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Home My WebLink About20200859.tiffTOWN OF KEENESBURG FOUNDED JULY, 1906 A MUNICIPAL CORPORATION SINCE JULY, 1919 Clerk of the Weld County Bd. of County Comm'rs P.O. Box 758 Greeley, CO 80632 Central Colorado Water Conservancy District 3209 W. 28th Street Greeley, CO 80634 High Plains Library District 2650 W. 29th Street Greeley, CO 80631 Dear Sir or Madam: March 5, 2020 Bruce Barker, Esq. Weld County Attorney 915 10th Street Greeley, CO 80632 Hudson Fire Protection District P.O. Box 7 Hudson, CO 80642 RECEIVED MAR 0 9 2020 WELD COUNTY COMMISSIONERS Aims Junior College P.O. Box 69 Greeley, CO 80632 School District RE -3J P.O. Box 269 Keenesburg, CO 80643 Enclosed please fmd notification of a proposed annexation to the Town of Keenesburg, Colorado, to be known as the Oliver Annexation No. 1 and No.2. The public hearing on the proposed annexation is scheduled for Monday, April 6, 2020 at 6:00 p.m., as described in the enclosed Resolution No. 2020-07. Also enclosed are copies of the Petition for Annexation as filed with the Town and the notice published in the Greeley Tribune on February 26, and March 4, 11, and 18, 2020. 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 Pvbl :c Rev Q3/Ib/2fl Cc: S00KS), PL.CT P), c-(Kw/hilt/?p p (ER/cH/SS(P),RSR(DK/56),61S(SG) o3/lo/2O 2020-0859 RESOLUTION NO. 2020-07 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF KEENESBURG, COLORADO, KNOWN AS THE OLIVER ANNEXATION NO. 1 AND NO. 2 TO THE TOWN OF KEENESBURG, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Oliver Annexation No. 1 and No. 2 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, April 6, 2020 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. 1 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 18`h day of February, 2020. ATTEST: 2/7/20207:05 PM (kmi:( R:1Keenesburg Annexation\OlivcrlSubsianlial Compliance Reso Oliver docx 2 EXHIBIT A LEGAL DESCRIPTION Oliver Annexation — No. 1 To The Town of Keenesburg: Being portions of the Southeast Quarter of Section 19 and the Southwest Quarter of Section 20, both in Township 2 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows; Considering the West line of the Southeast Quarter of said Section 19, Township 2 North, Range 64 West as bearing North 00°00'00" West and with all bearings contained herein relative thereto; BEGINNING at the Southeast Corner of said Section 19; thence along the West line of the Southeast Quarter of said Section 19 North 00°00'00" West 30.00 feet to a point on the North Right -of -Way of Weld County Road 18, said point being the TRUE POINT OF BEGINNING; thence departing said West line and along said North Right -of -Way North 89°19'14" West 87.01 feet to the Southwest corner of Lot A of Corrected Recorded Exemption No. 1305 -19 -4 -RE -2907; thence departing said North Right -of -Way and along said West line of Corrected Recorded Exemption No. 1305 -19 -4 -RE -2907 North 46°54'21" West 74.13 feet to a point on the West line of Lot A of said Corrected Recorded Exemption No. 1305 -19 -4 -- RE -2907; thence departing said West line South 89°19'14" East 111.14 feet; thence North 10°13'47" East 168.92 feet to the East line of the Southeast Quarter of said Section 19; thence departing said East line South 07°52'22" East 219.02 feet to a point on the North Right -of -Way of Weld County Road 18; thence along said North Right -of -Way North 89°19'14" West 30.00 feet to a point on the East line of the Southeast Quarter of said Section 19 and the TRUE POINT OF BEGINNING. The above described Oliver Annexation No. 1 contains 0.26 acres, more or less, and is subject to all existing easements and/or rights of way of record. Oliver Annexation — No. 2 To The Town of Keenesburg: Being portions of the Southeast Quarter of Section 19 and the Southwest Quarter of Section 20, both in Township 2 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows; Considering the East line of the Southeast Quarter of said Section 19, Township 2 North, Range 64 West as bearing North 00°00'00" West and with all bearings contained herein relative thereto; BEGINNING at the Southeast Corner of said Section 19; thence along the West line of the Southeast Quarter of said Section 19 North 00°00'00" West 30.00 feet to a point on the North Right -of -Way of Weld County Road 18; thence along said North Right -of -Way North 89°19'14" West 87.01 feet to the Southwest corner of Lot A of Corrected Recorded Exemption No. 1305 -19 -4 -RE -2907; thence departing said North Right -of -Way line and along said West line North 46°54'21" West 74.13 feet to the TRUE POINT OF BEGINNING; thence continuing along the Westerly line of said Corrected Recorded Exemption 3 the following Four (4) courses and distances: North 46°54'21" West 295.25 feet; North 33°54'45" West 94.01 feet; North 24°14'00" West 167.81 feet; North 32"45'09" West 42.11 feet; thence departing said Westerly line and along the Northerly line of Lot A of said Corrected Recorded Exemption and along the Easterly prolongation of said North line North 88°14'51" East 531.10 feet to the East Right -of -Way of Weld County Road 51; thence along said East Right -of -Way line South 00°00'00" East 536.45 feet to the North Right -of -Way of Weld County Road 18; thence departing said East Right -of -Way and said north Right -of -Way North 07°52'22" West 219.02 feet to a point on the East line of the Southeast Quarter of said Section 19; thence departing said East line South 10°13'47" West 168.92 feet to a point on the West Right -of -Way line of Weld County Road 51; thence departing said West Right -of -Way line North 89°19'14" West 111.14 feet to a point on the West line of Lot A of said Corrected Recorded Exemption and the TRUE POINT OF BEGINNING. The above described Oliver Annexation No. 2 contains 4.12 acres, more or less, and is subject to all existing easements and/or rights of way of record. 4 NOTICE OFPU LIIC HEARINGS Notice is hereby given that the Planning and Zoning Commission of the Town of Keenesburs will=. hold a Public Hearing cornrh`lendng at 6:00 p.m., Thursday, Aprtt 2, 2020 at the Keenesburg Town Hall, 140 South Main Keenesburg Colorado 80643. The purpose of the PUNlo Hearing is to con- sider a request for initial zoning of property proposed to be annexed to the Town and known as the. Oliver Annexation No. 1 end No. 2 to the Town of Keansburg and a Use by Special Review to au- thorize a vehicle lowing and recovery buolowos with an operators resider.ce The zoning request- ed is Light Industrial (LI) Further Notice is hereby given that era Board of Trustees of the Town of Koenesburg will hold a Public Hearing commencing at 6:00 p.m., Monday, April B, 2020 at the Keeneeburg Town Hell, 14p South Maln, Keansburg, Colorado 80643 The purpose al the Public Hearing Ito determine ' whether certain property for which a petition for annexation has been filed with the Town, to be_ known as the Oliver Annexation No. t and No. 2 to the Town of Keansburg, meets the applicable: requirements of the statutes of the Slate of Colorado and Is etglble.forannexation to the Town, to" consider a request for lutist zoning of the property. and he consider en application fora Use by Special Review to authorize a vehicle towing end recovery business with en operators residence. The zoning requested is Light industrial (L1). Any person may appear at the Public Hearings and be heard regarding the matters under consder :alien. The approximate location of the property is the northwest corner of the intersection of Weld f'County Roads 18 and 51. The legal description of the property that is the aubiect of thewrneua- . Ilion, zoning and sketch pan request Is sal forth below In Exhibit A to Resoutlen No. 2020-07. Copies of the annexation petition, zoning request, use by special review, emit other related appticr. lion materials, end the resohdlon finding that the annexation petition is in substantial compliance with the applicable laws of the State of Colorado are on tile end available for public Inspection in the office of the Town Clerk, 040 South Man. Keonosburg. 00.80843. during regularbusineas hours. Dated the 19th day of February, 2020. TOWN OF KEEPIESBURG, COLORADO-, Christina Fernandez Town Clerkr....z' Publication Dates. February 26 end March 4. 11, and 18, 2020, in the Cereetey Tnbune. RESOLUTION NO. 2020-07 A FILED WITH.THE TION OWN OF KEgNESBURANTIALG COLORADO KNOWN AMPLIANCE FOR AN ANNEXATION THE OLLIVEPR�. ANNEX- ATION 00.1 AND ND.2 TO THE TOWN OF KEENESBURG, AND SETTING'A PUBLIC'HEAR- ING THEREON. WHEREAS, a petition for annexation of certain property to be known sake .OIIwrAnnexation No. 1 and No. 2 to the Tarn of Keansburg has been tiled with the Town Clerk of the Town of Keansburg, Colorado, and referred fo the Board of Trustees of the roam fore determination of substantial compliance with applicable. law; oral WHEREAS, the Board of Trustees wishes to permtt simultaneous conetderation of the subject prop -l",' any for annexation end zoning, It requested in the petition; and WHEREAS, the Board of Trustees has reviewed the pettier and desires to adopt by this its findings with regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF KEENESBURGt COLORADO: Section 1, Tha triton, the begat description ter welch is set forth h5 Exhibit A attached hereto and Incarpura"tetl herein by relerence, is to substantial compliance with the appbcable 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 pe- t0ions, S-ectiog 4, The Board of Trustees will hold a public hearing for the purpose or determining if the proposed annexation complies,with C.R.S. §§ 31.12-104 and 31-12-105, and will hold a public hearing lo determine the appropriate zoning of the subjectpropery, if requested in the petition at the Keenesburg Town Hall; 140 S. Main, Keansburg, Colorado 80643, on 89ondey„Aprll 6 2020 Sectl aln, or `ioyl pg rson may appear al such heating and present evidencereleflve to the proposed proposed zoning if requested In the petition. Section B. Upon completion of the hearing, the Board of Trustees will set forth by resolution, its endings and conclusions with reference fo the ellgihilny of the proposed annexation, and whether the statutory requirementr:lor the proposed annexation have been met, and further, will determine the appropnete zoning of the sub)edproperty if requested in the petition. Socapn 7, It the Board of Trustees coo -Aides, by resolution. that as statutory requirements have been met end that the proposed annexation is proper barter the taws of the State of Catorado. the Boardef Trustees may pass one or more ordinancesennexing 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 18th day of February, 2020. ATTEST: Kenneth -gig —et Mayor Mayor Christine Fernandez Town Cloth EXHIBIT A LEGAL DESCRIPTION Oliver Annexation -Bo. 1 To The Town et Keenesbrt Being portions of the Southeast Quarter of Section 19 and the Southwest Quarter of Section 20, both in Township 2 North, Range 64 West of the 0th P,M., County of Weld, Slate of Colorado, being more particularly described as lo9ows; Considering the West line of the Southeast Quarter of said Section 19, Township? Ndnh, Rang° 64 West as. bearing North 00°00'09° West and with a8 bearings contained heroin relative thereto; BEGINNING at the Soonncast Comer of said Section 19;thence along the West tine ofthe South- east Quarter of said Bastion 19 North 00°i10'DO' West 3089 feet to a point on. the North Right -of - Way of WeltiCounty Road 18, said ROM being ths'TRUE POINT OF BEGINNING ; thence depart- ing said West floe and along satd.Nath Right -of -Way. North 89°19'14' West87,4t feet to the Southwest corner of Lot A of Corrected Recorded Exemption No, 1305.19 -4 -'RE -2997; thence de- parting said North Right -of -Way and along said West line of Corrected Recorded Exemption No. • 1305 -19 -4 -RE -2907 North 48°5421" West 74.13 feel to a perm op the West line of Lot A, of said Corrected Recorded Exemption No. 1305 -10.4 —RE -2907; theism de said West line South 89°19'14° East 111.14 feet; thence North t0°13'47' East 15892 feet to the East teeof the South- east Quarteref said Section 19; thence deparin9 said East line South 07°52'22' Eagt 219,02 Teel to a point on the North Right -of -Way of Weld County Road 18; thence along said North Right -of - Way North 89°19.44' West30.009eet to a point on the -East line of the Southeast Deader of said Section 19 antlers TRUE POINT OF BEGINNING. The thous described Oliver Annotation No. 1 contains 0,26 acres, mere or Less, end.is subject to all existing easements anit/or rights of way of record. iver . Being portions of the lSoutheasQuarter of Section 18 The the Souullhwe t Quarter of Section 20, both m,Townshfp 2 North, Range 04 West of [ha 6th P.M., County of Weld, State of Colorado, being more particularly described as follows; Considering the East line of the Southeast Quarter of sale S lion le. Township 2 North, Range 64 West as bearing North 00°00'00 -'West and With aU bearthg,s contained herein relative thereto; BEGINNING at the Southeast Comer of said Section 19; thence alono We Went I6 -so of the South- east Quarter of said Section 19 North 00 WOO" Wool30.00 teeth a point on the North Right -of. Way of Weld County Roao 18; thence along said North Right -of -Way North 69°19'14' West 9781 last In Ito Southwest comer of Lot A of Connected Recorded Exemption No. 1305-10.4•RE-2907; 'thence departing sold North Right-ot-Way line and along said West fine North 46154'21'West 74,19 feet to the TRUE POINT OF BEGINNING ; thence continuing along the Westerly line of sold Corrected Recorded Exernpffus the following Four (4) courses and distance. Nonn 46"54'2-° West 295,25 feet; Nodh33°54'45" West 94.01 feet; Nor1h24'14'00° West 167 81.(oat, North 3245'09° West 42,11 feet; thence departing sold Westerly fine and along the Northerly One of Lot A of said Corrected Recorded Exemption and along the Easterly prolongation of said North line North 88°14'51" East 531:10 feet to the East Righl-of-Way of Weld County Read 51; thence along sold East Right -of -Way line South 00°00'00' East 035.45 feet to.the North Rlght.ofeWay of Weld Count' Read 18; thence departing said East Right -of -Way andsaid north Flight -of -Way North 07°5222' West 219.02 feet to a point on the East Ilrre of the Southeast Quarter of said Section 19; thence depadmg said East line South 10°13'47' West 168.92 rest toe 90101 on the Weal Flighbof- WayOne of Weld Counry Road 5l; thence departing said West Rlght-of•Way line North 89°19'14' Wept 111,14 feet to a point on the West line of Lot A.of said Corrected Recorded Exemption and the TRUE POINT OF BEGINNING. I The above described Oliver Annexation No: 2 cenfams 4,12 acres, more or less, and is Stabled to ell existing easements and/or rights of way of record The Tribune February 26, Marsh 4, 11 18, 2020 - ,_. -F Town Clerk 1- Publication Dates: February 26 and March 4, 11, and 18, 2020, in the Greeley Tribune. 0 RESOLUTION NO. 2020-07 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF KEENESBURG, COLORADO, KNOWN AS THE OLIVER ANNEX- ATION NO. 1 AND NO. 2 TO TfhETOWN OF KEENESBURG, AND SETTING A PUBLIC HEAR_ ING THEREON, n- WHEREAS, a petition for annexation of certain property to be known as the Oliver Annexation ,‘• No. 1 and No. 2 to the Town of Keenesburq has been 1, Keenesburg Colorado, and referrec to the Board of Trustees with of the wClerk ora determination of II, - substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject prop- erty for annexation and zoning, if requested In the petition; and WHEREAS, the Board of Trustees has reviewed the petitionend desires to adopt by thisresolutionIts 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 a. No additional terms and conditions are to be imposed except any provided for in the pa. bens. - Section 4. The Board of Trustees wit hold a public hearing for the purpose of determining if the ty. proposed annexation complies with C.A.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 Hell; 140 S. Main, Keenesburg, Colorado 80643, on Monday April 6, 2020 — at_ 6:0 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. - I- Section 6_ Upon completion of the hearing, the Board of Trustees wilt set forth, by resolution, its findingsand 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 eppropnate zoning of the subject properly 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 Slate 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 proporty if requested in the g petition. INTRODUCED, READ. and ADOPTED this 18th day of February. 2020, ATTEST' Kenneth Oilier, Mayor Christina Fernandez, Town Clerk EXHIBIT A LEGAL Oliver Annexation DESCRIPTION - No ®To The own of Keenesburg: Being portions of the Southeast Quarter of Section 19 and the Southwest Quarter of Section 20, both in Township 2 North, Range 64 West of the 6th P.M., County of Weld. State of Colorado, being more particularly described as follows; Considering the West line of the Southeast Quarter of said Section 19, Township 2 North, Range 64 West as bearing North 00°00'00" West and with all bearings contained herein relative thereto, BEGINNING at the Southeast Corner of said Section 19; thence along the West -line of the South- east Quarter of said Section 19 North 00'00'00° West 30 00 feet toe point on the North Right -of - Way of Weld County Road 18, saki point being the TRUE POINT OF BEGINNING ; thence depart- ing said West line and along said North Right -of -Way North 89°19'14" West 87,01 feel to the Southwest corner of Lot A of Corrected Recorded Exemption No. '305.19.4 -RE -2907; thence de- parting said North Right-of-Wayand along said West line of Corrected Recorded Exemption No, 1305.19 -4 -RE -2907 North 46°554'21' West 74.13 feat to a point on the West line of Lot A of said Corrected Recorded EzemptionNo, 1305-19-4--RE-2807; thence departing said West line South 89°19't4" East 111 14 feet; thence North 10'13'47" East 168.22 feet to the East line of the South- east Quarter of said Section 19; thence departing said East line South 07°52'22` East 219.02 feet to a point on the North Right -of -Way of Weld County Road 18: thence along said North Right -of - Way North 89°19'14' West 30.00 feet toe point on the East -line of the Southeast Quarter of said Section 19 and the TRUE POINT OF BEGINNING,. The above described Oliver Annexation No. 1 contains 0.26 acres, more or less, and is subject to - all existing easements and/or rights of way of record. Oliver Annexation— No. 2 To The Town of Keenesburg: Being portions of the Southeast Quarter of Section 19 and the Southwest Quarter of Section 20, both in Township 2 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows; Considering the East line of the Southeast Quarter of said Section 19, Township 2 North, Range 64 West as bearing North 00°00'00' West and with all bearings contained herein relative thereto; BEGINNING at the Southeast Corner of said Section 19; thence along the West line of the South- east Quarter of said Section 19 North 00°00'00" West 30,00 feet to a point on the North Right -of- t- Way of Weld County Road 18; thence along said North Right -of -Way North 89°19'14" West 87.01 feet to the Southwest corner of Lot A of Corrected Recorded Exemption No. 1305 -19.4 -RE -2907; thence departing said North Right -of -Way line and along said West line North 46°54'21" West 74.13 feet to the TRUE POINT OF BEGINNING ; thence continuing along the Westerly line of said Corrected Recorded Exemption the following Four (4) courses and distances: North 46°54'21' West 295.25 feet; North 33°54'45" West 94,01 feet, North 24°14'00" West 167.81 feet; North e 32°45'09" West 42.11 feet; thence departing said Westerly dine and along the Northerly line of Lot A of said Corrected Recorded Exemption and along the Easterly prolongation of said North line North 88°14'51° East 531.10 feet to the East Right -of -Way of Weld County Road 51; thence along said East Right -of -Way line South 00°00'00" East 536.45 feet to the North Right -of -Way of Weld County Road 18; thence departing said East Right -of -Way and said north Right -of -Way North 07°5222' West 219.02 feet to a point on the East line of the Southeast Quarter of said Section 19; thence departing said East line South 10'13'47' West 168,92 feet to a point on the West Right -of - Way line of Weld County Road 51; thence departing said West Right -of -Way line North 89°19'14" West 111,14 feet toe point on the West line of Lot A of said Corrected Recorded Exemption and • the TRUE POINT OF BEGINNING. al The above described Oliver Annexation No. 2 contains 4.12 acres, more or less, andis subject to It. all existing easements and/or rights of way of record. The Tribune February 26, March 4, 11, 18,: 2020 4 Gt a [6 TOWN OF KEENESBURG FOUNDED JULY, 1906 A MUNICIPAL CORPORATION SINCE JULY, 1919 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 OLt VtzR No. t AN 0 14o.. a 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. 9. The territory proposed to be annexed does not include any area which is the same or substantially the same area in which an election for an annexation to the Town of Keenesburg was held within twelve months preceding the filing of this petition. h. The territory proposed to be annexed does not include any area included in another annexation proceeding involving a town other than the Town of Keenesburg i. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. j. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Keenesburg more than three miles in any direction from any point of the boundary of the Town of Keenesburg in any one year. k. The territory proposed to be annexed is 4e.aacres •in total area. I. Prior to completion of the annexation of the area proposed to be annexed, a plan will be in place, pursuant to Section 31-12-105(1)(e), C.R.S., which generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, and sanitation to be provided by the Town of Keenesburg; including the providers of transportation, light, natural gas, and power, and the proposed land uses for the area; such plan to be updated at least once annually. m. In establishing the boundary of the area proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the area annexed, and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Keenesburg but is not bounded on both sides by the Town of Keenesburg. 3 The owners of more than fifty percent (50%) of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. The signatures on this petition comprise one -hundred percent (100%) of the landowners of the territory to be annexed and said landowners attesting to the facts and agreeing to the conditions herein contained will negate the necessity of any annexation election. 4. Accompanying this petition are four copies of an annexation map as well as an electronic file that will contain the following information: a. A written legal description of the boundaries of the area proposed to be annexed, in the form of a title commitment issued within 30 days of the application date; 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 propos d to be ann xed is LIG, I -r 1W0u5TR/41 -CLi) (Ke6fi=Siiu,I)) . 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 "K 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 circulatcy of the foregoing Petition for Annexation of lands to the Town of Keenesburg, Colorado, consisting of Co 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. S C441.le5604/1) Circu ator ACKNOWLEDGEMENT STATE OF COLORADO COUNTY OF LACi11,1 )ss The above and foregoing Affidavit of Circulator was subscribed and sworn to before me this 3 I S� day of .5u.ntia,ry , 20 Zo Witness my hand and official seal. My commission expires on: `z- S - o Notary Public o I Nctt I J ilvit ao- Address Lo re la h� , co 8053' (SEAL) MICHELLE L. EVENS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19964005734 MY COMMISSION EXPIRES JUL 25,2020 Land Owner (s) Name (s) and Signature (s) Mailing Address Date Kr i ► ve Printed Name Printed Name 1. Oliver Signature Printed Name Signature Printed Name Signature Printed Name Signature Printed Name Signature 17 3 e' £ e wtti e r Inc ob 64=5-04f / �3//poA.j Oliver Annexation — No. 1 To The Town of Keenesburg: Being portions of the Southeast Quarter of Section 19 and the Southwest Quarter of Section 20, both in Township 2 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows; Considering the West line of the Southeast Quarter of said Section 19, Township 2 North, Range 64 West as bearing North 00°00'00" West and with all bearings contained herein relative thereto; BEGINNING at the Southeast Corner of said Section 19; thence along the West line of the Southeast Quarter of said Section 19 North 00°00'00" West 30.00 feet to a point on the North Right -of -Way of Weld County Road 18, said point being the TRUE POINT OF BEGINNING; thence departing said West line and along said North Right -of -Way North 89°19'14" West 87.01 feet to the Southwest corner of Lot A of Corrected Recorded Exemption No. 1305 -19 -4 -RE -2907; thence departing said North Right -of -Way and along said West line of Corrected Recorded Exemption No. 1305 -19 -4 -RE -2907 North 46°54'21" West 74.13 feet to a point on the West line of Lot A of said Corrected Recorded Exemption No. 1305 -19 -4 - RE -2907; thence departing said West line South 89°19'14" East 111.14 feet; thence North 10°13'47" East 168.92 feet to the East line of the Southeast Quarter of said Section 19; thence departing said East line South 07°52'22" East 219.02 feet to a point on the North Right -of -Way of Weld County Road 18; thence along said North Right -of -Way North 89°19'14" West 30.00 feet to a point on the East line of the Southeast Quarter of said Section 19 and the TRUE POINT OF BEGINNING. The above described Oliver Annexation No. 1 contains 0.26 acres, more or less, and is subject to all existing easements and/or rights of way of record. Oliver Annexation - No. 2 To The Town of Keenesburg: Being portions of the Southeast Quarter of Section 19 and the Southwest Quarter of Section 20, both in Township 2 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows; Considering the East line of the Southeast Quarter of said Section 19, Township 2 North, Range 64 West as bearing North 00°00'00" West and with all bearings contained herein relative thereto; BEGINNING at the Southeast Corner of said Section 19; thence along the West line of the Southeast Quarter of said Section 19 North 00°00'00" West 30.00 feet to a point on the North Right -of -Way of Weld County Road 18; thence along said North Right -of -Way North 89°19'14" West 87.01 feet to the Southwest corner of Lot A of Corrected Recorded Exemption No. 1305 -19 -4 -RE -2907; thence departing said North Right -of -Way line and along said West line North 46°54'21" West 74.13 feet to the TRUE POINT OF BEGINNING; thence continuing along the Westerly line of said Corrected Recorded Exemption the following Four (4) courses and distances: North 46°54'21" West 295.25 feet; North 33°54'45" West 94.01 feet; North 24°14'00" West 167.81 feet; North 32°45'09" West 42.11 feet; thence departing said Westerly line and along the Northerly line of Lot A of said Corrected Recorded Exemption and along the Easterly prolongation of said North line North 88°14'51" East 531.10 feet to the East Right -of -Way of Weld County Road 51; thence along said East Right -of -Way line South 00°00'00" East 536.45 feet to the North Right -of -Way of Weld County Road 18; thence departing said East Right -of -Way and said north Right -of -Way North 07°52'22" West 219.02 feet to a point on the East line of the Southeast Quarter of said Section 19; thence departing said East line South 10°13'47" West 168.92 feet to a point on the West Right -of -Way line of Weld County Road 51; thence departing said West Right -of -Way line North 89°19'14" West 111.14 feet to a point on the West line of Lot A of said Corrected Recorded Exemption and the TRUE POINT OF BEGINNING. The above described Oliver Annexation No. 2 contains 4.12 acres, more or less, and is subject to all existing easements and/or rights of way of record. Hello