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HomeMy WebLinkAbout20213059.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR COUNTY ROAD 53 ROADWAY IMPROVEMENTS AND AUTHORIZE CHAIR TO SIGN - TOWN OF KERSEY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Intergovernmental Agreement for County Road 53 Roadway Improvements, as County Road 53 passes through the Town of Kersey, between U.S. Highway 34 and County Road 58, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Town of Kersey, commencing upon full execution of signatures, with further terms and conditions being as stated in said intergovernmental agreement, and WHEREAS, after review, the Board deems it advisable to approve said intergovernmental agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Intergovernmental Agreement for County Road 53 Roadway Improvements, as County Road 53 passes through the Town of Kersey, between U.S. Highway 34 and County Road 58, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Town of Kersey, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said intergovernmental agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of November, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddet,L) udo;ok Weld County Clerk to the Board BY: APP ounty At •rney Date of signature: 1 L Steve reno, Chair erry L. Bu Lori Saine es, Pro- 25A4v- 2021-3059 EG0079 cc: PLACER/cH), cACES), KerSe3 i2./i6/ZI INTERGOVERNMENTAL AGREEMENT FOR WCR 53 ROADWAY IMPROVEMENTS AS IT PASSES THROUGH THE TOWN OF KERSEY‘ COLORADO THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into this 1 day of n over be -r- , 2021, by and between the Town of Kersey, a municipal corporation of the State of Colorado, whose address is 446 1st Street, P.O. Box 657, Kersey, Colorado 80644, hereinafter referred to as "Kersey," and the County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is P.O. Box 758, 1 150 "O" Street, Greeley, Colorado 80632, hereinafter referred to as "County." Kersey and County are referred to herein collectively as "the Parties." RECITALS WHEREAS, this year, KERSEY is currently considering a petition for the annexation of portions of Weld County Road (WCR) 53 from US 34 to WCR 60.5, and WHEREAS, WELD COUNTY has plans to perform a maintenance overlay on WCR 53 between US 34 and WCR 58 (the "PROJECT"), and WHEREAS, both Parties believe it is in the best interests of their citizens for WELD COUNTY to continue with the overlay as originally planned even after annexation of WCR 53 by KERSEY, and WHEREAS, both parties to this Agreement are authorized to enter into said Agreement by C.R.S. § 29-1-203 and the Colorado Constitution Article XIV, Section 18(2), for the purpose of achieving greater efficiencies for the provision of services to the public. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. RECITALS: The Recitals are incorporated into the Agreement as if fully set forth herein. 2. PROJECT: Subject to the terms contained in this Agreement, WELD COUNTY agrees to undertake and complete the PROJECT, which may occur after annexation of WCR 53 by KERSEY. 3. TERM: The term of this Agreement shall be from the date first written above to and until completion of the overlay PROJECT. Page 1 of 4 Pages 4777081 Pages: 1 of 32 11/17/2021 01:28 PM R Fee:$0.O d County CO Carly Koppes, Clerk and Recorder, 1111 lKI!'�4�IOlldhin All MAT 111 2021-3059 4. BRIDGE 53/58A WETLANDS PERMIT: KERSEY agrees to allow WELD COUNTY, after annexation, to maintain an existing nontransferable Army Corp of Engineers (ACOE) nationwide permit (NOW -2017-02260) within KERSEY'S jurisdiction for bridge 53/58A, until the ACOE releases WELD COUNTY from the permit. 5. WCR 58/53 INTERSECTION PROJECT: WELD COUNTY recently completed intersection improvements at WCR 58 and WCR 53 and agrees to manage the contractor's responsibilities through the two-year warranty period. 6. ENTIRE AGREEMENT: This writing, together with the exhibits attached hereto, constitutes the entire agreement between the parties hereto with respect to the subject matter herein, and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 7. NO THIRD -PARTY. BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in the Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be incidental beneficiary only. 8. SEVERABILITY: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such provision to the extent that this Agreement is then capable of execution within the original intent of the parties hereto. 9. MODIFICATION AND BREACH: No modification, amendment, notation, renewal, or other alteration of or to this Agreement shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. 10. NOTICES: All notices required herein shall be mailed via First Class Mail to the parties' representatives at the addresses set forth below: Page 2 of 4 Pages 4777081 Pages: 2 of 32 11/17/2021 01:28 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 �4��l�Yi�I I���hIhL'I 'r�l AG061110 Y4 hill 111111 ATTEST: KERSEY: Christian Morgan, Town Manager 446 I S' Street Kersey, CO 80644 WELD COUNTY: Elizabeth Relford, Deputy PW Director 1150 O Street Greeley, CO 80631 11. NO WAIVER OF GOVERNMENTAL IMMUNITY: No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. IN WITNESS WHEREOF, thq,p jp, hereto have executed this Agreement in duplicate of the day and year first hereinab 016''', ' 11P- 414161 N JF KERSEY, COLORADO By:. _ ulie Piper, T'own Clerk"', • .,, ,,,.••' ry ATTEST: W...dravitj velie.0;ok. BOARD OF COUNTY COMMISSIONERS WELD COUNTY Clerk to the Board WELD COUNTY, COLORADO By: (Deputy) lerk to/he B ... Steve Moreno, Chair Page 3 of 4 Pages 4777081 Pages: 3 of 32 11/17/2021 01:28 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO D4411111 NOV 0 1 2021 o2.002/- &c5g6 INTERGOVERNMENTAL AGREEMENT FOR COUNTY ROAD 53 ROADWAY IMPROVEMENTS - TOWN OF KERSEY APPROVED AS TO SUBSTANCE: Elected Official or Department Head APPROVED ASIQ FUNDING: Controller AP ROVED AS TO FORM: County Attorney 4777081 Pages: 4 of 32 11/17/2021 01:28 P11 R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO NOTICE OF PUBLIC HEARING AECEfVED SEP 0 3 2021 WELD COUNTY COMMISSIONERS NOTICE is hereby given of a public hearing to be held before the Planning Commission of the Town of Kersey Colorado on September 7, 2021 at 6:00 p.m. NOTICE is further given of a public hearing to be held before the Board of Trustees of the Town of Kersey, Colorado on October 5, 2021 at 6:00 pm. The purpose of the hearing is to consider Zehnder Annexation Number 1, Zehnder Annexation Number 2, Zehnder Annexation Number 3, Zehnder Annexation Number 4 and Zehnder Annexation Number 5, a request to Annex WCR 53 Right of Way from HWY 34 to WCR 60.5 (Co. HWY 263) and the Zehnder family farm located at the southwest corner of the intersection of WDR 53 and WCR 60.5 and a Conditional Use Site Plan for an event venue on a portion of the property. The proposed Zoning for the property is Agriculture in the Town of Kersey. The property is located in portions of Sections 4,5,8,9,16,17 of T5N, R64W, 6th PM County of Weld, State of Colorado. The full application materials are available for inspection at the Kersey Town Hall during normal business hours. TOWN OF KERSEY, COLORADO 4J PROPERTY DESCRIPTION ZEHNDER ANNEXATION NO. 1 A parcel of land, located in the Southeast Quarter (SE1/4) of Section Seventeen (17), and in Southwest Quarter (SW1/4) of Section Sixteen (16), Township Five North (T.5N.), Range Sixty- four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 16 and assuming the West line of the SW1/4 of said Section 16 as bearing North 00°53'59" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2640.78 feet with all other bearings contained herein relative thereto; THENCE North 00°53'59" West along the West line of the SW1/4 of said Section 16 a distance of 449.82 feet to the North line of Highway 34 Annexation recorded April 23, 2013 as Reception No. 3926604 of the Records of Weld County and to the POINT OF BEGINNING; THENCE South 88°59'08" West along the North line of said Highway 34 Annexation a distance of 30.00 feet to a point on the Westerly Right of Way line of Weld County Road 53 (State Highway 37); THENCE North 10°38'14" East a distance of 150.00 feet; THENCE South 12°26'45" East a distance of 149.88 feet to a point on the Easterly Right of Way line of Weld County Road 53 (State Highway 37) and to the North line of said Highway 34 Annexation; 4777081 Pages: 5 of 32 11/17/2021 01:28 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , Co Ell "Ill 1,1•1‘1%-`1•"4""1 e1 THENCE South 88°59'08" West along the North line of said Highway 34 Annexation a distance of 30.00 feet to the POINT OF BEGINNING. Said described parcel of land contains 4,407 Square Feet or 0.101 Acres, more or less (±), and is subject to any rights -of -way or other easements of record or as now existing on said described parcel of land. PROPERTY DESCRIPTION ZEHNDER ANNEXATION NO.2 A parcel of land, located in the Southeast Quarter (SE1/4) of Section Seventeen (17), and in Southwest Quarter (SW1/4) of Section Sixteen (16), Township Five North (T.5N.), Range Sixty- four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 16 and assuming the West line of the SW1/4 of said Section 16 as bearing North 00°53'59" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2640.78 feet with all other bearings contained herein relative thereto; THENCE North 00°53'59" West along the West line of the SW1/4 of said Section 16 a distance of 449.82 feet to the North line of Highway 34 Annexation recorded April 23, 2013 as Reception No. 3926604 of the Records of Weld County; THENCE South 88°59'08" West along the North line of said Highway 34 Annexation a distance of 30.00 feet to a point on the Westerly Right of Way line of Weld County Road 53 (State Highway 37) and to the POINT OF BEGINNING; THENCE North 00°53'59" West along said Westerly Right of Way line a distance of 75.00 feet; THENCE North 01°38'55" East a distance of 674.75 feet; THENCE South 03°26'55" East a distance of 674.63 feet to the Easterly Right of Way line of Weld County Road 53 (State Highway 37); THENCE South 00°53'59" East along said Easterly Right of Way line a distance of 75.00 feet to the North line of said Highway 34 Annexation; THENCE North 12°26'45" West a distance of 149.88 feet; THENCE South 10°38'14" West a distance of 150.00 feet to the POINT OF BEGINNING. Said described parcel of land contains 20,313 Square Feet or 0.466 Acres, more or less (±), and is subject to any rights -of -way or other easements of record or as now existing on said described parcel of land. PROPERTY DESCRIPTION ZEHNDER ANNEXATION NO. 3 A parcel of land, located in the East Half (E1./2) of Section Seventeen (17), and in West Half (W1/2) of Section Sixteen (16), Township Five North (T.5N.), Range Sixty-four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 16 and assuming the West line of the SW1/4 of said Section 16 as bearing North 00°53'59" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2640.78 feet with all other bearings contained herein relative thereto; 4777081 Pages: 6 of 32 11/17/2021 01:28 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , Co III THENCE North 00°53'59" West along the West line of the SW1/4 of said Section 16 a distance of 449.82 feet to the North line of Highway 34 Annexation recorded April 23, 2013 as Reception No. 3926604 of the Records of Weld County; THENCE South 88°59'08" West along the North line of said Highway 34 Annexation a distance of 30.00 feet to a point on the Westerly Right of Way line of Weld County Road 53 (State Highway 37); THENCE North 00°53'59" West along said Westerly Right of Way line a distance of 75.00 feet and to the POINT OF BEGINNING; THENCE North 00°53'59" West along said Westerly Right of Way line a distance of 325.00 feet; THENCE North 88°59'08" East a distance of 5.00 feet; THENCE North 00°28'40" West a distance of 3040.10 feet; THENCE North 89°05'42" East a distance of 5.00 feet; THENCE South 01°19'34" East a distance of 3040.00 feet; THENCE North 88°59'08" East a distance of 5.00 feet to the Easterly Right of Way line of Weld County Road 53 (State Highway 37); THENCE South 00°53'59" East along said Easterly Right of Way line a distance of 325.00 feet; THENCE North 03°26'55" West a distance of 674.63 feet; THENCE South 01°38'55" West a distance of 674.75 feet to the POINT OF BEGINNING. Said described parcel of land contains 82,878 Square Feet or 1.903 Acres, more or less (±), and is subject to any rights -of -way or other easements of record or as now existing on said described parcel of land. PROPERTY DESCRIPTION ZEIIIDER ANNEXATION NO.4 A parcel of land, located in the Southwest Quarter (SW1/4) of Section Four (4), East Half (E1/2) of Section Eight (8), West Half (W1/2) of Section Nine (9), East Half (E1/2) of Section Seventeen (17), and in West Half (W1/2) of Section Sixteen (16), Township Five North (T.5N.), Range Sixty-four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 16 and assuming the West line of the SW1/4 of said Section 16 as bearing North 00°53'59" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2640.78 feet with all other bearings contained herein relative thereto; THENCE North 00°53'59" West along the West line of the SW1/4 of said Section 16 a distance of 449.82 feet to the North line of Highway 34 Annexation recorded April 23, 2013 as Reception No. 3926604 of the Records of Weld County; THENCE South 88°59'08" West along the North line of said Highway 34 Annexation a distance of 30.00 feet to a point on the Westerly Right of Way line of Weld County Road 53 (State Highway 37); THENCE North 00°53'59" West along said Westerly Right of Way line a distance of 400.00 feet and to the POINT OF BEGINNING; The following Twenty-nine (29) courses and distances are along the Westerly Right of Way lines of said Weld County Road 53 (State Highway 37); 1. THENCE North 00°53'59" West a distance of 1791.02 feet; 2. THENCE North 00°54'18" West a distance of 2641.22 feet; 3. THENCE South 88°55'55" West a distance of 58.80 feet; 4. THENCE North 03°38'47" East a distance of 26.12 feet; 5. THENCE North 49°31'47" East a distance of 78.60 feet; 4777081 Pages: 7 of 32 11/17/2021 01:28 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 6. THENCE North 08°11'00" East a distance of 168.54 feet; 7. THENCE North 08°11'17" East a distance of 535.96 feet; 8. THENCE North 41°17'35" West a distance of 54.59 feet; 9. THENCE North 03°42'25" East a distance of 335.19 feet; 10. THENCE North 04°38'54" West a distance of 74.25 feet; 11. THENCE North 40°49'25" West a distance of 23.50 feet; 12. THENCE North 41°50'36" East a distance of 29.00 feet; 13. THENCE North 11°51'31" West a distance of 48.05 feet; 14. THENCE North 89°17'05" East a distance of 32.64 feet; 15. THENCE North 08°11'17" East a distance of 154.73 feet; 16. THENCE North 05°46'21" West a distance of 62.17 feet; 17. THENCE North 08°11'17" East a distance of 50.99 feet; 18. THENCE South 81°44'11" East a distance of 15.00 feet; 19. THENCE North 08°11'17" East a distance of 966.47 feet; 20. THENCE North 81°48'43" West a distance of 46.00 feet; 21. THENCE North 08°11'17" East a distance of 95.86 feet; 22. THENCE South 80°37'53" East a distance of 46.69 feet; 23. THENCE North 09°22'07" East a distance of 418.61 feet to the beginning point of a curve, non -tangent this line; 24. THENCE along the arc of a non -tangent curve concave to the Southwest a distance of 358.10 feet, said curve has a Radius of 1850.00 feet, a Delta of 11°05'26" and is subtended by a Chord bearing North 09°05'58" West a distance of 357.54 feet to a line non -tangent to this curve; 25. THENCE North 17°39'13" West a distance of 295.20 feet; 26. THENCE North 19°08'43" West a distance of 262.10 feet; 27. THENCE North 22°13'13" West a distance of 279.40 feet; 28. THENCE North 17°55'43" West a distance of 112.00 feet; 29. THENCE North 14°13'43" West a distance of 229.74 feet to the West line of the Northwest Quarter of said Section 9; THENCE North 01°09'43" West along said West line a distance of 736.21 feet to the Northwest corner of said Section 9; THENCE North 00°58'46" West along the West line of the SW1/4 of said Section 4 a distance of 2622.26 feet to the Southerly Right of Way line of Weld County Road 60 1/2 (State Highway 263); THENCE North 89°03'36" East along said Southerly Right of Way line a distance of 129.93 feet to the Easterly Right of Way line of Weld County Road 53 (State Highway 37); The following Twenty-eight (28) courses and distances are along the Easterly Right of Way lines of said Weld County Road 53 (State Highway 37); 1. THENCE South 44°01'14" West a distance of 134.25 feet; 2. THENCE South 00°58'46" East a distance of 1573.19 feet; 3. THENCE South 89°01'14" West a distance of 5.00 feet; 4. THENCE South 00°58'45" East a distance of 954.12 feet; 5. THENCE North 89°09'08" East a distance of 30.90 feet; 6. THENCE South 17°49'43" East a distance of 42.12 feet; 7. THENCE South 89°10'17° West a distance of 33.40 feet; 8. THENCE South 01°22'43" East a distance of 139.70 feet to the beginning point of a curve, non -tangent this line; 9. THENCE along the arc of a non -tangent curve concave to the Northeast a distance of 720.50 feet, said curve has a Radius of 2825.00 feet, a Delta of 14°36'46" and is subtended by a Chord bearing South 09°50'10" East a distance of 718.54 feet to a line non -tangent to this curve; 10. THENCE South 18°28'43" East a distance of 199.60 feet; 11. THENCE South 19°08'43" East a distance of 128.00 feet; 12. THENCE South 31°27'13" East a distance of 102.00 feet; 13. THENCE South 19°08'43" East a distance of 262.10 feet; 4777081 Pages: 8 of 32 11/17/2021 01k :28anRecorder,R Fee:$0.OO County CO Carly Koppes, 14. THENCE South 17°38'13" East a distance of 304.66 feet to the beginning point of a curve, non -tangent this line; 15. THENCE along the arc of a non -tangent curve concave to the Southwest a distance of 232.68 feet, said curve has a Radius of 1970.13 feet, a Delta of 06°46'00" and is subtended by a Chord bearing South 11°1541" East a distance of 232.54 feet to a line non -tangent to this curve; 16. THENCE South 50°05'43" East a distance of 56.59 feet; 17. THENCE South 05°07'23" East a distance of 109.86 feet; 18. THENCE South 39°54'17" West a distance of 56.57 feet to the beginning point of a curve, non -tangent this line; 19. THENCE along the arc of a non -tangent curve concave to the Northwest a distance of 207.73 feet, said curve has a Radius of 1970.13 feet, a Delta of 06°02'28" and is subtended by a Chord bearing South 00°40'01" West a distance of 207.63 feet to a line non -tangent to this curve; 20. THENCE South 06°41'11" West a distance of 304.59 feet; 21. THENCE South 08°11'17" West a distance of 1425.80 feet; 22. THENCE South 19°29'47" West a distance of 102.00 feet; 23. THENCE South 08°11'17" West a distance of 676.70 feet; 24. THENCE South 07°31'17" West a distance of 198.60 feet to the beginning point of a curve, non -tangent this line; 25. THENCE along the arc of a non -tangent curve concave to the Southeast a distance of 117.65 feet, said curve has a Radius of 2825.00 feet, a Delta of 02°23'10" and is subtended by a Chord bearing South 04°59'25" West a distance of 117.64 feet to a line non -tangent to this curve; 26. THENCE South 89°15'59" West a distance of 21.67 feet; 27. THENCE South 00°54'18" East a distance of 2641.22 feet; 28. THENCE South 00°53'59" East a distance of 1790.91 feet; THENCE South 88°59'08" West a distance of 5.00 feet; THENCE North 01°19'34" West a distance of 3040.00 feet; THENCE South 89°05'42" West a distance of 5.00 feet; THENCE South 00°28'40" East a distance of 3040.10 feet; THENCE South 88°59'08" West a distance of 5.00 feet to the POINT OF BEGINNING. Said described parcel of land contains 21.677 Acres, more or less (±), and is subject to any rights -of -way or other easements of record or as now existing on said described parcel of land. PROPERTY DESCRIPTION ZEHNDER ANNEXATION NO. 5 Lots A and B, Recorded Exemption No. 0963-05-4 RE3600 recorded April 13, 2004 as Reception No. 3170170 of the Records of Weld County, and a portion of the Westerly Right of Way line of Weld County Road 53 (State Highway 37), located in the South Half of Section Five (5), and in Northeast Quarter (NW1/4) of Section Eight (8), Township Five North (T.5N.), Range Sixty-four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the Southeast corner of said Section 5 and assuming the East line of said Section 5 as bearing North 00°58'46" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 5232.32 feet with all other bearings contained herein relative thereto; THENCE South 01°09'43" East along the West line of the NE1/4 of said Section 8 a distance of 736.21 feet to the Westerly Right of Way line of Weld County Road 53 (State Highway 37); The following Seven (7) courses and distances are along the Westerly Right of Way lines of said Weld County Road 53 (State Highway 37); 4777081 Pages: 9 of 32 11/17/2021 01:28 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO II 1. THENCE North 14°13'43" West a distance of 173.25 feet; 2. THENCE North 01°15'43" West a distance of 385.37 feet; 3. THENCE North 01°11'49" West a distance of 182.38 feet; 4. THENCE North 89°16'41" East a distance of 9.95 feet; 5. THENCE North 00°58'46" West a distance of 339.94 feet; 6. THENCE South 89°01'14" West a distance of 20.00 feet; 7. THENCE North 00°58'46" West a distance of 43.57 feet to the South line of said RE3600; The following Nineteen (19) courses and distances are along the Southerly, Westerly and Northerly lines of said RE360; 1. THENCE North 55°58'47" West a distance of 71.96 feet; 2. THENCE North 68°28'46" West a distance of 217.00 feet; 3. THENCE North 71°18'46" West a distance of 190.00 feet; 4. THENCE North 66°58'46" West a distance of 214.00 feet; 5. THENCE North 81°58'46" West a distance of 244.00 feet; 6. THENCE North 86°48'46" West a distance of 258.00 feet; 7. THENCE North 78°48'48" West a distance of 220.00 feet; 8. THENCE North 70°48'45" West a distance of 140.00 feet; 9. THENCE North 76°33'46" West a distance of 407.00 feet; 10. THENCE North 73°48'46" West a distance of 140.00 feet; 11. THENCE North 63°38'46" West a distance of 126.00 feet; 12. THENCE North 47°38'46" West a distance of 92.00 feet; 13. THENCE North 38°58'46" West a distance of 101.00 feet; 14. THENCE North 28°58'46" West a distance of 178.00 feet; 15. THENCE North 48°23'46" West a distance of 85.56 feet; 16. THENCE South 88°52'54" West a distance of 53.33 feet; 17. THENCE North 82°13'16" West a distance of 132.68 feet; 18. THENCE North 01°22'14" West a distance of 1221.14 feet to the South Right of Way line of Weld County Road 60 1/2 (State Highway 263); 19. THENCE North 88°45'12" East along said South Right of Way line a distance of 2637.00 feet to the East line of the Southeast Quarter of said Section 5; THENCE South 00°58'46" East along said East line a distance of 2622.26 feet to the POINT OF BEGINNING. Said described parcel of land contains 110.306 Acres, more or less (±), and is subject to any rights -of -way or other easements of record or as now existing on said described parcel of land. 4777081 Pages: 10 of 32 11/17/2021 01:28k 1a1 Re Feee$0.00 County CO Carly Koppes, VIII!��<rr 3Nidh4�'Qi Y ham �iK 11111 ANNEXATION PETITION TO THE MAYOR AND BOARD OF TRUSTEES OF THE TOWN OF KERSEY, COLORADO: The undersigned, in accordance with Title 31, Article 12, Chapters 101 etseq., Colorado Revised Statutes, hereby petition the Board of Trustees of the Town of Kersey for annexation into the Town of Kersey the territory described herein and described and shown on the map designated e h n bit" f cyt n e x ah o rI ". Four (4) copies of said map are submitted herewith and by this reference are incorporated herein. The description of the territory hereby petitioned for annexation into the Town is set forth in Exhibit "A" attached hereto and incorporated herein by reference (Exhibit W must be an original printed property description on 8-1/2 x 11 white paper.) In support of this petition, the petitioner(s) allege(s) that: 1. It is desirable and necessary that the above -described territory be annexed to the Town of Kersey. 2. The requirements of Section 31-12-104 and 31-12-105 of the Colorado Revised Statutes exist or have been met in that A. Not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Kersey. B. A community of interest exists between the territory proposed to be annexed and the Town of Kersey. C. The territory sought to be annexed is urban or will be urbanized in the near future. D. The territory sought to be annexed is integrated or is capable of being integrated with the Town of Kersey. 3. In establishing the boundaries of the territory proposed to be annexed, no land held in identical ownership, whether consisting of the tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has/have been divided into separate parts of parcels of real estate without the written consent of the land owner or land owners thereof, except and unless where such tracts or parcels are already separated by a dedicated street, road, or other public way. 4. In establishing the boundaries of the territory proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising twenty (20) acres or more which, together with the building and improvements situated thereon have an assessed valuation in excess of $200,000 for ad valorem tax purposes for the year next preceding the filing of the written petition for annexation, has/have been included within the territory proposed to be annexed without the written consent of the land owner or land owners. 5. 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 Kersey was held within the twelve months preceding the filing of this petition. 4777081 Pages: 11 of 32 11/17/2021 01:28 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII NUPAIViudh'E(il'R r O M,11111 6. The territory proposed to be annexed does not include any area included in another annexation proceeding involving a town other than the Town of Kersey. 7. The territory proposed to be annexed is not presently a part of any incorporated town, city or city and county or if the property is part of another town or city or city and county, it will be disconnected from such municipality prior to consideration of the annexation. 8. The property owned by each petitioner (when there is more than one petitioner) is described on each separate exhibit fully describing the property. 9. If a portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the area proposed to be annexed. 10. The proposed annexation would not have the affect of extending a municipal boundary more than three (3) miles in any direction from any point of any such municcal boundary in any one year. 11. The undersigned is the owner(s) of one hundred percent (100%) of the territory included in the area proposed to be annexed exclusive of streets and alleys. Accompanying this petition are the original and four copies of an annexation plat map containing the following information: A. A written legal description of the boundaries of the area proposed to be annexed. B. A map showing the boundary of the area proposed to be annexed. C. Within the annexation boundary map, an identification of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks. Also within the boundary map, identification of any special districts the area proposed to be annexed may be part of. D. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. E. A surveyor's certificate prepared by a registered land surveyor that attests to the preparation of the map and certifies at least one -sixth (1/6) contiguity to the Town of Kersey. F. Acceptance block describing the acceptance action of the Town of Kersey and providing for the effective date and Town Clerk and Mayor attest signatures. THEREFORE, the undersigned respectfully petition the Board of Trustees of the Town of Kersey to annex the territory described and referred to in Exhibit "A° to the Town of Kersey in accordance with and pursuant to the statutes of the State of Colorado. 4777081 Pages: 12 of 32 11/17/2021 01:28 11 Recorder,Fe:0.00d County CO Carly Koppeli 1� IAllirtiiigYr�rhltiZr��'Ni �l ikY'�N���i��M III /�+ Land Owner(s) Name(s) and Signature(s) a-4- ,4;',--,1-/L-o(- Mailing Address Date 79757 CAP r 7/ �' f'b 6 3 / 7/25,2 The ng signature(s) was/were suhscribed aj sworn to before me this 2%J day of cis .20 by SiaL L•. kAat_e, tartness my hand and official seal. My commission expires: /6 • / 5.2 Lf DEANNE L HILL NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20200036285 MY COMMISSION EXPIRES OCTOBER 15, 2024 4777081 Pages: 13 of 32 11/17/2021 01:28 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO II RESOLUTION NO. 2021-010 A RESOLUTION FINDING THE PETITION FOR ANNEXATION OF CERTAIN PROPERTY KNOWN AS THE ZEHNDER ANNEXATION NUMBER 1, ZEHNDER ANNEXATION NUMBER 2, ZEHNDER ANNEXATION NUMBER 3 AND ZEHNDER ANNEXATION NUMBER 4 AND ZEHNDER ANNEXATION NUMBER 5 ARE IN SUBSTANTIAL COMPLIANCE WITH THE REQUIREMENTS OF C.R.S. 31-12-107(1) AND ESTABLISHING A DATE FOR A PUBLIC HEARING BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF KERSEY, COLORADO TO CONSIDER THE PROPOSED ANNEXATION. WHEREAS, the Board of Trustees received a petition for annexation of certain property herein described and known as the Zehnder Annexation Number 1, Zehnder Annexation Number 2, Zehnder Annexation Number 3, Zehnder Annexation Number 4 and Zehnder Annexation Number 5 and WHEREAS, the Board of Trustees finds that the annexation petition and accompanying annexation maps substantially comply with C.R.S. 31-12-107 and Section 30 of Article II of the Colorado Constitution. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF KERSEY, COLORADO: Section 1. The Board of Trustees finds that the annexation petition and accompanying annexation map are in substantial compliance with the requirements of C.R.S. 31-12-107 and Section 30, Article II of the Colorado Constitution. Section 2. The property proposed to be annexed consists of approximately 134.5 acres of property located in portions of Sections 4, 5, 8 ,9,16, and 17,Township Five North (T.5N.), Range Sixty-four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado. The property to be annexed is described in Exhibit "A" attached to this Resolution. Section 3. The Board of Trustees hereby accepts the petition for annexation of the property described as Zehnder Annexation Number 1, Zehnder Annexation Number 2, Zehnder Annexation Number 3 and Zehnder Annexation Number 4 and Zehnder Annexation Number 5 Section 4. This Resolution of Substantial Compliance amends and supersedes Resolution 2021-009. The Board of Trustees hereby determines that it will consider an Ordinance annexing the property into the Town of Kersey at a meeting of the Board of Trustees on the 6th day of October 2021 at 6:00 p.m. at the Kersey Town Hall located at 4461'1 Street, Kersey, Colorado. At such hearing, the Board of Trustees will accept public comments and will determine whether the applicable requirements of C.R.S. 31-12-104 and 31-12-105 have been met, and determine whether the area should be annexed to the Town. 4777081 Pages: 14 of 32 11/17/2021 01:28 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO ���� rFIRET w��'COI Y4 ���IYriK�Wei 11111 PASSED, ADOPTED AND APPROVED this 24th day of August 2021. TOWN OF KERSEY BY: ATTEST: Gary Lagrimanta, MAYOR =tik' SEAL * •r. S. 4777081 Pages: 15 of 32 11/17/2021 01:28 PM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County , CO Ilk RI II Th EXHIBIT A PROPERTY DESCRIPTION ZEHNDER ANNEXATION NO.1 A parcel of land, located in the Southeast Quarter (SE1/4) of Section Seventeen (17), and in Southwest Quarter (SW1/4) of Section Sixteen (16), Township Five North (T.5N.), Range Sixty- four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 16 and assuming the West line of the SW1/4 of said Section 16 as bearing North 00°53'59" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2640.78 feet with all other bearings contained herein relative thereto; THENCE North 00°53'59" West along the West line of the SW1/4 of said Section 16 a distance of 449.82 feet to the North line of Highway 34 Annexation recorded April 23, 2013 as Reception No. 3926604 of the Records of Weld County and to the POINT OF BEGINNING; THENCE South 88°59'08" West along the North fine of said Highway 34 Annexation a distance of 30.00 feet to a point on the Westerly Right of Way line of Weld County Road 53 (State Highway 37); THENCE North 10°38'14" East a distance of 150.00 feet; THENCE South 12°26'45" East a distance of 149.88 feet to a point on the Easterly Right of Way line of Weld County Road 53 (State Highway 37) and to the North line of said Highway 34 Annexation; THENCE South 88°59'08" West along the North line of said Highway 34 Annexation a distance of 30.00 feet to the POINT OF BEGINNING. Said described parcel of land contains 4,407 Square Feet or 0.101 Acres, more or less (±), and is subject to any rights -of -way or other easements of record or as now existing on said described parcel of land. PROPERTY DESCRIPTION ZEHNDER ANNEXATION NO.2 A parcel of land, located in the Southeast Quarter (SE1/4) of Section Seventeen (17), and in Southwest Quarter (SW1/4) of Section Sixteen (16), Township Five North (T.5N.), Range Sixty- four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 16 and assuming the West line of the SW1/4 of said Section 16 as bearing North 00°53'59" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2640.78 feet with all other bearings contained herein relative thereto; THENCE North 00°53'59" West along the West line of the SW1/4 of said Section 16 a distance of 449.82 feet to the North line of Highway 34 Annexation recorded April 23, 2013 as Reception No. 3926604 of the Records of Weld County; THENCE South 88°59'08" West along the North line of said Highway 34 Annexation a distance of 30.00 feet to a point on the Westerly Right of Way line of Weld County Road 53 (State Highway 37) and to the POINT OF BEGINNING; THENCE North 00°53'59" West along said Westerly Right of Way line a distance of 75.00 feet; THENCE North 01°38'55" East a distance of 674.75 feet; 4777081 Pages: 16 of 32 11/17/2021 01:28 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO IkIItrifiViI iiW i 111111 THENCE South 03°26'55" East a distance of 674.63 feet to the Easterly Right of Way line of Weld County Road 53 (State Highway 37); THENCE South 00°53'59° East along said Easterly Right of Way line a distance of 75.00 feet to the North line of said Highway 34 Annexation; THENCE North 12°26'45" West a distance of 149.88 feet; THENCE South 10°38'14" West a distance of 150.00 feet to the POINT OF BEGINNING. Said described parcel of land contains 20,313 Square Feet or 0.466 Acres, more or less (±), and is subject to any rights -of -way or other easements of record or as now existing on said described parcel of land. PROPERTY DESCRIPTION ZEHNDER ANNEXATION NO.3 A parcel of land, located in the East Half (E112) of Section Seventeen (17), and in West Half (W1/2) of Section Sixteen (16), Township Five North (T.5N.), Range Sixty-four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 16 and assuming the West line of the SW1/4 of said Section 16 as bearing North 00°53'59" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2640.78 feet with all other bearings contained herein relative thereto; THENCE North 00°53'59" West along the West line of the SW1/4 of said Section 16 a distance of 449.82 feet to the North line of Highway 34 Annexation recorded April 23, 2013 as Reception No. 3926604 of the Records of Weld County; THENCE South 88°59'08° West along the North line of said Highway 34 Annexation a distance of 30.00 feet to a point on the Westerly Right of Way line of Weld County Road 53 (State Highway 37); THENCE North 00°53'59" West along said Westerly Right of Way line a distance of 75.00 feet and to the POINT OF BEGINNING; THENCE North 00°53'59" West along said Westerly Right of Way line a distance of 325.00 feet; THENCE North 88°59'08" East a distance of 5.00 feet; THENCE North 00°28'40" West a distance of 3040.10 feet; THENCE North 89°05'42" East a distance of 5.00 feet; THENCE South 01°19'34" East a distance of 3040.00 feet; THENCE North 88°59'08" East a distance of 5.00 feet to the Easterly Right of Way line of Weld County Road 53 (State Highway 37); THENCE South 00°53'59" East along said Easterly Right of Way line a distance of 325.00 feet; THENCE North 03°26'55" West a distance of 674.63 feet; THENCE South 01°38'55" West a distance of 674.75 feet to the POINT OF BEGINNING. Said described parcel of land contains 82,878 Square Feet or 1.903 Acres, more or less (±), and is subject to any rights -of -way or other easements of record or as now existing on said described parcel of land. 4777081 Pages: 17 of 32 11/17/2021 01:28 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 PROPERTY DESCRIPTION ZEHNDER ANNEXATION NO.4 A parcel of land, located in the Southwest Quarter (SW1/4) of Section Four (4), East Half (E112) of Section Eight (8), West Half (W1/2) of Section Nine (9), East Half (E112) of Section Seventeen (17), and in West Half (W1/2) of Section Sixteen (16), Township Five North (T.5N.), Range Sixty-four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 16 and assuming the West line of the SW1/4 of said Section 16 as bearing North 00"53'59" West being a Gild Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2640.78 feet with all other bearings contained herein relative thereto; THENCE North 00°53'59" West along the West line of the SW1/4 of said Section 16 a distance of 449.82 feet to the North line of Highway 34 Annexation recorded April 23, 2013 as Reception No. 3926604 of the Records of Weld County; THENCE South 88°59'08" West along the North line of said Highway 34 Annexation a distance of 30.00 feet to a point on the Westerly Right of Way line of Weld County Road 53 (State Highway 37); THENCE North 00°53'59" West along said Westerly Right of Way line a distance of 400.00 feet and to the POINT OF BEGINNING; The following Twenty-nine (29) courses and distances are along the Westerly Right of Way lines of said Weld County Road 53 (State Highway 37); 1. THENCE North 00°53'59" West a distance of 1791.02 feet; 2. THENCE North 00°54'18' West a distance of 2641.22 feet; 3. THENCE South 88°55'55" West a distance of 58.80 feet; 4. THENCE North 03°38'47' East a distance of 26.12 feet; 5. THENCE North 49°31'47" East a distance of 78.60 feet; 6. THENCE North 08"11'00" East a distance of 168.54 feet; 7. THENCE North 08°11'17" East a distance of 535.96 feet; 8. THENCE North 41°17'35" West a distance of 54.59 feet; 9. THENCE North 03°42'25" East a distance of 335.19 feet; 10. THENCE North 04°38'54" West a distance of 74.25 feet; 11. THENCE North 40°49'25" West a distance of 23.50 feet; 12. THENCE North 41°50'36" East a distance of 29.00 feet; 13. THENCE North 11°51'31" West a distance of 48.05 feet; 14. THENCE North 89°17'05" East a distance of 32.84 feet; 15. THENCE North 08°11'17" East a distance of 154.73 feet; 16. THENCE North 05°46'21" West a distance of 62.17 feet; 17. THENCE North 08°11'17" East a distance of 50.99 feet; 18. THENCE South 81°44'11" East a distance of 15.00 feet; 19. THENCE North 08°11'17" East a distance of 966.47 feet; 20. THENCE North 81°48'43" West a distance of 46.00 feet; 21. THENCE North 08°11'17" East a distance of 95.86 feet; 22. THENCE South 80°37'53" East a distance of 46.69 feet; 23. THENCE North 09°22'07" East a distance of 418.61 feet to the beginning point of a curve, non -tangent this line; 24. THENCE along the arc of a non -tangent curve concave to the Southwest a distance of 358.10 feet, said curve has a Radius of 1850.00 feet, a Delta of 11°05'26" and is subtended by a Chord bearing North 09°05'58" West a distance of 357.54 feet to a line non -tangent to this curve; 25. THENCE North 17°39'13" West a distance of 295.20 feet; 26. THENCE North 19°08'43" West a distance of 262.10 feet; 4777081 Pages: 18 of 32 11/17/2021 01:28 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII I��l1��Mti I'r �i'r4�� RIM 27. THENCE North 22°13'13" West a distance of 279.40 feet; 28. THENCE North 17°55'43" West a distance of 112.00 feet; 29. THENCE North 14°13'43" West a distance of 229.74 feet to the West line of the Northwest Quarter of said Section 9; THENCE North 01 °09'43" West along said West line a distance of 736.21 feet to the Northwest corner of said Section 9; THENCE North 00°58'46" West along the West line of the SW1/4 of said Section 4 a distance of 2622.26 feet to the Southerly Right of Way line of Weld County Road 60 1/2 (State Highway 263); THENCE North 89°03'36" East along said Southerly Right of Way line a distance of 129.93 feet to the Easterly Right of Way line of Weld County Road 53 (State Highway 37); The following Twenty-eight (28) courses and distances are along the Easterly Right of Way lines of said Weld County Road 53 (State Highway 37); 1. THENCE South 44°01'14" West a distance of 134.25 feet; 2. THENCE South 00°58'46" East a distance of 1573.19 feet; 3. THENCE South 89°01'14" West a distance of 5.00 feet; 4. THENCE South 00°58'45" East a distance of 954.12 feet; 5. THENCE North 89°09'08" East a distance of 30.90 feet; 6. THENCE South 17°49'43" East a distance of 42.12 feet; 7. THENCE South 89°10'17" West a distance of 33.40 feet; 8. THENCE South 01°22'43" East a distance of 139.70 feet to the beginning point of a curve, non -tangent this line; 9. THENCE along the arc of a non -tangent curve concave to the Northeast a distance of 720.50 feet, said curve has a Radius of 2825.00 feet, a Delta of 14°36'46° and is subtended by a Chord bearing South 09°50'10" East a distance of 718.54 feet to a line non -tangent to this curve; 10. THENCE South 18°28'43" East a distance of 199.60 feet 11. THENCE South 19°08'43" East a distance of 128.00 feet; 12. THENCE South 31°27'13" East a distance of 102.00 feet; 13. THENCE South 19°08'43" East a distance of 282.10 feet; 14. THENCE South 17°38'13" East a distance of 304.66 feet to the beginning point of a curve, non -tangent this line; 15. THENCE along the arc of a non -tangent curve concave to the Southwest a distance of 232.68 feet, said curve has a Radius of 1970.13 feet, a Delta of 06°46'00" and is subtended by a Chord bearing South 11°15'41" East a distance of 232.54 feet to a line non -tangent to this curve; 16. THENCE South 50°05'43" East a distance of 56.59 feet; 17. THENCE South 05°07'23" East a distance of 109.86 feet; 18. THENCE South 39°54'17" West a distance of 56.57 feet to the beginning point of a curve, non -tangent this line; 19. THENCE along the arc of a non -tangent curve concave to the Northwest a distance of 207.73 feet, said curve has a Radius of 1970.13 feet, a Delta of 06°02'28" and is subtended by a Chord bearing South 00°40'01" West a distance of 207.63 feet to a line non -tangent to this curve; 20. THENCE South 06°41'11" West a distance of 304.59 feet; 21. THENCE South 08°11'17" West a distance of 1425.80 feet 22. THENCE South 19°29'47" West a distance of 102.00 feet; 23. THENCE South 08°11'17" West a distance of 676.70 feet; 24. THENCE South 07°31'17" West a distance of 198.60 feet to the beginning point of a curve, non -tangent this line; 25. THENCE along the arc of a non -tangent curve concave to the Southeast a distance of 117.65 feet, said curve has a Radius of 2825.00 feet, a Delta of 02°23'10" and is subtended by a Chord bearing South 04°59'25" West a distance of 117.64 feet to a line non -tangent to this curve; 26. THENCE South 89°15'59" West a distance of 21.67 feet; 4777081 Pages: 19 of 32 11/17/2021 01:28 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO NAM IideA'rG "III 27. THENCE South 00°54'18° East a distance of 2641.22 feet; 28. THENCE South 00°53'59" East a distance of 1790.91 feet; THENCE South 88°59'08" West a distance of 5.00 feet; THENCE North 01°19'34" West a distance of 3040.00 feet; THENCE South 89°05'42" West a distance of 5.00 feet; THENCE South 00°28'40" East a distance of 3040.10 feet; THENCE South 88°59'08" West a distance of 5.00 feet to the POINT OF BEGINNING. Said described parcel of land contains 21.677 Acres, more or less (t), and is subject to any rights -of -way or other easements of record or as now existing on said described parcel of land. PROPERTY DESCRIPTION ZEHNDER ANNEXATION NO.5 Lots A and B, Recorded Exemption No. 0963-05-4 RE3600 recorded April 13, 2004 as Reception No. 3170170 of the Records of Weld County, and a portion of the Westerly Right of Way line of Weld County Road 53 (State Highway 37), located in the South Half of Section Five (5), and in Northeast Quarter (NW1/4) of Section Eight (8), Township Five North (T.5N.), Range Sixty-four West (R.64W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the Southeast corner of said Section 5 and assuming the East line of said Section 5 as bearing North 00°58'46" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 5232.32 feet with all other bearings contained herein relative thereto; THENCE South 01°09'43" East along the West line of the NE1 /4 of said Section 8 a distance of 736.21 feet to the Westerly Right of Way line of Weld County Road 53 (State Highway 37); The following Seven (7) courses and distances are along the Westerly Right of Way lines of said Weld County Road 53 (State Highway 37); 1. THENCE North 14°13'43" West a distance of 173.25 feet; 2. THENCE North 01°15'43" West a distance of 385.37 feet; 3. THENCE North 01°11'49" West a distance of 182.38 feet; 4. THENCE North 89°16'41" East a distance of 9.95 feet; 5. THENCE North 00°58'46" West a distance of 339.94 feet; 6. THENCE South 89°01'14" West a distance of 20.00 feet; 7. THENCE North 00°58'46" West a distance of 43.57 feet to the South line of said RE3600; The following Nineteen (19) courses and distances are along the Southerly, Westerly and Northerly lines of said RE360; 1. THENCE North 55°58'47" West a distance of 71.96 feet; 2. THENCE North 68°28'46" West a distance of 217.00 feet; 3. THENCE North 71°18'46" West a distance of 190.00 feet; 4. THENCE North 66°58'46" West a distance of 214.00 feet; 5. THENCE North 81°58'46" West a distance of 244.00 feet; 6. THENCE North 86°48'46" West a distance of 258.00 feet; 7. THENCE North 78°48'48" West a distance of 220.00 feet; 8. THENCE North 70°48'45" West a distance of 140.00 feet; 9. THENCE North 76°33'46" West a distance of 407.00 feet; 10. THENCE North 73°48'46" West a distance of 140.00 feet; 11. THENCE North 63°38'46" West a distance of 126.00 feet; 12. THENCE North 47°38'46" West a distance of 92.00 feet; 13. THENCE North 38°58'46" West a distance of 101.00 feet; 14. THENCE North 28°58'46" West a distance of 178.00 feet; 15. THENCE North 48°23'46" West a distance of 85.56 feet; 16. THENCE South 88°52'54" West a distance of 53.33 feet; 4777081 Pages: 20 of 32 11/17/2021 01:28k PM Rec ee:$0.00 County CO Carly Koppes, rG+ IVINA1A«+4l05+16li II III 17. THENCE North 82°13'16" West a distance of 132.68 feet; 18. THENCE North 01°22'14" West a distance of 1221.14 feet to the South Right of Way line of Weld County Road 601/2 (State Highway 263); 19. THENCE North 88°45'12" East along said South Right of Way line a distance of 2637.00 feet to the East fine of the Southeast Quarter of said Section 5; THENCE South 00°58'46" East along said East line a distance of 2622.26 feet to the POINT OF BEGINNING. Said described parcel of land contains 110.306 Acres, more or less (±), and is subject to any rights -of -way or other easements of record or as now existing on said described parcel of land.. 4777081 Pages: 21 of 32 11/17/2021 01:28 PM R Fee:$0.OO d County CO Carly Koppes, Clark and Recorder, ���� ��IL'R4.IVi��I �Nil'Rw� b ��� '���'t h�L'�I�J�iW ► 11111 Zehnder Annexations 1, 2,3,4,5 Annexation Impact Report June 26, 2018 i. A map or maps of the Town and adjacent territory showing the following information: a) The present and proposed boundaries of the Town in the vicinity of the proposed annexation. b) The present streets, major trunk waterlines, sewer interceptors and outfalls, other utility lines and ditches and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation. c) The existing and proposed land use pattern in the areas to be annexed. Please see the attached maps depicting the information as outlined above. ii. A copy of any draft or final pre -annexation agreement, if available. A copy of the Annexation Agreement is not available at this time. iii. A statement of the Town's plans for extending or providing for municipal services within the area to be annexed. This annexation includes approximately 109 acres of existing agricultural land and existing CR 53 right-of-way. The existing homes are served by North Weld Water District and ISDS. Until the property is developed, the only Town of Kersey municipal services to be extended to the annexed area will include Police protection and road maintenance. The Town has evaluated existing road maintenance and Police resources and does not anticipate the need for additional resources to serve the area to be annexed at this time. iv. A statement of the Town's plans for the financing of municipal services to be extended into the area to be annexed. The Town's policy requires new development to pay for improvements required to serve the property. The Town has developed master plans for extension of municipal services to the area. If improvements to the Town's system are required to serve the property at the time of development, the developer will be responsible for financing and construction of the improvements, with provisions for reimbursement as other users tap in to the improvements. Future financing of required public improvements may include formation of a metropolitan or other special district. v. A statement identifying all existing districts within the area to be annexed. List of Districts: Aims Junior College Central Colorado Water (CCW) Central Colorado Water Subdistrict (CCS) Central Weld County Water (CWC) High Plains Library District Northern Colorado Water Conservancy District Northern Weld County Water District Platt Valley Fire Protection District Platte Valley School District RE -7 Kersey Weld County West Greeley Conservation District vi. A statement of the effect of the annexation upon the school district governing the area to be annexed, including the estimated number of students generated and the capital construction required to educate such students. This annexation consists of existing agriculture two homes and county road right-of-way. Future land use will include continued agricultural production and an event venue. There are no plans to develop residential units at this time. We do not anticipate that annexation of the property will have an impact on the School District. 4777081 Pages: 22 of 32 Ca Carly KoPP 11/17/2021 01:28 PM and Recorder, Weld County , CO 11111 Carly KopPes �1`,`' VICINITY MAP SCALE: 1"=2000. Zehnder Annexation Vicinity Map August 6 2021 4777081 Pages: 23 of 32 11/17/2021 01:28 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III W)jIi NI!I'LIWthU Rsv IWAKtt'KI'Ic 111111 ..es —fat ZEHINDER ANNEXA TIONNO•S 1, 2, 3 a1 and S TO THE TOWN OFKERSEY Of Lots A & B. Recorded Exemption No. 0963.054 RE3600 and a portion of Weld County Road 53. Situate in the Southeast Quarter of Section 5, Southwest Quarter of Section 4, East Half of Section 8, West Half of Section 9, East Half of Section 17, and West Halt of Section 16, Township 5 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado -"inar s ara. 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WI.. ...rya .v. r a- Y.•- (Slaw `��NARY Psr saran•• • aft - Sr e a - at aa�`� -a rwe ear ••teff.}-Gill 112 I aw►t:tots Sol' -tall - aiS :0 II t,hRlt PII2 -.p 30 70 aD I.• Mitt /OIIfWIY - N.444 IS L/ •&t10 • I St* taw - fan tarn ata ataa. -aa'-.r u COIITY.:IOI'i litt lsn - &.JOt -7 V 1 4Tti rtmlTtlt • 70.1501/2 L/ tent a7?CIIla1 lint w LP Litt - PM, iWa - ItO JCS at= 1 _ anti Mel r O -•• sr 4777081 Pages: 24 of 32 11/17/2021 01:28 P11 R Recorder,F$0.01 d County t Y CO Carly KoPpesl Clerk and � 111 rdilliqUICAVAtiiiii+1 1111 ZEJIINDERANNEXATION NOSI, 2, 3 4and 5 TO THSTOWNOFRF.2SFY I rscaxv r} Of Lots A & B Recorded Exemption No 0963-051 RE3600 and a portion of Weld County Road 53 &mow m the Southeast Quarter of Section 5 Southwest Qtatter of Section 4 East Half of Seaton B Wert Half of Secnon 9 Bast Half of Section 17 and West Half of Section 16 Township 5 North Range 64 West of the 6th p M County of Weld, State of Colorado x. I, avow 4raaN}.or T se PRELIMINARY o I-/ / / / / / � I / / / w mr/st. / �f / / N 2 4777081 Pages: 25 of 32 11/17/2021 01 28 PM R Fee $0 00 Carly Koppes, Clerk and Recorder, Weld County , CO ®���MICE kif ifi 114 VALHI ®I III ZEIIINDER ANNEXA TIONNO.S 1, 2.3 4 and S TO THE, TOWN' OFAERSEJ" Of Lots A & B. Recorded Exemption No. (1963-05.4 RE3600 and a portion of Weld County Road 53, Situate in the Southeast Quarter of Section 5, Southwest Quarter of Section 4. East Half of Section 8, West Half of Section 9, East Half of Section 17, and West Half of Section 16. Township S North, Rarhe 64 West of the 6th P.M.. County of Weld, State of Colorado 'Z St 2 -m 70a IIC icAL w ray LEGEND Las+ as — asa► a al/ISJ ------ a S Mar' . ritillast O U.r.0 - PRELIMI%ARY wWar►♦WO" raW-ONOMMO Pages: 26 of 32 4777081 0.00 co R Fee:$ 11/17/2021 01:28 PM Weld d County Carly Koppes, Clerk and Recorder, IA 11111 liMAI1/44114.1Lt%1ii `I��1� */3012or ,arn.al W Lis :b 0 Fate a a0 Ka' J d• ZEHINDERANNEXA! ANNEXATION 2, 3, dandy 70 THE TOWN OFKERSEY Of Lots A A B Recorded FEempuon No 0963-05-4 RE3600 end a paruon of Weld County Road 53 Smote in the Southeast Quarter of Seeman 5 Southwest Quarter of Seaton 41 East Half ofSe000n 8 Wert Half of Sexton 9 EontHalf ofSemon 17 and West Half of booboo l6 Township 5 North Range 64 West of the 6th P M County of Weld, State or Colorado MM.uw55.105 5051 s a 4 "a s ""r".(4151•55. KING SURVEYORS ! 1g'; i:� i 66Ge G„t On I 555.5.r ..moms F' B' " 6.1 4 6 evua s emit PMm 670) 6166011 I cm..� m une.525 neem i i ar s — l t 1...,....::•:%.......... — II I �t I� II �( 500 56 ita. resat To t7716:611".. ' I i m ' mom _ FREIJAIINARY 4777081 Pages: 27 of 32 11/17/2021 01 28 PM R Fee $0 00 Carly Koppes, Clerk and Recorder, Weld County , CO III KERSEY COLORADO, Planning Areas Co Rd 62 v ac q Rd 54.3 Co Rd 5I FEMA Flood Classifications at 500 -Year Flood Area 100 -Year Flood Area cr; Co Rd 60 0 1 0 O CoRd58S Kersey Influence Area LEGEND KERSEY INFLUENCE AREA (KIA) KERSEY SECONDARY URBAN GROWTH AREA 1 4 KERSEY PRIMARY URBAN GROWTH AREA 4777081 Pages: 28 of 32 11/17/2021 01:28 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III IPjl'/V di 'YIN% Mill fC�� RG AND ASSOCIATES, llC • KERSEY, COLORADO Future Land Use - Large Scale CR 62 i witiv 0 Kersey Regional Business Center 0.5 1 ere CCI U' 2 I I, Miles N 37! r- t _ - : Kersey Influence Area 0 Kersey Regional Business Center 1 Single Family Residential Multi -Family Residential Downtown Mixed Use ;sic Highway Area Mixed Use Commercial Schools Government / Public Cemetery Parks and Open Space Mobile Home Park Light Industrial Undetermined Use ) Kersey Core Business District Parcels Kersey Municipal Boundary n 8 F Ns 2,RG AND ASSOCIATES, LLC bxrwwwaSate KO. 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Ai` •... q..la..a..% 4777081 Pages: 29 of 32 m 11/17/2021 01:28 PM and Recorder, {�, W��� R Fee:$0.00 $ CO ,I III Carly ;oPPe5: C18�'kO:itlf�i11��Yi�tB■1'�Ti������'t1iitt, KERSEY COLORADO, Transportation Map ra 0 erek s FEMA Flood Classifications 100 -Year Flood Area o ass os am a a V :• •aaa••aa •••Na rev e CICo Rd.52 O cc Lecena: i EXISTING MAJOR ARTERIAL EXISTING MINOR ARTERIAL PROPOSED MINOR ARTERIAL EXISTING COLLECTOR PROPOSED COLLECTOR 4777081 Pages: 30 of 32 11/17/2021 01:28 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 111111 IL"7 RG ktO ASSOCIATES, LW KERSEY, COLORADO Utility Districts . it 0 Co Rd 62 in v CC o ICo-Rd-62 -- tic" ......---41—._._...-`v�--•------�r--6o-Rd`�6-2 v w re -o O o a a ▪ g U Co,Rd.60:5 #._ v Co Rd 010 2,4 Xcel Electric •�:�:�: ��,� k -.. re Co Rd 60 v CC 54.5 v 0 e _-_ rft 0 U I Co Rd 52 FEMA Flood Classifications 100 -Year Flood Area 0.5 1 l ie; Co Rd 58 Co Rd 58 Co Rd 54 0! 0 U Rdz56 rn 0 U I Xcel Electric u) CC O U Poudre Valley (PVREA) N CC a U Xcef Electric Co Rd 54 a 0 O Co Rd 52 Kersey Influence Area Co Rd 388 Co Rd 52.5 ----- SUSS • MOO (2114 nom.-------00•Rd•50---._.---SIM - r` Via Kersey Municipal Boundary Kersey Influence Area I Cate Friday May 06 2016 Utility Districts Poudre Valley Rural Electnc Association Public Service Company of CO (Xcel Energy; Utility Providers ■ Water Provided by Central Weld County Water District through the Town of Kersey • Sewer Provided by the Town of Kersey • Natural Gas Provided by Atmos Energy 4777081 Pages: 31 of 32 11/17/2021 01:28 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO III r4j I44&ric P1%! 111111 3 RG AND ASSOCIATES, LLC w.NPY,, VS:.Y • Mrs emir li-Cfl la: Pa IMP Ii •••.r . KERSEY COLORADO, Environmental Issues Co Rd 52 FEMA Flood Classifications 500 -Year Flood Area alal 100 -Year Flood Area fo•Rd•62—•—•I•—•-- 0 V -a —k---- MODERATE IMPACT WILDUFE AREA Southern no is footling for waterfowl Habitat a O v Co Rd 60 .ac LOW 8 nDUF'E AREA Co Rd 58.5 Co Rd 54 LOW IMPACT y N ' WILDLIFE AREA I V )Co Rd 52 Kersey Influence Area Co Rd —a g 8 -.-.—• air SS. �..ml...••--•-----suns Co.Rd.50.-.—. . _sr 4777081 Pages: 32 of 32 11/17/2021 01:28 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII PlIgnialiChir�Hitt'IN N�FL�VIII ic liii Legend: C 0 H 0 s I RPARYw - P0TINT1AI FOR e SECT TO KIM NAEITAT ROTORU.. TOR boDERATE WRAC? TO RtlMfI HABITAT PCRDRUL roe IOM *PACT TO RG AND ASSOCIATES, LLC Hello