR 398. ROADWAY NETWORK: The Town has existing roadways to the east and west. PROPERTY INTERFACE WITH ROADWAYS: WCR 398 is the existing adjacent Town public roadway. POTABLE WATER: Water well exists at the property. The Town water system could be extended north from the RV Park or WCR 398 in the future if desired STORM WATER MANAGEMENT: None proposed for existing conditions (1 single family residence and farm). STORM SEWER: On site conveyance are expected to continue as historically have occurred- overland sheet flow to the natural drainageway that runs north through the eastern third of the property. SANITARY SEWER: An OSWTS (septic) system serves the existing residence. GAS AND ELECTRIC: Overhead electric is serving to the property is provided by United Power. Propane gas is currently used. SCHOOL DISTRICT: We contacted the Weld County School District RE -3J Superintendent Greg A. Rabenhorst as required, attached copy of this District's response. Braid Annexation Narrative Western Engineering Consultants inc LLC December 23'x. 2021 Page 5 of 5 FIRE DISTRICT: We have verified that the property is within the Southeast Weld County Fire Rescue district. See Fig 2. Weld County Fire Districts Map. Southeast Weld Fire Protection District BRAID Annexation ANNEXATION APPLICATION CHECKLIST: The following is a summary of the checklist items: 1. Annexation Petition 2. Annexation Narrative letter 3. Application fees and fee deposit Agreement 4. Annexation Map 5. Completed Annexation Agreement 6. Property Title included this document included included included included Pia 2 Please contact me with any questions or comments you may have on our proposal for this project! Sincerely. Western Engineering Consultants inc.. LLC Chadwin F. Cox. P.E. Senior Project Manager End. Annexation submittal documents BRAID ANNEXATION TO THE TOWN OF kEENESBURG J il '',,fi�� x n n I Imo!'" .r-," . / ' k u/Gaa'- "-----,_ 3 ^A. f,.i` mare ' c M` qf.".^21 _l VICINITY MAP 1' - 1500 NOTES ra cerloawrr NOArr.Mt IwAmm adze or mmalnDsAvsuan 'IN yr w nr mN an onnr Emmsmn AY�P.'''�grgag OBE 16¢IN GOgI6ni� gerifl A�111M�] 1��i+RNiW�/p��•y 1Mk CM R9 MM NL mon 9EM h RI. RM OJ0S 11R.Q PE om rlOO OOR PU0.4MM N NE MMS 1G-1- CASH A mR • ®ONM4 II�NODA Tn+NgiD�,,T�F ire.2 a WAWA'. iRi ifs �'or A adl.MW ffS ask Elo nnerea on who eo tun Ice NUT CONR¢ LEGAL Am L Amens Bum06401 Mmnluu0. Mire el O n SIRAY Mild 11I I One e c IiG &I C B MUM. TINY IDI ISM FROI De as wTSmwrn61 WIM g fMenl.WI LrT GRAYNC C6 RWm Mot DISC 1M0 tNye IW�1e0eUO011 RI V60mABoArre f £I NESS bouzo 0 ROnitt%MY or V MSmm a Io r PAM?' i IMUTE � D®uu LEGEND $. .WDUM manor RA WED C. IOUAO LC RUM MRI Rm PLASM W PO VOW 0 FOA0 5/V maw Be, AB mum. or 1719 anneT DO • =am mme w I®R, r♦iI�0L1 1/�A 9EC R] R)11 1 NLNe1W A -- Located in the Northeast 1/4 of Section 24 Township 2 North Range 64 VVest of the 6th P M County of Weld State of Colorado GRAPHIC SCALE 1 -100 0 150 300 450 ROBERTSON—LEWTON ANNEIATION NO 4 nosAtattrdefaalMiaca Sheet 1 of 1 R N M R�>S001'Ap[OV! D" ALi/'1eaM LOT A RE -7864 4me In Aetyw) %masa en 11 OWNER S CERTIFICATE oRilatw.Dum n nlat fHc Ira RDaT t mm va faL MSSAe1M D�'o w° oaoe® ma nn eeetea3 wwluwDCIOW AI Rinr w raw a�m8 ice' �roSaar nm da slant. V V mn '¢ua"i a oowmm. mweFnl m>_wrs e R fFfflVaffia°a. r Agog. &sou¢ Some wym�Ro-ev wee v Rnmue le LLRO; gID[0 A4GACM1ISewp /0 REC6Inis N0 latill S0111) {Ql ID TX[ a 1Mle6 NID BDYIN ILZ A tn61Y6GIMV 100 PMRR CQniR8 L10I.M4 SAIYJL nT M 1110 AMR Lion W ap Be Aserctrirelrene or'BRAT=Iejlei nee TOM OF neeBessiatoe SKIS OF COLOR. COM, OF ne IWRFOONO Lennon OAS A IONNAE1® WORE RE 110 _ Oa 6 BfI wuv6 L ACIMOSON MOMS W Iwo AND n1I1oiL 4M. M I her comes. DRAM TOWN OF KEENESBURG ACCEPTANCE Ten e mOmmere MM evm wnwnm m me lewd w vamenm w AMOCO Oilmenel SURVEYOR'S CERTIFICATE sd_ AttESI Tbn CLEW TeaMw OO pceitN_RSgA1��I�L��/l'y Rf gFIRe' 516Ri WALL. w Mime neie Tea iOINOF InWanCA ) v F COATI 4 NOM 3707I Fon Ho on seeemi MAMSWIM= 01 A ANNEXATION TABLE TOOL P6narile NMI 1/e 0011110100 AMMO, C01mW0 BOUNDATO ISAA3 Fm 096113 eimn„rscarz rod Land Surveying Co A Wl.ab Own* PO On In kV.. CO 00101 b1M-05e-1311 RUS-W-057O canna= I nom er Ore IC = An aAI loon me a Am !01 00 31- I ht 1\SII5MTn.otvn_e41Wi\AACM Ci a1�s169u ANNEXAnON PETITION TO THE MAY OR 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 , • • Trustees of the Town of Keenesburg for annexation into the Town Statues, hereby petition the Board of of Keenesburg ached hereto as Exhibit the unincorporated territory, the legal description of which is attached • located in the County of Weld and State of Colorado, and A and incorporated herein by this reference , to be known as the BRAID Annexation to the Town of Keenesburg. in support petition, of this 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. q 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 th an one -sixth (1/6) of the perimeter of the area proposed to be annexed is contiguou s with the Town of Keenesburg or will be contiguous with the Town of Keenesburg within such time as required by Section 31-12404.. A community of interest exists between the territory proposed to be annexed and o. the Town of Keenesburg. v• future. The territory sought to be annexed is urban or will be urbanized in the near d. The territory sought to be annexed is integrated with or is capable of being integrated with the Town of Keenesburg. P.. No land within the boundary of the territory proposed to be annexed which is held =n 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. , �. 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 parcels contiguous or tracts 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 f. 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 51 acres in total area. Prior to completion of the annexation of the area proposed to be annexed, a plan will oe 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 annuaflk_ 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; 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 Agricultural 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. 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_ Circulator 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 6 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 )ss COUNTY OF WELD ) The above and foregoing Affidavit of Circulator was subscribed and sworn to before me this 23rd day of December 2021 . My commission expires on: Witness my hapd and official seal. c)1`30, /202.3 CARMEN L. Public LDONADO CEDILLO Notary State of Colorado Notary ID # 20194020252 M Commission Ex • ires 05-30-2023 (SEAL) Notary Public Z2Z. C I(V1s vY\A)i Address (0. (2,0624 Land Owner is) Name (s) and Signature (s) Mailing Address Date RICHARD I. ROBERTSON Printed Name 8537 WCR 51, KEENESBURG, CO 80643 State of (010-V0-16 County of `u Signed before me on this -2,2-ova- day of 11flOVAN 72` b Notary Public C Address Z4 , 1Ity6.1t My Commission expires OSl SDitr 13 /2i,f CARMEN L. MALDONADO CEDILLO Notary Public State of Colorado Notary ID #20194020252 My Commission Expires 05-30-2023 EXHIBIT A LEGAL DESCRIPTION According to Old Republic National Title Insurance Company PROPERTY INFORMATION BINDER Order Number: FCIF25194238 Policy No.: PIB25194238.13784629 Dated December 3' , 2021 ALL THAT PART OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., LYING SOUTHERLY AND EASTERLY OF INTERSTATE HIGHWAY 76, RECORDED OCTOBER 15, 1959 AT RECEPTION NO. 1314850, COUNTY OF WELD, STATE OF COLORADO ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into this day of , 20 by and between RICHARD I. ROBERTSON , hereinafter referred to as "Owner," and the TOWN OF KEENESBURG, a municipal corporation of the State of Colorado, hereinafter referred to as "Keenesburg" or "Town." WITNESSETH: WHEREAS, the Owner desires to annex to Keenesburg the property more particularly described on Exhibit "A," which is attached hereto, incorporated herein, and made a part hereof (such property is hereinafter referred to as the "Property"); and WHEREAS, Owner has executed a petition to annex the Property, a copy of which petition is on file with the Town Clerk; and WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following Agreement; and WHEREAS, Owner acknowledges that upon annexation, the Property will be subject to all ordinances, resolutions, and other regulations of the Town of Keenesburg, as they may be amended from time to time; and WHEREAS, Owner acknowledges that the need for conveyances and dedication of certain property, including but not limited to property for ways and easements to Keenesburg as contemplated in this Agreement, are directly related to and generated by development intended to occur within the Property and that no taking thereby will occur requiring any compensation. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Incorporation of Recitals. The parties confirm and incorporate the foregoing recitals into this Agreement. 2. Purpose. The purpose of this Agreement is to set forth the terms and conditions of the annexation of the Property to the Town. Except as expressly provided for herein to the contrary, all terms and conditions herein are in addition to all requirements concerning annexation contained 1 in the Keenesburg Municipal Code, Comprehensive Plan, other development regulations adopted by the Town, and the Municipal Annexation Act of 1965, as amended, C.R.S. § 31-12-101 et seq. 3. Further Acts. Owner agrees to execute, promptly upon request of Keenesburg, any and all surveys and other documents necessary to effect the annexation of the property and the other provisions of this Agreement. Owner agrees to not sign any other petition for annexation of the Property or any petition for an annexation election relating to the Property, except upon request of Keenesburg. 4. Annexation Documents. Owner agrees to provide legal documents, surveys, engineering work, newspaper publication, maps, and reports determined by Keenesburg to be necessary to accomplish the annexation. Owner shall prepare the annexation impact report, which shall be distributed as required law at Owner's expense. 5. Action on Annexation Petition. Keenesburg shall act upon the annexation petition within six months of the date of filing thereof with the Town Clerk, unless Owner consents to later action. 6. Zoning and Development. The parties recognize that it is the intent and desire of Owner to develop the Property in a manner generally consistent with the zoning requested and that the granting of such zoning by the Town of Keenesburg is a condition to annexation of the Property. Owner shall take all action necessary to permit zoning by Keenesburg of the annexed Property within the time prescribed by state statutes. 7. Dedications. Owner agrees to dedicate by General Warranty Deed or appropriate instrument of conveyance acceptable to the Town, twelve percent of the territory to be annexed for public open space or pay an equivalent fee in lieu of dedication, in addition to easements and rights - of -way for streets and other public ways and for other public purposes, as required by Town ordinances and resolutions. Such dedications shall occur immediately upon request of the Town except that internal rights -of -way shall be dedicated at the time of subdivision platting, unless the Town specifies another time. 8. Public Improvements. Owner agrees to design, improve, and provide signage, lighting, and signalization for, all public streets and other public ways within or adjacent to the property in accordance with Town ordinances and resolutions and other applicable standards subject to any reimbursement which may be provided for in such ordinances. resolutions. anc standards. and to make such other improvements as required by Town ordinances and resolutions; 'to guarantee construction of all required improvements by providing an improvements guarantee in the form of a cash deposit, irrevocable letter of credit, or other method of guarantee acceptable to the Town in an amount of at least 125% of the estimated cost of the public improvements; and, if requested by the Town, to dedicate to the Town any or all other required improvements. If requested by the Town, Owner agrees to enter into an agreement pertaining to such improvements and other matters prior to any development of the property. 9. Improvement Districts. If requested by Keenesburg, Owner agrees to include the property in one or more special improvement districts or other mechanisms established by Keenesburg for making improvements to streets and other public ways, or for making other public improvements authorized by law, and Owner hereby appoints the Town Clerk of Keenesburg as Owner's attorney -in -fact for the purpose of executing all documents determined by Keenesburg to be necessary for such inclusion. If requested by Owner, Keenesburg agrees to consider the establishment of one or more special improvement districts for making such improvements. 10. Special District Inclusion. As a condition of annexation, Owner shall apply for inclusion of the Property within the [insert special districts] (if the Property is not yet within one or more of these districts), and any other special districts as determined by the Town. 11. Special District Exclusion. As a condition of annexation, Owner shall petition for exclusion of the Property from any special districts as determined by the Town. 12. Conformity with Laws. Owner agrees that the design, improvement, construction, development, and use of the property shall be in conformance with, and that Owner shall comply with, all Town ordinances and resolutions including, without limitation, ordinances and resolutions pertaining to annexation, subdivision, zoning, storm drainage, utilities, access to Town streets and flood control. 13. No Repeal of Laws. Nothing contained in this Agreement shall constitute or be interpreted as a repeal of the Town's ordinances or resolutions, or as a waiver of the Town's legislative, governmental, or police powers to promote and protect the health, safety, and welfare of the Town and its inhabitants; nor shall this Agreement prohibit the enactment or increase by the Town of any tax or fee. 14. Disconnection. No right or remedy of disconnection of the property from the Town shall accrue from this Agreement, other than that provided by applicable state laws. In the event the property or any portion thereof is disconnected at Owner's request, Keenesburg shall have no obligation to serve the disconnected property or portion thereof and this Agreement shall be void and of no further force and effect as to such property or portion thereof. 15. Severability. The parties agree that if any part, term, portion, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining parts, terms, portions, or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, portion, or provision held to be invalid. 16. Municipal Services. Keenesburg agrees to make available to the property all of the usual municipal services in accordance with the ordinances and policies of the Town. 3 17. Water Dedication. a. Non -Tributary and Not Non -Tributary Water. For and in consideration of the provision of water service by the Town, Owner grants in perpetuity to the Town the sole and exclusive right to withdraw, appropriate and use, and hereby consents in perpetuity on behalf of themselves and any and all successors in title, pursuant to C.R.S. § 37-90-137(8) to the Town the right to withdraw the water described in the above statute. b. In -House Supply. Owner or his assigns shall provide such raw water or raw water rights ,as is required by the Town to supply residential, commercial, or industrial service at the time of final plat approval or at such other time as may be agreed upon or set forth in the subdivision improvements agreement. c. Irrigation. Owner may be required to transfer to the Town, an owners' association, or some other public or quasi -public entity sufficient raw water for irrigation of any public or quasi -public area within the Property as may be shown in any subdivision plat or other development plan. 18. Owners' Association. Upon the request of the Town, or if otherwise required by state law, Owner shall organize an appropriate owners' association or associations for given parcels and/or unit types within the development of the Property. Owner shall form any such association(s) pursuant to the Colorado Common Interest Ownership Act (the "Act"), C.R.S. § 38-33.3-101, et seq. The Owner shall also execute and record covenants and instruments of conveyance that comply with the Act and which adequately provide for continuous ownership, operation, maintenance, repair and replacement of common elements of the development, including but not limited to any private roads, private common areas, private facilities, and public or private open space. At least thirty (30) days prior to recording any covenants or instruments of conveyance to the association(s), Owner shall provide such documents to the Town for review and comment. It is anticipated that ownership and/or maintenance responsibilities for certain common elements (such as, by way of example and not limitation, entry features, park or recreational tracks, and drainage facilities) may be assigned to such associations, and that such arrangement will be as determined at the time of subdivision or final development plan approval for given parcels and/or unit types within the development of the Property, 19. Development Impact Fees. Owner acknowledges that it is the Town's policy to require "growth to pay its own way" and Owner agrees to pay all development impact fees as set forth in the Town Fee Schedule, including impact fees as may be in effect at the time application is made for any building permit, so long as such fees are reasonably related to the development. Owner 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 fees, publication costs, recording 4 fees, and all other costs specifically attributable to annexation and development of the Property. 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 are necessary for construction of infrastructure, either by the Town or another entity, prior to issuance of building permits. The Town may withhold building permits, certificates of occupancy and other services if all such fees are not timely paid. The Town may also file liens on the Property if the fees contemplated by this agreement are not timely paid or required improvements are not timely constructed. 20. No Vested Rights. Neither annexation of the Property nor this agreement creates any vested rights. The fact that the Property has been annexed by the Town shall not create or form the basis of any claim by Owner of detrimental reliance or prevent the Town from modifying its development regulations or fees after execution of this agreement. Vested rights shall be acquired only by compliance with C.R.S. § 24-68-101 and approval by the Town of a site specific development plan for the Property. 21. Future Cooperation. The parties agree that they will cooperate with one another in accomplishing the terms, conditions, and provisions of the Agreement, and will execute such additional documents as necessary to effectuate the same. 22. Amendment. This Agreement may be amended by the Town and any Owner without the consent of any other Owner as long as such amendment affects only that Owner's portion of the property. Such amendments shall be in writing, shall be recorded with the County Clerk of Weld County, Colorado, shall be covenants running with the land, and shall be binding upon all persons or entities having an interest in the property subject to the amendment unless otherwise specified in the amendment. Except as otherwise provided herein, this Agreement shall not be amended unless approved in writing by all parties hereto. 23. Entire Agreement. This Agreement embodies the entire agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. 24. Indemnification. Owner agrees to indemnify and hold harmless the Town and the Town's officers, employees, agents, and contractors, from and against all liability, claims, and demands, including attorney fees and court costs, which arise out of or are in any manner connected with the annexation 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 the property, or which are in any manner connected with Keenesburg's enforcement of this Agreement. Owner further agrees to investigate, handle, respond to, and to provide defense for and defend against or at the Town's option to pay the attorney fees for defense counsel of the Town's choice for, any such liability, claims, or demands. 25. Owner. As used in this Agreement, the term "Owner" shall include any of the heirs, S transferees, successors, or assigns of Owner, and all such parties shall have the right to enforce this Agreement, and shall be subject to the terms of this Agreement, as if they were the original parties thereto. 26. Amendments to Law. As used in this Agreement, unless otherwise specifically provided herein, any reference to any provision of any Town ordinance, resolution, or policy is intended to refer to any subsequent amendments or revisions to such ordinance, resolution, or policy, and the parties agree that such amendments or revisions shall be binding upon Owner. 27. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the heirs, transferees, successors, and assigns hereof, and shall constitute covenants running with the land. This Agreement shall be recorded with the County Clerk of Weld County, Colorado, at Owner's expense. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. 28. Failure to Annex. This Agreement shall be null and void if the Town fails to approve the annexation of the property. 29. Notice. All notices required under this Agreement shall be in writing and shall be hand -delivered or sent by facsimile transmission or registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon transmission receipt. All notices by mail shall be considered effective 72 hours after deposit in the United States mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to Town: Notice to Owner: Town of Keenesburg 91W.BroadwayAvenue Keenesburg, CO 80643 Richard I. Robertson 8537 WCR 51 Keenesburg, CO 80643 30. Election. Owner agrees that it is voluntarily entering into this Agreement. Owner represents and submits that, to the extent an election would be required pursuant to C.R.S. § ❑31- 12-112, as amended, to approve the annexation or to impose terms and conditions upon the Property to be annexed, Owner owns 100 percent of the Property, excluding public streets and alleys, and would vote to approve the annexation and all terms and conditions as set forth herein. Thus, any election would necessarily result in a majority of the electors' approval to the annexation and the terms and conditions. 6 31. Legislative Discretion. The Owner acknowledges that the annexation and zoning of the property are subject to the legislative discretion of the Board of Trustees of the Town of Keenesburg. No assurances of annexation or zoning have been made or relied upon by Owner. If, in the exercise of its legislative discretion by the Board of Trustees or through the exercise of the powers of initiative or referendum, any action with respect to the property herein contemplated is not taken. then the sole and exclusive right of Owner with respect to such exercise of discretion shall be the withdrawal of the petition for annexation by the Owner, or disconnection from the Town in accordance with state law, as may be appropriate. 32. No Third -Party Rights. This Agreement is made solely for the benefit of the parties hereto. and is not intended to nor shall it be deemed to confer rights to any persons or entities not named as parties hereto. 33. Governing Law. The laws of the State of Colorado shall govern the validity, performance, and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action shall be in Weld County, Colorado. 34. Headings. The paragraph headings in this Agreement shall not be used in the construction or interpretation hereof as they have no substantive effect and are for convenience only. 35. No Warranties by Town. The Town is entering into this Agreement in good faith and with the present intention, on the part of the present Town Board, that this Agreement will be complied with. However, because some of the provisions of this Agreement may involve areas of legal uncertainty, the Town makes no representation as to the validity or enforceability of this Agreement against the Town, and by entering into this Agreement the Owner acknowledges and accepts that no such warranty is made on the part of the Town. OWNER By: RICHARD 1. ROBERTSON 7 ACKNOWLEDGEMENT STATE OF COLORADO COUNTY OF )ss The above and foregoing signature of \(16AY. itcY\ was subscribed and sworn to before me this Z3 day of . yn ( , 42S24 . Witness my hand and official seal. My commission expires on: 05l?v01202 3 CARMEN L. MALDONADO CEDILLO Notary Public State of Colorado Notary ID #20194020252 My Commission Expires 05-30-2023 (SEAL) 8 TOWN OF KEENESBURG By: Mayor ATTEST: Town Clerk EXHIBIT A LEGAL DESCRIPTION OF PROPERTY According to: According to Old Republic National Title Insurance Company PROPERTY INFORMATION BINDER Order Number: FCIF25194238 Policy No.: PIB25194238.13784629 Dated December 3`d , 2021 ALL THAT PART OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., LYING SOUTHERLY AND EASTERLY OF INTERSTATE HIGHWAY 76, RECORDED OCTOBER 15. 1959 AT RECEPTION NO. 1314850, COUNTY OF WELD, STATE OF COLORADO 10 RECEIVED FEB 2 8 2022 WELD COUNTY COMMISSIONERS TOWN OF KEENESBURG FOUNDED JULY, 1906 A MUNICIPAL CORPORATION SINCE JULY, 1919 Clerk of the Weld County Bd. of County Conun'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: February 24, 2022 Bruce Barker, Esq. Weld County Attorney 915 10th Street Greeley, CO 80632 School District RE -3J P.O. Box 1022 Hudson, CO 80642 Central Colorado Water Conservancy District 3209 W 28th Street Greeley, CO 80634 Southeast Weld Fire Protection District 95 W Broadway Keenesburg, CO 80643 High Plains Library District 2650 W 29th Street Greeley, CO 80631 Enclosed please fmd notification of a proposed annexation to the Town of Keenesburg, Colorado, to be known as the Braid Annexation. The public hearing on the proposed annexation is scheduled for Monday, March 21, 2022 at 6:00 p.m., as described in the enclosed Resolution No. 2022-05. Also enclosed are copies of the Petition for Annexation as filed with the Town and the notice published in the Greeley Tribune on February 2, 9, 16, and 23, 2022. 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 Pubic Rev,eGJ 3 /16/22 cc : SD(RS) PI -0-0, C M C" rbt-r/?P), Pw (ER /CH / EP), ASR Ow/3A GIS(SG) 3/Il/22 2022-0799 RESOLUTION NO. 2022-05 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF KEENESBURG, COLORADO, KNOWN AS THE BRAID 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 Braid 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, March 21, 2022, 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. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Keenesburg, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and ADOPTED this 24th day of January, 2022. Y' • +� C,,. ;SEAL ._ • �Ilsii T;.•• \y Cfiristir(&Fernandez, Town Cl 2 EXHIBIT A LEGAL DESCRIPTION Braid Annexation ALL THAT PART OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., LYING SOUTHERLY AND EASTERLY OF INTERSTATE HIGHWAY 76, RECORDED OCTOBER 15, 1959, AT RECEPTION NO.1314850, COUNTY OF WELD, STATE OF COLORADO 3 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 to be known as the BRAID 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 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 J• 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 51 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; 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 Agricultural 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. 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. 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 6 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 )ss COUNTY OF WELD The above and foregoing Affidavit of Circulator was subscribed and sworn to before me this 23rd day of December 2021 . My commission expires on: Witness my hand and official seal. O*130 3 o /2013 CARMEN L. MALDONADO CEDILLO Notary Public State of Colorado Notary ID 20194020252 My Commission Expires 05-30-2023 (SEAL) Notary Public 272 l--\0114w‘Au-t, Address �(��' LAD 6A (O. 410624 Land Owner (s) Name (s) and Signature Is) Mailing Address Date RICHARD I. ROBERTSON Printed Name State of (10.60-1.6 County of \ 1J Q) - Signed before me on this of \) t.C4v,i )O i* .2O) L, b Notary Public Address 'L2 tAare‘,..1O,6 8537 WCR 51, KEENESBURG, CO 80643 1-27O( -- day — � AKA T �C��t a�{MA 1.2/.2,J4/ CARMEN L. MALDONADO CEDILLO Notary Public State of Colorado Notary ID # 20194020252 My Commission Expires 05-30-2023 k)y,L,,_ U . 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STATE OF MdMOO� P W bmd Gretlay Mime Mein 2.44 24,24,2172.161610 A EMT)• 161610 TMOMDFIMMOANO, COLMAN NOME rent= MEMO lllilsle.y bpMaMteby been not the Mein Coambdm of the n of Siernme IMII realm mangier mob MI IPnL 2102MMM a)m e Ye'w Owed Chen ppdArsrsLZIaGre _ se sayM S. i1a Pamposee aaimtM rvejrzna�vPi mMdea Npea1MPStMo°1iMram6.aM�6mpItl��M pn for ems MOM e O .011 Tom .to be loaammre �Ma err 911.12 b Il l CEMMMM al the SW... N.&MOMoldhMOWfo104 mad r ambolanai taffi T T PMmlmab�oarlcm...4.�:141,t41 mNdwh' Pe is Paer-0;rMmm Nil I. bet eatery ewylla e Tom MIS. S. TnaveWallah% lop= narr Othe Inbeng Se mbe Iet ib Wednesday, 02/02/2022 Page .B11 Copyright (c) 2022 Greeley Tribune, Edition 2/2/202 Hello