Loading...
HomeMy WebLinkAbout20180656.tiffErger Annexations 1-3 to Town of Keenesburg Impact Report Project Description The property owners, Timothy M. Erger and Dawn K. Erger are proposing annexation of 61.719 acres including CR 18 and CR 57 Rights -of -Ways to the Town of Keenesburg and zoning agricultural and light industrial. Along with the annexation submittal there is a minor subdivision to split the property into two lots and a site plan review for a laydown yard. The property is located north and adjacent to CR 18 and east and adjacent to CR 57. Vicinity Map e GR iv 'NOR 18 PIA/Lice, ReutecA) G3- /a --I8 •� . • . J _ -. . 1 "i . 1 r1611:1", •.. _ 1 .I I II 11 11.•1 J�] a11 r- iota," ��� �(ry� ♦'4t7. 71" • I. -.r„ C. I O Cm C m vvl MM it-P)Ftiv(EFIckieg) And MA -95 o3-05-1$ �r'�I•R i6 i:2 100 Year r; 1: 27,460 ao12—o(o5Co Town Utility Services The property to be annexed doesn't have any proposed land use that will require the extension of Town of Keenesburg potable water or sanitary sewer services at this time, and thus requires no corresponding financing. Water and sewer service may be extended at the developer's expense should the services be necessary. Existing County Roads 18 is paved and CR 57 is a gravel road over which other municipal services requiring improved and public access, such as police and fire protection, is provided. Water Distribution Map IIGthO I NOIt S D x-0 WAS N f REVISIONS • Dinned t i It'll. w No. 444 04 nil Itfl?t!1 neat" ww tin y/1• In Mini St Al .tac'r N;"lt• •l U totter N ;OWN OFKEENE%BURG WATER SYSTEM MAP !PC rani 1 RI non .A.t1_r ro/.a0 ►t TELESTO Sanitary Sewer Map 14 W w 17 WM 1 ant NM1 J •/i a• - arC7l.. 001 J L MNM IT I - 4X 00 Mt. as Wy- w M� a. It t La t 1W 1a VT / / / W11 W 1 S Ier It Ste co -)W ♦• W♦e CR, M'.•r 00 10111111 WOO -, r CO 7 1 t 1 1 00 leiear 21 � wp ratan.. ter so i f Ir ▪ um to S• ir1MM %-W II Wpm' w ye SWirt i 1 \• INN i " ��-*NH \-weir~ rem ••.. —co -S. 1111 TTY • M W01-" r t1• 11111011 •-W1A r" 'La OMNI Mils WISP ail -tOOMPOOS ere,n • or • --p / • ' J • t W 1.:1 00 W 11 1' W122 w» :43 Ig4 27 ^<5 Lany^Ww 1- CID W34 x� W 111 win - '- tt♦r> �_ WM s r` W 101 wLA �Wr or -r• !1 1 rwM.r••- wwA-r, -••. ION* 1 .«... wT• rW W W 11 W 10r W 100 J l • 5_ 1 • aira S 1 ar ( e° ,.1+�_1"W 1M gerW 1a WI 11. W 110 ✓ 00 I '- W III r d W C-\ 4 way W M \ W 111 W 1 01 `W•1 WOO giber Or a-, W A♦' — Mrs as 35 2 atif air 1:•aa••.+IY•MY¢1• V••MCI does •� LEGEND 'co 0 11 if V •Y.O..—• - r.r•—•. r.. • . ANNEXATION UNITS SEWER MA114 SEVER aEANOUT MANHOLE AF) WIMI0LE WIN GATE VALVE BETWEEN WMIOLE AND IEADWCR16 SIO D NOTES: 1. ALL SEWER ARE r DIAMETER LIKE 3S NOTED 0 1 MAP REFLECTS SOWER 2010 sVSTE%L • w — a..,. SRNS AS • Mai larva INS SS AAA- ---a ♦•a AAA. 1 IMMO •-T ere Soo Naomi —a s I T w MSa. • aroS t_ • "Taw. • ♦ w Id. air SPCA • .ate..-- r---: -P.-er I Is .•r .w• ♦ AMA r — r+w S. earns MIS MAP andra S w aria MY•. .• .•.•. T roar ea. .r_ I. • rSt C Y 7f. -a Project Districts WELD COUNTY SCHOOL DIST RE3J-KEENESBURG CENTRAL COLORADO WATER SOUTHEAST WELD FIRE PROTECTION DISTRICT AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY SOUTHEAST WELD CONSERVATION School District Impact LEGEND' MONT5 R. i REVISIONS • trAC7r11O11 a I' TTb •n. Dan IM•TY1 1ac...:r store 'As •uw• w a•••• I• N .... a .II ...•.-a. SEWER SYSTEM MAP IMIJ Sy. e.laa.. c. Li- TELESTO The school district is Weld County RE -3J. There is no foreseen impact on the school district by the annexation and zoning of the property. Any potential impact of development of the property would be evaluated as part of a future development review. Attachments: 1. Keenesburg Future Land Use Plan 2. Annexation petition & maps 3. Annexation agreement T Z 0 1\ N i 7000 RBI"N R R64W R63W 1263W63W I R62W _ 4� —t-- - ._ • L \ • 4� - • ,• - '4'jx iiii _._ /•s. T3 `IrI yawl.. t 1 - - T3N T2N ‘R` S 1 2 NJ — 1, k, tar -- - 1 t + _ -.- _ . - J 1 ... --- - }� ----act; r— , _ IP • Ma 24 � ( � ' d _• • _ _ ,, � ► SCALE IN FEET COORDINATE SYSTEM COLORADO STATE PLANE LEGEND FOR LAND USE PLAN . ,, . �, "/� l �• __., r �s I % ' `,�,• g{ I I AGRICULTURAL (AG) .+ tle.., r-� -- I .r(�� ��` f } ± i '" ,y� ' RESIDENTIAL (R) P , r; , 111 MIXED USE (MU) WCR 20 i .. _ ! HIGHWAY COMMERCIAL (HC) s• r. r y a r • M INDUSTRIAL (ID) V 1t. / I OPEN SPACE (OS) - ii'�; s- ? j` i 4 �— s -I j El t* 4e »•';: " i COMMERCIAL BUSINESS DISTRICT 18 4; , 1i — — KEENESBURG TOWN BOUNDARY L_ i. ;r• t•� �i<t,' n,,,�. :iF" ' r• d. I; ,,. �.— ,. 4` -*� � ,����r, p' 1 � ; I ' .,r � ' GROWTH BOUNDARY r ) f f `. OWN OF KEENESBURG r o i - TOWN, COUNTY. STATE ROADS 4_�.%,�.+�. ) t �r . __.�.__ ,. "i G .- ; ki l I >� r AND INTERSTATES PARCEL LINE - �� �. )S"'� •:�" �e «` - � j f,, _- ��t _•>•. RAILROAD '��4 � I 1 I� �1 .� --- � = I i f 'I WCR 16 Z. ;� s 1 ' II �� - — RIVERS, STREAMS 8 CANALS LAKES, PONDS 8 RESERVOIRS DATA SOURCES WELD COUNTY GIS, UNITED STATES DEPARTMENT OF AGRICULTURAL (USDA) t i^, t �I '�, l i t` ` •� I J \ ✓ .rs. I 1 • - I -r:::‘,_ } \ ' / . 1 , ` iY 1 r WC" 14 ,' ` UN ^ J^r ' 1 ;, r�` !l ! �II I l I I ...11l tivr.P. 12litv+�+� _� 1 4 TOWN OF HUDSON J. J1• --.- —. I 4� ! i ... �I i -r-�`. 31 _fj I -'� _ -- + I:- • .- _ lea -r� _.�I ` L F: - ate-- -�-z \ z, -r \. + - IT I 1N(13 L r s 't I - I \ -#� q , 'I • J 1111 LAND USE KEENESBURG PLAN MARCH 2017 '.,c,- TA r I I- �` :I 1 ." r/` • ; - •1� • - .. ,� `�t;--- - '-i ,� .� • "IT-:: _ 1 , •rte r T 1 N y ~ 801100 IASF 006-01 PREPARED FOR I ` 1� 1-1 ri1 W(}�t` ' � V r - 1 1 r 1 ( PREPARED 8Y 43.1‘ T1 r _- , - +• +P TELESTO!.•; S 0 l U 1 I 0 N S• I N C 0 R P 0 R A TED -torpor jIII -rl _ �: -� _ �� .+r - �J � 4 �� (ate' t5' � �' � � 3 � } } , ..• ? -I 1 1 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 ERGER 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 Page 1 of 6 annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. The territory proposed to be annexed does not include any area which is the same or substantially the same area in which an election for an annexation to the Town of Keenesburg was held within twelve months preceding the filing of this petition. h. The territory proposed to be annexed does not include any area included in another annexation proceeding involving a town other than the Town of Keenesburg i. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. j• The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Keenesburg more than three miles in any direction from any point of the boundary of the Town of Keenesburg in any one year. k. The territory proposed to be annexed is 61.719 acres in total area. Prior to completion of the annexation of the area proposed to be annexed, a plan will be In place, pursuant to Section 31-12-105(1)(e), C.R.S., which generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, and sanitation to be provided by the Town of Keenesburg; including the providers of transportation, light, natural gas, and power, and the proposed land uses for the area; such plan to be updated at least once annually. m. In establishing the boundary of the area proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the area annexed, and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which Is to be annexed to the Town of Keenesburg but is not bounded on both sides by the Town of Keenesburg. 3. The owners of more than fifty percent (50%) of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. The signatures on this petition comprise one -hundred percent (100%) of the landowners of the territory to be annexed and said landowners attesting to the facts and agreeing to the conditions herein contained will negate the necessity of any annexation election. 4. Accompanying this petition are four copies of an annexation map as well as an electronic file that will contain the following information: a. A written legal description of the boundaries of the area proposed to be annexed, in the form of a title commitment issued within 30 days of the application date; b. A map showing the boundary of the area proposed to be annexed said map prepared by and containing the seal of a registered engineer; Page 2 of 6 c. Within the annexation boundary map, an identification of the location of each ownership tract in unpiatted 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 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. 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 Keenesburg. f. Acceptance block describing the acceptance action by the Mayor on behalf of the Town of Keenesburg and providing for the effective date and Town Clerk attest signature. 5. Upon the annexation ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Keenesburg, except for general property taxes of the Town of Keenesburg, which shall become effective as of the January 1 next ensuing. 6. The zoning classification requested for the area proposed to be annexed is Light Industrial. 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: Page 3 of 6 THEREFORE, the petitioners, whose signatures are on the signature sheet on the next page, respectfully petitions the Board of Trustees of the Town of Keenesburg to annex the territory described and referenced to in Exhibit "A" to the Town of Keenesburg in accordance with and pursuant to the statues of the State of Colorado. Page 4 of 6 AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That he was the circulator of the foregoing Petition for Annexation of lands to the Town of Keenesburg, Colorado, consisting of 7 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. Scott Jay ACKNOWLEDGEMENT STATE OF COLORADO )ss COUNTY OF ADAMS The above and foregoing Affidavit of Circulator was subscribed and sworn to before me this /.›� day of December, 2017. My commission expires on: Witness my hand and official seal. JARED UNRUH NOTARY PUBLIC, STATE OF COLORADO NOTARY ID 20164035991 MY COMMISSION EXPIRES SEPTEMBER 10, 2020 (SEAL) Jered.�frli"u 540 East Bridge Street Brighton, Colorado 80601 Page 5 of 6 Land Owner (s) Name (s) and Signature (s) Mailing Address Date Timothy M. Erger P.O. Box 415 Keenesburq, Colorado 80643 Dawn K. Eger P.O. Box 415 Printed Name (� bop., Signa ure itz(K47 Keenesburq, Colorado 80643 ta.• (5.1 Page 6 of 6 EXHIBIT A DESCRIPTION - ANNEXATION NO.1 A PARCEL LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 23 AND THE NORTHWEST ONE -QUARTER OF SECTION 26, TOWNSHIP 02 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 23 BEING A 3.25 INCH ALUMINUM CAP MARKED PLS 37971, THENCE NORTH 89°26'14" EAST, ALONG THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 660.28 FEET, MORE OR LESS TO THE SOUTHERNMOST SOUTHWEST CORNER OF LOT B, RECORDED EXEMPTION NO. 1305-23-3- RE1979 ACCORDING TO THE MAP OR PLAT THEREOF FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO. 2540139 AND THE POINT OF BEGINNING; THENCE OVER AND ACROSS SAID LOT B THE FOLLOWING TWO (2) COURSES AND DISTANCES; 1. NORTH 11°42'03" EAST A DISTANCE OF 1050.15 FEET; 2. SOUTH 22°02'54" EAST A DISTANCE OF 946.60 FEET, MORE OR LESS, TO THE EAST LINE OF SAID LOT B; THENCE SOUTH 01°36'33" WEST, ALONG SAID LINE, PASSING ATA DISTANCE OF 145.48 FEET THE SOUTHEAST CORNER OF SAID LOT B AND THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, CONTINUING FOR A TOTAL DISTANCE OF 175.50 FEET, MORE OR LESS, TO THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD NO. 18 AND THE NORTH LINE OF THE EXISTING TOWN OF KEENESBURG LIMITS ACCORDING TO THE MAP OR PLAT THEREOF FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO.1592212; THENCE SOUTH 89°26'14" WEST, 30.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23 AND ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 460.83 FEET, MORE OR LESS TO THE NORTHWEST CORNER OF SAID ANNEXATION; THENCE SOUTH 89°26'14" WEST, CONTINUING 30.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 101.84 FEET; THENCE NORTH 01°25'39" WEST A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 7.669 ACRES (334050 SQUARE FEET) OF LAND, MORE OR LESS. THE PERIMETER OF THE ABOVE DESCRIBED PARCEL BEING 2764.92 FEET. DESCRIPTION - ANNEXATION NO.2 A PARCEL LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 22, THE SOUTHWEST ONE - QUARTER OF SECTION 23, THE NORTHWEST ONE -QUARTER OF SECTION 26 AND THE NORTHEAST ONE -QUARTER OF SECTION 27, TOWNSHIP 02 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO DESCRIBED AS FOLLOWS: COMMENCING AGAIN AT THE SOUTHWEST CORNER OF SAID SECTION 23 BEING A 3.25 INCH ALUMINUM CAP MARKED PLS 37971, NORTH 89°26'14° EAST, ALONG THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 660.28 FEET, MORE OR LESS TO THE SOUTHERNMOST SOUTHWEST CORNER OF LOT B, RECORDED EXEMPTION NO. 1305-23-3- RE1979 ACCORDING TO THE MAP OR PLAT THEREOF FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO. 2540139 AND THE POINT OF BEGINNING; THENCE NORTH 01°25'39" WEST, ALONG A WEST LINE OF SAID LOT B, A DISTANCE OF 1078.65 FEET; THENCE SOUTH 89°27'33" WEST A DISTANCE OF 650.56 FEET, MORE OR LESS, TO THE WESTERNMOST SOUTHWEST CORNER OF SAID LOT B AND THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23; THENCE SOUTH 00°41'49" WEST A DISTANCE OF 1079.04 FEET, MORE OR LESS, TO THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD NO. 57 AND A POINT AT THE INTERSECTION OF A LINE 30.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE - QUARTER OF SAID SECTION 23 AND A LINE 30.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23; THENCE NORTH 00°53'46" WEST, ALONG SAID RIGHT OF WAY LINE, 30.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 2672.43 FEET, MORE OR LESS, TO THE NORTH LINE OF THE SOUTHWEST ONE - QUARTER OF SAID SECTION 23 EXTENDED; THENCE NORTH 89°2754" EAST, ALONG SAID LINE, A DISTANCE OF 1349.61 FEET, MORE OR LESS, TO THE CENTER -WEST ONE -SIXTEENTH CORNER OF SAID SECTION 23; THENCE NORTH 89°28'46" EAST, CONTINUING ALONG SAID LINE, A DISTANCE OF 125.26 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID LOT B; THENCE OVER AND ACROSS THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23 AND ALONG THE EAST LINE OF SAID LOT B THE FOLLOWING FOURTEEN (14) COURSES AND DISTANCES; 1. SOUTH 49°37'18" EAST A DISTANCE OF 88.22 FEET; 2. SOUTH 41°13'29" EAST A DISTANCE OF 45.70 FEET; 3. SOUTH 27°32'46" EAST A DISTANCE OF 67.65 FEET; 4. SOUTH 09°44'29" EAST A DISTANCE OF 42.18 FEET; 5. SOUTH 06°05'18" WEST A DISTANCE OF 66.47 FEET; 6. SOUTH 11°00'39" WEST A DISTANCE OF 225.58 FEET; 7. SOUTH 25°48'48" WEST A DISTANCE OF 189.78 FEET; 8. SOUTH 16°35'13" WEST A DISTANCE OF 249.60 FEET; 9. SOUTH 31°43'46" WEST A DISTANCE OF 238.82 FEET; 10. SOUTH 23°14'17" WEST A DISTANCE OF 212.96 FEET; 11. SOUTH 02°18'45" EAST A DISTANCE OF 667.65 FEET; 12. SOUTH 07°53'58" EAST A DISTANCE OF 240.03 FEET; 13. SOUTH 10°27'06" EAST A DISTANCE OF 204.46 FEET; 14. SOUTH 03°19'14" EAST A DISTANCE OF 102.88 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF THE ABOVE DESCRIBED ANNEXATION NO. 1; THENCE NORTH 22°02'54" WEST, ALONG SAID LINE, A DISTANCE OF 946.60 FEET; THENCE SOUTH 11°42'03" WEST, CONTINUING ALONG SAID LINE, A DISTANCE OF 1050.15 FEET TO THE POINT OF BEGINNING. CONTAINING 56.995 ACRES (2482706 SQUARE FEET) OF LAND, MORE OR LESS. THE PERIMETER OF THE ABOVE DESCRIBED PARCEL BEING 11564.28 FEET. DESCRIPTION - ANNEXATION NO.3 A PARCEL LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 22, THE SOUTHWEST ONE - QUARTER OF SECTION 23, THE NORTHWEST ONE -QUARTER OF SECTION 26 AND THE NORTHEAST ONE -QUARTER OF SECTION 27, TOWNSHIP 02 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO DESCRIBED AS FOLLOWS: COMMENCING AGAIN AT THE SOUTHWEST CORNER OF SAID SECTION 23 BEING A 3.25 INCH ALUMINUM CAP MARKED PLS 37971, NORTH 89°26'14" EAST, ALONG THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 660.28 FEET, MORE OR LESS TO THE SOUTHERNMOST SOUTHWEST CORNER OF LOT B, RECORDED EXEMPTION NO. 1305-23-3- RE1979 ACCORDING TO THE MAP OR PLAT THEREOF FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO. 2540139 AND THE POINT OF BEGINNING; THENCE SOUTH 01°25'39" EAST, ALONG THE EAST LINE OF THE ABOVE DESCRIBED ANNEXATION NO. 1, A DISTANCE OF 30.00 FEET, MORE OR LESS, TO THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD NO. 18; THENCE SOUTH 89°26'14" WEST, ALONG SAID RIGHT OF WAY LINE, 30.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 690.55 FEET TO A POINT AT THE INTERSECTION OF SAID LINE AND A LINE 30.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23 AND AN EAST LINE OF THE ABOVE DESCRIBED ANNEXATION NO.2; THENCE NORTH 00°41'49" EAST, ALONG SAID LINE, A DISTANCE OF 1079.04 FEET, MORE OR LESS, TO THE NORTHERNMOST SOUTHWEST CORNER OF SAID LOT B; THENCE NORTH 89°27'33" EAST, CONTINUING ALONG SAID LINE, A DISTANCE OF 30.00 FEET, MORE OR LESS, TO THE TO THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD NO. 57; THENCE SOUTH 00°53'46" EAST, ALONG SAID RIGHT OF WAY LINE, 30.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 1018.78 FEET, MORE OR LESS, TO THE NORTH RIGHT OF WAY LINE OF WELD COUNTY ROAD NO. 18; THENCE NORTH 89°26'14" EAST, ALONG SAID LINE, 30.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 630.00 FEET, MORE OR LESS, TO A WEST LINE OF SAID LOT B AND A WEST LINE OF THE ABOVE DESCRIBED ANNEXATION NO.2; THENCE SOUTH 01°25'39" EAST, ALONG SAID LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1.982 ACRES (86357 SQUARE FEET) OF LAND, MORE OR LESS. THE PERIMETER OF THE ABOVE DESCRIBED PARCEL BEING 3508.37 FEET. NOTES: 1. THIS DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT, THEREFORE ACKLAM, INC. HAS NOT RESEARCHED OR SHOWN ANY OTHER EASEMENTS, RIGHTS OF WAY, VARIANCES AND OR AGREEMENTS OF RECORD EXCEPT AS SHOWN HEREON. 2. BEARINGS SHOWN HEREON ARE BASED ON GPS OBSERVATIONS AND/OR THE ONLINE POSITIONING USER SERVICE OFFERED BY THE N.G.S. AND PROJECTED TO "COLORADO COORDINATE SYSTEM OF 1983 NORTH ZONE" (C.R.S. 38-52-105 & 106). 3. DISTANCES SHOWN HEREON ARE IN US SURVEY FEET GRID. THE COMBINED FACTOR USED TO OBTAIN THE GRID DISTANCES IS 0.999725885. 4. THE BASIS OF BEARINGS FOR THIS SURVEY IS THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SECTION 23, TOWNSHIP 02 NORTH, RANGE 64 WEST OF THE 6TH P.M., SAID LINE BEING MONUMENTED ON THE EAST BY THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 23, BEING 2.5 INCH ALUMINUM CAP MARKED PLS 12374 AND ON THE WEST BY THE SOUTHWEST CORNER OF SAID SECTION 22, BEING A 3.25 INCH ALUMINUM CAP MARKED PLS 37971 AND BEARS SOUTH 89°26'14" WEST. ONO®7SAPi9O✓AL MONNA AENDYDESERe0E0IA 774THE MOW MRCRASSd5WNEROFT.06MGIIESXEOIMY9IS AAOROREIORSCFA, fOLONMAlOESCWSR TOM TYIGYEION•AA6EXATONNO /060 12020 09045 MEBINEECTESOFSETINWKAM 9EMMNM[FTMEONWIRSCSGOMW 16 TONN4M BTAMN4 FANGSUMESTO77EONRNOPNAER.ORN MARYO WELD, STATEWCOMALtO rn.E W.O ATTHE MIMES' 1OON.CeSAOSECTNYrDS91MA]ARN1/AIIA.NNCAPAHORHSJA71. 49.1nrEASENOW OEJMMIN6 TDE]IXSMI[STOEONNIRCYS10KC10YIIA 06TANOSOFES0261,66 SOREMLE89/5RESONl66WOsrswlmlESrttwfRCrwT6RELLIT02a EAHEOXNNI. 16066.5.107/ ACCORD. TO 71EAwewnAr»ERSOTRErwK'mmNI Ean¢oF7P, eg,o,eNANAnAcc l oAh,EWOlONAxsswl]6A4598 Nwrc7K.t NO AL M6AOLOT677EFOLLNRG TWO a]IKSEJAIog6GNZc I. NORM IIVITAra TA OSTANOEWMKI611ift NNrRL9iK•GSrADISTAACEOSNATO FEET, MNEMIESS TO TIEEASTIBEWSAOLOrk NSATOLOTBAND RESW U,e 6 SPABRWAAIATRIOS'AMOOCCBMLAcOYTNNOFORA MEA1416 L • O,EFFE7/00,C 400075FEES]NNRNNELENNYUE(EMROCONTYROIOAN MASS TIE INEECCC77 ro010 CAFEIEffiCROL66RACC NDArRE ME ON ORNATTTEP£OFFNmFOi RRE NIWEMFNFMITENNOcwNrvflEM:AwREL'OmwATRECSAMINO.16N110 E00007$WTWK'N'N• WEST 622A/EETS 0040YMO /WN7L61M ADISTA I/MLMEOE ME#Cm/2ESl 01EYORiESM3106E070NDAYOKOARSSOWANTOTWAY ISEAOG7:04.0,MtMf£El. YORE MLR. TOTITENONIMESTOCRAWATATSAIDAANETA7706t 7707.CESMMba4NESTLYWIKYNSAUOFEETNNg10•NOMRWa.171 ]TE6007NLIEOF TIE SOMMESTOAC-OUVOISPOFSAIOSECnONSIAOISTAAOSOF10161,7267, x®sAOSTANTEaTNKFEETro77EroN 0/160IlII6W GOMM EKSALRESSa 696530 REFEEVOFTAA6tKNEMLE8477EASME79R077EA9AEWS"Aem PA5CHBEAO2NAE,9EET. .ArMOWAa2 • OGTEONWE.SOLITEABTOEalLY RITTS CTNNR ITEJOINWESTOEOWMEPO`SECIOVII 500 RUYESI lWEsiaTE0mPPJU AIKlaaVIMINENcwMnorN STATEESEmOAITON0EJ AS: 4MRMfSTCORIBMTBAOSEOTIOMSEKOA.II6A.ALUMNNWY BISTORs NMLNEO' RESMIMH3rMEOl4PIRaKOSECTMVr;A ]nrlSO4 SOMt mTNESM/1BMIOST.900.ESTCOI EROlor6 MOWED 2,a 1SK2NREronA2OROVIGm OENIPOPNATDISCSLYFALGFMREORONMEM.CEO,9E ORNASSRSCORORATRELSO YAO2SNIWASS WE IOWTWKMIIYK: 2PYMESI, MOMA M6TLI EOS1WLOT0AC16 AAEOM7IKFFET AERIFSWSNWVDEV STASSrNCFOIHKFEETIaCOMESATOTKNE81ERNOST1XOIMIFOT NENEST Or 0E5GUITMEsr6EOIwIENOSAOSEe6O456 NHOELbnw OIDACA 63TA •0111 mWKP�iTAX0FAOW M�nmEEYETO CiTN TAOOo ETNN MEMAESrOEOSWIROEEA0KCOpvaNOACIEN.KIEETNESFOTAAO r E%Vg xESTLIEOr77EBam NESTO E,a'uelR erKo SECTNTNIC 7OEACENORII5TOVr9RT maw MOSONONNYIBE KmRETNESTOASSPAWIe WV. WEST IMEOCTIE6W7TMESTOEONNIERE SA0KC7OYAAMSTAN'CO.YrzuFEEZ. KOML6RTO RE NOGNIIEOTIESWI/MESTOEO'NRIROSSOSECI1CW22MENDED; cA6r.ASOS'AOLNEAKSTAACEOISMNTEE EANRfMLW6 TO THEOBV7Ew5R7 NMSECTATA T/60EMRINKneEASCOWO655NOAILNGS101K5AMTAA52'O72522 ET,LOSEMI SS 750E AORNEASICCWAEROFSATOLOTR LOTe77 1OHt �(7ST S INWE27ANONOOTIEEASTLAECYKR S U1714 SnrEtSTAONTAAT E'OKVFEEF SONHNT]A•ENTADOTMO<O4AFHEC Winn 2,22YrEASTA OISTANCEONKFEET,' SWNL9W2PEASTA IW'TAA WALMFEET SC.NRHOTO,DESTADOIAKEOKRN₹r.' WESTA KSTANE OSS[SBRET, 7 50RNSIWWN£8TA 00IANFOIKMFEEr, 6 SOUTH I605TrIIESTAO6TAMEON60FEe; SN 17451. ItESTAO6TACC£O]H6TIEEC la WN/M2214,WESTADISTANCEONEKFEEf It SONTNWYNTFASTATAMIEOKAKFEtT 12 .KOINOTDYEASTAKNACCfOEIGKFEET, 11 SONNMT70PEASTA LgTACCEO2NMFEEr H SVmwYPN'FASrAOoTAKEIEMSr ET,,Sm7EMLEs6 mA PoKTMOEEAST12EOWIEABWE OESONED.WETATEY/AO. O IELA'ENOSMIt 5EST. AWMOS0UEASSrANFWN6W XESE RVIMNONOW 640UEALWIA.ACEOlOOMFEETIVPE 1YKrW 6[oe6NH • AMAOKSSACRESRIMAISaAREFEEOOLMQ SOEMIESSIIEPF/MEIRONE BOTEO:ttEE O PARCEL SEMI 1.266E T BESCRITAW AY. A P.ARte RATE NTOESMIN'ASTO1EattPrRO.acTON2277ESOOWESTOEIXRFI6SWSECTNN24 1EAOVTA6554 vS OMoMROJECI YNAND77EFOSAEASTCY 4 554 78 0 00 802 122 WWI. 02 NORM AWE NWSTO IhrOMRNGMAL NEROLVI CORYOMHO J ATEWOEORA000SCRERAS AMO COKBYCEOALNWATNEJORIMESTLE01 YC0S4OSECTIWn6EKOABNNOIMCNRNCPMISE02S BIJN AONNN6.2rfrEKENQO 0ESO IN1eEOT1ESOM ESTOSON6mPOKOSEC60VRA OOAICEOIONFEE2 KITEORMSS TO IESW/WIO4TSO TNWESTLYRABPOLCTk RECORDED OMY $7310 IRECM06PATREC9IOYCO2i457N NKIINNO 77EOfIOOIIE WHOC SAO/SSS0EEAITNdan, fASTIBECIYIIEABOAEERtl OT550ASWAO 1. AOBTAACEW ▪ TROT. 0,71.62 m 6ESwMAW61rWNIrIVEOWHOmNFTRO DNa K IFS r�dEaLwiMW.a00'OIOYASAM M.. MT Am POI/T611716 UEO OSAOUEASSA IIN"KKFEEN UFO, Wm nENER7LXEOTIEOMRMIRr 6NFOLwIROKOSRTOVMMOANEWIUEOREABOVESECA AMEOAWAO.Y 77MSFMRMOV,V5EABT,NOOSAOLSEAL ISTAAVEW00455$ EXK14MM SC mOEMO68,m005T TLS RSTNALTE0r6 Mr,1•10.1YEYSYCTR 162,ST LONOWINVON0610 WLOADISTAAW 670146. MORE ORLESS TONE TO INEEASTTTEACESMNOM]Vf£457. NOW SAO ROttOWMYUE .MW FEEIEABTWAAOPARMLO Wm/ 77EWEST IWRMOOIS WWH57055rOROAOAOE AKBIANY'OIOIIMFES7SOORIEC/57707 NE/NSECNONTT TON RBNW6MPM offloTorogwastwo Anwewl 202322202 2222022200 mama noeuminor twizawer sT Irmo fr *sir SEIMSECIKW2t TDINRB4W6MPM MV//A SECTORS 27 TE2NRS4W87 RN ERGERANNEXA77O/V LOCATED /N THESE 1/4 SECTION 22, SW 1/4 OFSECTION23NNW 1/4 SECTION 26AND NE 1/4 SECTION 27, TOWNSHIP 02 NORTH, RANGE 64 WEST OF THE 6TH P.M, COUNTY OF WELD, STATE OF COLORADO 4-s LID I II Twat croonori ope NW1/I EEC770N22 702YRB4WBMAll RECORDEDEXEIE O ua ImasKI6M ANNEXATION NO..2 56995 ACRES (2482709 SQUARE FEET) PERIMETER: 7109426 ANNEXATION NO.3 1.982 ACRES (5 BAST SQUARE FEET) PERIMETER: 3508.3T ^1A•E WBU ww $09089771— 202014. 6477 0660,6 Bo TiArova I // I/ //19 / SURVEY NOTES // A 5475/9 POLO SM. 0a0200/7 Waal WWII $WIN SECIIAYI9 2 EXABESSIONOF �EMOIO5'RTErMCRFSCSSSIMA N FACIS Of y Tc5NNmTEA ISESNR64WNMFM WARANTYOACABAMYEXPFESGEDMIELED. NOFIHN%tlROKOmCOIOCWUWCWKTSTCABETNEAYYLEOALACIONSASEDLVM LIE 0612222 22287 SIM 167.86 Nom mnrE 6lrlrlrE 60Y4E 66642,E BNron•W BSeaWW 62rNYrW SOrIBME 4270 0702 air Bea LIB lfl lfi LIS L. SOrIrle6 SN•NWW Hoer fMK ISITT LIS NNxA1'E 1]161_ - - — nBUB ANNEmAlaN No. • TABLE LENGTH FEET 41062 46063 CONTIGUOUS BOUNDANy LENGTH IN FEET 11588 28 TWA,. AMMETER REGIME!, CONTIGLrous 'mgr. 19.6.76 TOTAL PERTAETER alb (5, TEST CONTIGUOUS BouNDANT maw NEON SECRON21 /02/6 084W0771 FM oNcoressa azzlaNn TaTkva csvocias l. I NpEYRIINMRm YYABa4EDLPNN ]VOEM.TN INS NID COME60REN - I TEN YEMSTNEW DEOATEOF OEORIFlGGNNN MINIEEON 1WBNNVEYWAS ifK® RUOIIEBBSITWAOILECOWTSEIT ASSo0ESN0 0.11010151 CONSIMITEA dAEma KOBMT0000 R BYAOOAN BC.AON.W. NG WASRgWFOARORO As B64676 aSUIEO THBOUGN THE Off icEWLW ITNE OMRMTYCO PAN.. OROR N MBEB FCEMISIa6 dIFO BE[F6NFA IANI7. 6 WARMSSNRWNNFFEONAREBABEOONOPSOKERVAl01NANAMTNFONNEPOSONNNO ••• LISESSERMEGTFERED BYTNENOSAW ROIECTE-0 m COLORADOCOOROMOIEBYBTEMO IKq NORTNmve(cnS 9862-1006, fNA a. OSIANCEB SOMNiEREMARE NW SNNEYFEETMONO. TNECONINEO FACTORMmTO INNOWOtlTANCE6NBBNTYK5 1. THE BABNWBFA9BG/FM NMSSSVEYM TIE0WALEEOTNESWTINEST OV 0UARIROSECTIMM, TOYMON0.66NRTH MYOE49007$6 OIrEBAPM,BNULNE 8660YONBNM®MTIEMUBY MESON. CORNER OSAO 9ECneriof TS', TNESTAITHINEST COONNOK06ECTONR L5KNNUNAN CIA SANNEOHB6767.. AN066AR6 BO1MN'ffiIOWEST. I I" Ih ANNEXATION N0.1 7.089 ACRES (3340150 SQUARE FEET) PERIMETER' 2784.92' AmusementL ₹ J mwasEc7KW3T 1020554W6MPA1 80810.21682018189 II II • AABIUATION BE Bn 1Ii sTiaor tor my t82020120,1112 ti �l AHE.OA T, 71ORA•II B SAW NOER AMILM0050XAOOHSS POBOYa1510FE ESWLRGWMNUal5 AIRY SECIKWI6 702Y584WBMPM 0epKNN6<KNN10 0621aaTnar •AlwerAIHYAU B CONFINED... SOUTYW075700EpNGER&NSAOKCCTOMA OISTAAa- O•mMNT. LNR 050VSc mA LOFSTLAEPARAlia MONDE 'NWT areU, 1more AMA NESTLNE ThEABOVEDESCABEDAARECATION 2 TNENCES007101757, EAST MGSAOL6E AOAA.S0,0KFEErmnE FaNTKKaAwtl CONTAIVIVG L'425/83075004470 573CYLMR 6*600 1094 7799055907950F/70490095047L1690055022 4WEULERTN?ABOYESKttREm TRACTWIAOmeEAN'EIEOLMORREN EOER6RAATEORM TIVO7NrIl ERG. AaanxtEnNERi SATOOCMW CLYNIYWNEW WEFOEeti0SNNNMArrAOKESEDHEMEBETH4N =OTO NOTACTRIBLIC MTLONW6EVEAPR6k STATEWarMAM SIXIITTCFMEID AGTARYPOYM SIYLGIYeOTYE9; SURVEYING CERTIFICATE: 4 0002122 22 (20225 9222375220 ROEBB901IAN7SOMEYOR N TIE SATE OCOL07250. 00 WEW3YCHNEYNIRHE SLIMY RBRE49VTSTETWYSPAT VW IIAOE OOERM'PERSONAL SLP6NM1SYRCNO 77Nl RW MIMAN ACCURATE INNOCREO.IMSMEYOOESAGTLL1/0mEEA NREsEARTSSYN: mL1EmEEEOSRSV5 FUTIIFRK%'IINTAT1ElSrOWSIXIN/IyOAEfiTO90YSNN ANONPE64gYlOOabMINRE HCEK[RB 0OL 2490 MAK COLORADO PROFESSIONAL LAND S.NVE109 MNBR3NM FOR ANOONSENAL FOP -Sc. 0.0 BRIGHOX CO 00601 0]7690607 )OWO.ITEE68.0.INAVVAI.' »PTO ENFEY»NT RYET AE9iESSIAPON YAXOOM6E55800 dYO DT B ®EKMi4 VISESIFOOE MAW eRTrc4TES ENOOWmFMAU ARPOS. Anal TLWW0MT CLIENT NAME ERGER8 DISCOVERY OJSERVICES LLC 1188/ 1181190111118 0020 22220 20222220204221 002180 rillsENBIEoucwrADLE worn Acklam, Inc 001281 CC, 80801 1 OF 1 ANNEXATION AGREEMENT Erger Annexation THIS AGREEMENT is made and entered into this 12t1) day of January, 2018, by and between Timothy M. Erger and Dawn K. Erger, hereinafter referred to as "Owner," and the TOWN OF KEENESBURG, a municipal corporation of the State of Colorado, hereinafter referred to as "Keenesburg" or "Town." WITNESSETH: WHEREAS, the Owner desires to annex to Keenesburg the property more particularly described on Exhibit "A," which is attached hereto, incorporated herein, and made a part hereof (such property is hereinafter referred to as the "Property"); and WHEREAS, Owner has executed a petition to annex the Property, a copy of which petition is on file with the Town Clerk; and WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following Agreement; and WHEREAS, Owner acknowledges that upon annexation, the Property will be subject to all ordinances, resolutions, and other regulations of the Town of Keenesburg, as they may be amended from time to time; and WHEREAS, Owner acknowledges that the need for conveyances and dedication of certain property, including but not limited to property for ways and easements to Keenesburg as contemplated in this Agreement, are directly related to and generated by development intended to occur within the Property and that no taking thereby will occur requiring any compensation. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Incorporation of Recitals. The parties confirm and incorporate the foregoing recitals into this Agreement. 2. Purpose. The purpose of this Agreement is to set forth the terms and conditions of the annexation of the Property to the Town. Except as expressly provided for herein to the contrary, all terms and conditions herein are in addition to all requirements concerning annexation contained 1 in the Keenesburg Municipal Code, Comprehensive Plan, other development regulations adopted by the Town, and the Municipal Annexation Act of 1965, as amended, C.R.S. § 31-12-101 et seq. 3. Further Acts. Owner agrees to execute, promptly upon request of Keenesburg, any and all surveys and other documents necessary to effect the annexation of the property and the other provisions of this Agreement. Owner agrees to not sign any other petition for annexation of the Property or any petition for an annexation election relating to the Property, except upon request of Keenesburg. 4. Annexation Documents. Owner agrees to provide legal documents, surveys, engineering work, newspaper publication, maps, and reports determined by Keenesburg to be necessary to accomplish the annexation. Owner shall prepare the annexation impact report, which shall be distributed as required law at Owner's expense. 5. Action on Annexation Petition. Keenesburg shall act upon the annexation petition within six months of the date of filing thereof with the Town Clerk, unless Owner consents to later action. 6. Zoning and Development. The parties recognize that it is the intent and desire of Owner to develop the Property in a manner generally consistent with the zoning requested and that the granting of such zoning by the Town of Keenesburg is a condition to annexation of the Property. Owner shall take all action necessary to permit zoning by Keenesburg of the annexed Property within the time prescribed by state statutes. 7. Dedications. Owner agrees to dedicate by General Warranty Deed or appropriate instrument of conveyance acceptable to the Town, twelve percent of the territory to be annexed for public open space or pay an equivalent fee in lieu of dedication in the event that a subdivision creates lots less than .50 acre in size, in addition to easements and rights -of -way for streets and other public ways and for other public purposes, as required by Town ordinances and resolutions. Such dedications shall occur immediately upon request of the Town except that internal rights -of - way shall be dedicated at the time of subdivision platting (excluding minor subdivision), unless the Town specifies another time. 8. Public Improvements. As a condition of any future subdivision of the property that creates the need for public improvements, owner agrees to design, improve, and provide signage, lighting, and signalization for, all public streets and other public ways within or adjacent to the property in accordance with Town ordinances and resolutions and other applicable standards, subject to any reimbursement which may be provided for in such ordinances, resolutions, and standards, and to make such other improvements as required by Town ordinances and resolutions; to guarantee construction of all required improvements by providing an improvements guarantee in the form of a cash deposit, irrevocable letter of credit, or other method of guarantee acceptable to the Town in an amount of at least 125% of the estimated cost of the public improvements; and, if requested by the Town, to dedicate to the Town any or all other required improvements. If 2 requested by the Town, Owner agrees to enter into an agreement pertaining to such improvements and other matters prior to any development of the property. 9. Improvement Districts. If requested by Keenesburg, Owner agrees to include the property in one or more special improvement districts or other mechanisms established by Keenesburg for making improvements to streets and other public ways, or for making other public improvements authorized by law, and Owner hereby appoints the Town Clerk of Keenesburg as Owner's attorney -in -fact for the purpose of executing all documents determined by Keenesburg to be necessary for such inclusion. If requested by Owner, Keenesburg agrees to consider the establishment of one or more special improvement districts for making such improvements. 10. Special District Inclusion. As a condition of annexation, Owner shall apply for inclusion of the Property within the [insert special districts] (if the Property is not yet within one or more of these districts), and any other special districts as determined by the Town. 11. Special District Exclusion. As a condition of annexation, Owner shall petition for exclusion of the Property from any special districts as determined by the Town. 12. Conformity with Laws. Owner agrees that the design, improvement, construction, development, and use of the property shall be in conformance with, and that Owner shall comply with, all Town ordinances and resolutions including, without limitation, ordinances and resolutions pertaining to annexation, subdivision, zoning, storm drainage, utilities, access to Town streets and flood control. 13. No Repeal of Laws. Nothing contained in this Agreement shall constitute or be interpreted as a repeal of the Town's ordinances or resolutions, or as a waiver of the Town's legislative, governmental, or police powers to promote and protect the health, safety, and welfare of the Town and its inhabitants; nor shall this Agreement prohibit the enactment or increase by the Town of any tax or fee. 14. Disconnection. No right or remedy of disconnection of the property from the Town shall accrue from this Agreement, other than that provided by applicable state laws. In the event the property or any portion thereof is disconnected at Owner's request, Keenesburg shall have no obligation to serve the disconnected property or portion thereof and this Agreement shall be void and of no further force and effect as to such property or portion thereof. 15. Severability. The parties agree that if any part, term, portion, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining parts, terms, portions, or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, portion, or provision held to be invalid. 3 16. Municipal Services. a. Keenesburg agrees to make available to the Property all of the usual municipal services in accordance with the ordinances and policies of the Town. b. The parties acknowledge the Property is located more than 400 feet from any public sewer main and connection to the public sewer system is not practical at this time. In accordance with Section 7-3-10 of the Keenesburg Municipal Code, Owner agrees to connect to the Town's public sewer system, at the Owner's sole expense, including payment of all then -current tap and plant investment fees, when a public sewer main is located within 400 feet of any occupied structure on the Property, or at such earlier time as the parties may agree. This requirement will apply, individually, to each of the three separate lots identified on Exhibit A, as each is occupied and any occupied structure on such lot is within 400 feet of a public sewer. c. The Property will receive potable water service from one well identified as well pennit #224811. Owner shall be responsible for all costs associated with the use of the well, including but not limited to obtaining a well permit, purchasing any augmentation water required, and for compliance with all applicable federal and state law requirements. Owner shall pay to the Town a water usage fee of $1.00 per month for the use of the water payable no later than 30 days after billing sent to the applicable lot owner by the Town. Use of the water withdrawn from the well shall be limited to the Property, and all off site use is expressly prohibited without the Town's written consent. Owner may continue to receive water service from the well until a Town water main is available within 400 feet of any occupied structure on the Property, at which time Owner will be required to connect to the Town water system and pay all applicable tap and water development fees then in effect. Upon the Town's request that the Property be connected to the Town's potable water service, Owner shall convey the well and its appurtenances, access and maintenance easements for the well structure and appurtenances, the well permit, and all other approvals obtained regarding use of the well to the Town at no cost to the Town, and meet any other then -current Town requirements of general applicability for water connections at Owner's sole cost. 17. Water Dedication. a. Non -Tributary and Not Non -Tributary Water. For and in consideration of the provision of water service by the Town, Owner grants in perpetuity to the Town the sole and exclusive right to withdraw, appropriate and use, and hereby consents in perpetuity on behalf of themselves and any and all successors in title, pursuant to C.R.S. § 37-90-137(8) to the Town the right to withdraw the water described in the above statute. b. In -House Supply. Owner or his assigns shall provide such raw water or raw water rights as is required by the Town to supply residential, commercial, or industrial service at the time of final plat approval or at such other time as may be 4 agreed upon or set foith in the subdivision improvements agreement. c. Irrigation. Owner may be required to transfer to the Town, an owners' association, or some other public or quasi -public entity sufficient raw water for irrigation of any public or quasi -public area within the Property as may be shown in any subdivision plat or other development plan. 18. Owners' Association. Upon the request of the Town, or if otherwise required by state law, Owner shall organize an appropriate owners' association or associations for given parcels and/or unit types within the development of the Property. Owner shall form any such association(s) pursuant to the Colorado Common Interest Ownership Act (the "Act"), C.R.S. § 38-333-101, et seq. The Owner shall also execute and record covenants and instruments of conveyance that comply with the Act and which adequately provide for continuous ownership, operation, maintenance, repair and replacement of common elements of the development, including but not limited to any private roads, private common areas, private facilities, and public or private open space. At least thirty (30) days prior to recording any covenants or instruments of conveyance to the association(s), Owner shall provide such documents to the Town for review and comment. It is anticipated that ownership and/or maintenance responsibilities for certain common elements (such as, by way of example and not limitation, entry features, park or recreational tracks, and drainage facilities) may be assigned to such associations, and that such arrangement will be as determined at the time of subdivision or final development plan approval for given parcels and/or unit types within the development of the Property. 19. Development Impact Fees. Owner acknowledges that it is the Town's policy to require "growth to pay its own way" and Owner agrees to pay all development impact fees as set forth in the Town Fee Schedule, including impact fees as may be in effect at the time application is made for any building permit, so long as such fees are reasonably related to the development. Owner shall post such fee and expense deposits as may be required and agrees to reimburse the Town for all costs of this annexation and development of the Property, including, but not limited to, planning fees, inspection costs, engineering fees, attorney fees, publication costs, recording fees, and all other costs specifically attributable to annexation and development of the Property. Nothing in this agreement shall prevent the Town from requiring the payment of fees or impact fees at the time of final plat approval if such funds are necessary for construction of infrastructure, either by the Town oz another entity, prior to issuance of building permits. The Town may withhold building permits, certificates of occupancy and other services if all such fees are not timely paid. The Town may also file liens on the Property if the fees contemplated by this agreement are not timely paid or required improvements are not timely constructed. 20. No Vested Rights. Neither annexation of the Property nor this agreement creates any vested rights. The fact that the Property has been annexed by the Town shall not create or form the basis of any claim by Owner of detrimental reliance or prevent the Town from modifying its development regulations or fees after execution of this agreement. Vested rights shall be acquired only by compliance with C.R.S. § 24-68-101 and approval by the Town of a 5 site specific development plan for the Property. 21. Future Cooperation. The parties agree that they will cooperate with one another in accomplishing the terms, conditions, and provisions of the Agreement, and will execute such additional documents as necessary to effectuate the same. 22. Amendment. This Agreement may be amended by the Town and any Owner without the consent of any other Owner as long as such amendment affects only that Owner's portion of the property. Such amendments shall be in writing, shall be recorded with the County Clerk of Weld County, Colorado, shall be covenants running with the land, and shall be binding upon all persons or entities having an interest in the property subject to the amendment unless otherwise specified in the amendment. Except as otherwise provided herein, this Agreement shall not be amended unless approved in writing by all parties hereto. 23. Entire Agreement. This Agreement embodies the entire agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. 24. Indemnification. Owner agrees to indemnify and hold harmless the Town and the Town's officers, employees, agents, and contractors, from and against all liability, claims, and demands, including attorney fees and court costs, which arise out of or are in any manner connected with the annexation of the property, or with any other annexation or other action determined necessary or desirable by the Town in order to effectuate the annexation of the property, or which are in any manner connected with Keenesburg's enforcement of this Agreement. Owner further agrees to investigate, handle, respond to, and to provide defense for and defend against or at the Town's option to pay the attorney fees for defense counsel of the Town's choice for, any such liability, claims, or demands. 25. Owner. As used in this Agreement, the term "Owner" shall include any of the heirs, transferees, successors, or assigns of Owner, and all such parties shall have the right to enforce this Agreement, and shall be subject to the terms of this Agreement, as if they were the original parties thereto. 26. Amendments to Law. As used in this Agreement, unless otherwise specifically provided herein, any reference to any provision of any Town ordinance, resolution, or policy is intended to refer to any subsequent amendments or revisions to such ordinance, resolution, or policy, and the parties agree that such amendments or revisions shall be binding upon Owner. 27. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the heirs, transferees, successors, and assigns hereof, and shall constitute covenants running with the land. This Agreement shall be recorded with the County Clerk of Weld County, Colorado, at Owner's expense. Subject to the conditions precedent herein, this Agreement may be enforced in 6 any court of competent jurisdiction. 28. Failure to Annex. This Agreement shall be null and void if the Town fails to approve the annexation of the property. 29. Notice. All notices required under this Agreement shall be in writing and shall be hand -delivered or sent by facsimile transmission or registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon transmission receipt. All notices by mail shall be considered effective 72 hours after deposit in the United States mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to Town: Notice to Owner: Town of Keenesburg 140 S. Main Box 312 Keenesburg, CO 80643 Timothy M. Erger and Dawn K. Erger P.O. Box 415 Keenesburg, CO 80643 30. Election. Owner agrees that it is voluntarily entering into this Agreement. Owner represents and submits that, to the extent an election would be required pursuant to C.R.S. § ❑ 31- 12-112, as amended, to approve the annexation or to impose terms and conditions upon the Property to be annexed, Owner owns 100 percent of the Property, excluding public streets and alleys, and would vote to approve the annexation and all terms and conditions as set forth herein. Thus, any election would necessarily result in a majority of the electors' approval to the annexation and the terms and conditions. 31. Legislative Discretion. The Owner acknowledges that the annexation and zoning of the property are subject to the legislative discretion of the Board of Trustees of the Town of Keenesburg. No assurances of annexation or zoning have been made or relied upon by Owner. If, in the exercise of its legislative discretion by the Board of Trustees or through the exercise of the powers of initiative or referendum, any action with respect to the property herein contemplated is not taken, then the sole and exclusive right of Owner with respect to such exercise of discretion shall be the withdrawal of the petition for annexation by the Owner, or disconnection from the Town in accordance with state law, as may be appropriate. 32. No Third -Party Rights. This Agreement is made solely for the benefit of the parties hereto, and is not intended to nor shall it be deemed to confer rights to any persons or entities not named as parties hereto. 7 33. Governing Law. The laws of the State of Colorado shall govern the validity, performance, and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action shall be in Weld County, Colorado. 34. Headings. The paragraph headings in this Agreement shall not be used in the construction or interpretation hereof as they have no substantive effect and are for convenience only. 35. No Warranties by Town. The Town is entering into this Agreement in good faith and with the present intention, on the part of the present Town Board, that this Agreement will be complied with. However, because some of the provisions of this Agreement may involve areas of legal uncertainty, the Town makes no representation as to the validity or enforceability of this Agreement against the Town, and by entering into this Agreement the Owner acknowledges and accepts that no such warranty is made on the part of the Town. OWNER By: {� _t - r Timothy M. Erger Dawn K. Erger 8 ACKNOWLEDGEMENT STATE OF COLORADO )ss COUNTY OF ADAMS The above and foregoing signature of Timothy M. Erger and Dawn K. Erger was subscribed and sworn to before me this 4th day of January, 2018. Witness my hand and official seal. My commission expires on: (SEAL) Vie.;`j 7.0270 JARED UNRUH NOTARY PUSUO, STATE OF COLORADO NOTARY 15991 MY COMMISSION EXPIRSSEPTTEMBER 18, 2020 9 TOWN OF KEENESBURG By: Mayor ATTEST: Town Clerk 10 EXHIBIT A DESCRIPTION - ANNEXATION NO. A PARCEL LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 23 AND THE NORTHWEST ONE -QUARTER OF SECTION 26, TOWNSHIP 02 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 23 BEING A 3.25 INCH ALUMINUM CAP MARKED PLS 37971, THENCE NORTH 89°26'14" EAST,ALONG THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 660.28 FEET, MORE OR LESS TO THE SOUTHERNMOST SOUTHWEST CORNER OF LOT B, RECORDED EXEMPTION NO. 1305-23-3- RE1979 ACCORDING TO THE MAP OR PLAT THEREOF FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO. 2540139 AND THE POINT OF BEGINNING; THENCE OVER AND ACROSS SAID LOT B THE FOLLOWING TWO (2) COURSES AND DISTANCES; 1. NORTH 11°42'03" EAST A DISTANCE OF 1050.15 FEET; 2. SOUTH 22°02'54" EAST A DISTANCE OF 946.60 FEET, MORE OR LESS, TO THE EAST LINE OF SAID LOT B; THENCE SOUTH 01°36'33" WEST, ALONG SAID LINE, PASSING AT A DISTANCE OF 145.48 FEET THE SOUTHEAST CORNER OF SAID LOT B AND THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, CONTINUING FOR A TOTAL DISTANCE OF 175.50 FEET, MORE OR LESS, TO THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD NO. 18 AND THE NORTH LINE OF THE EXISTING TOWN OF KEENESBURG LIMITS ACCORDING TO THE MAP OR PLAT THEREOF FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO.1592212; THENCE SOUTH 89°26'14" WEST, 30.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23 AND ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 460.83 FEET, MORE OR LESS TO THE NORTHWEST CORNER OF SAID ANNEXATION; THENCE SOUTH 89°26'14" WEST, CONTINUING 30.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 101.84 FEET; THENCE NORTH 01°25'39" WEST A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 7.669 ACRES (334050 SQUARE FEET) OF LAND, MORE OR LESS. THE PERIMETER OF THE ABOVE DESCRIBED PARCEL BEING 2764.92 FEET. DESCRIPTION - ANNEXATION NO.2 A PARCEL LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 22, THE SOUTHWEST ONE - QUARTER OF SECTION 23, THE NORTHWEST ONE -QUARTER OF SECTION 26 AND THE NORTHEAST ONE -QUARTER OF SECTION 27, TOWNSHIP 02 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO DESCRIBED AS FOLLOWS: COMMENCING AGAIN AT THE SOUTHWEST CORNER OF SAID SECTION 23 BEING A 3.25 INCH ALUMINUM CAP MARKED PLS 37971, NORTH 89°26'14" EAST, ALONG THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 660.28 FEET, MORE OR LESS TO THE SOUTHERNMOST SOUTHWEST CORNER OF LOT B, RECORDED EXEMPTION NO. 1305-23-3- RE1979 ACCORDING TO THE MAP OR PLAT THEREOF FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO. 2540139 AND THE POINT OF BEGINNING; THENCE NORTH 01°25'39" WEST, ALONG A WEST LINE OF SAID LOT B, A DISTANCE OF 1078.65 FEET; THENCE SOUTH 89°27'33" WEST A DISTANCE OF 650.56 FEET, MORE OR LESS, TO THE WESTERNMOST SOUTHWEST CORNER OF SAID LOT B AND THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23; THENCE SOUTH 00°41'49" WEST A DISTANCE OF 1079.04 FEET, MORE OR LESS, TO THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD NO. 57 AND A POINT AT THE INTERSECTION OF A LINE 30.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE - QUARTER OF SAID SECTION 23 AND A LINE 30.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23; THENCE NORTH 00°53'46" WEST, ALONG SAID RIGHT OF WAY LINE, 30.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 2672.43 FEET, MORE OR LESS, TO THE NORTH LINE OF THE SOUTHWEST ONE - QUARTER OF SAID SECTION 23 EXTENDED; THENCE NORTH 89°27'54" EAST, ALONG SAID LINE, A DISTANCE OF 1349.61 FEET, MORE OR LESS, TO THE CENTER -WEST ONE -SIXTEENTH CORNER OF SAID SECTION 23; THENCE NORTH 89°28'46" EAST, CONTINUING ALONG SAID LINE, A DISTANCE OF 125.26 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID LOT B; THENCE OVER AND ACROSS THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23 AND ALONG THE EAST LINE OF SAID LOT B THE FOLLOWING FOURTEEN (14) COURSES AND DISTANCES; 1. SOUTH 49°37'18" EAST A DISTANCE OF 88.22 FEET; 2. SOUTH 41°13'29" EAST A DISTANCE OF 45.70 FEET; 3. SOUTH 27°32'46" EAST A DISTANCE OF 67.65 FEET; 4. SOUTH 09°44'29" EAST A DISTANCE OF 42.18 FEET; 5. SOUTH 06°05'18" WEST A DISTANCE OF 66.47 FEET; 6. SOUTH 11°00'39" WEST A DISTANCE OF 225.58 FEET; 7. SOUTH 25°48'48" WEST A DISTANCE OF 189.78 FEET; 8. SOUTH 16°35'13" WEST A DISTANCE OF 249.60 FEET; 9. SOUTH 31°43'46" WEST A DISTANCE OF 238.82 FEET; 10. SOUTH 23°14'17" WEST A DISTANCE OF 212.96 FEET; 11. SOUTH 02°18'45" EAST A DISTANCE OF 667.65 FEET; 12. SOUTH 07°53'58" EAST A DISTANCE OF 240.03 FEET; 13. SOUTH 10°27'06" EAST A DISTANCE OF 204.46 FEET; 14. SOUTH 03°19'14" EAST A DISTANCE OF 102.88 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF THE ABOVE DESCRIBED ANNEXATION NO. 1; THENCE NORTH 22°02'54" WEST, ALONG SAID LINE, A DISTANCE OF 946.60 FEET; THENCE SOUTH 11°42'03" WEST, CONTINUING ALONG SAID LINE, A DISTANCE OF 1050.15 FEET TO THE POINT OF BEGINNING. CONTAINING 56.995 ACRES (2482706 SQUARE FEET) OF LAND, MORE OR LESS. THE PERIMETER OF THE ABOVE DESCRIBED PARCEL BEING 11564.28 FEET. DESCRIPTION - ANNEXATION NO.3 A PARCEL LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 22, THE SOUTHWEST ONE - QUARTER OF SECTION 23, THE NORTHWEST ONE -QUARTER OF SECTION 26 AND THE NORTHEAST ONE -QUARTER OF SECTION 27, TOWNSHIP 02 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO DESCRIBED AS FOLLOWS: COMMENCING AGAIN AT THE SOUTHWEST CORNER OF SAID SECTION 23 BEING A 3.25 INCH ALUMINUM CAP MARKED PLS 37971, NORTH 89°26'14" EAST, ALONG THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 660.28 FEET, MORE OR LESS TO THE SOUTHERNMOST SOUTHWEST CORNER OF LOT B, RECORDED EXEMPTION NO. 1305-23-3- RE1979 ACCORDING TO THE MAP OR PLAT THEREOF FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO. 2540139 AND THE POINT OF BEGINNING; THENCE SOUTH 01°25'39" EAST, ALONG THE EAST LINE OF THE ABOVE DESCRIBED ANNEXATION NO. 1, A DISTANCE OF 30.00 FEET, MORE OR LESS, TO THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD NO. 18; THENCE SOUTH 89°26'14" WEST, ALONG SAID RIGHT OF WAY LINE, 30.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 690.55 FEET TO A POINT AT THE INTERSECTION OF SAID LINE AND A LINE 30.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23 AND AN EAST LINE OF THE ABOVE DESCRIBED ANNEXATION NO.2; THENCE NORTH 00°41'49" EAST, ALONG SAID LINE, A DISTANCE OF 1079.04 FEET, MORE OR LESS, TO THE NORTHERNMOST SOUTHWEST CORNER OF SAID LOT B; THENCE NORTH 89°27'33" EAST, CONTINUING ALONG SAID LINE, A DISTANCE OF 30.00 FEET, MORE OR LESS, TO THE TO THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD NO. 57; THENCE SOUTH 00°53'46" EAST, ALONG SAID RIGHT OF WAY LINE, 30.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 1018.78 FEET, MORE OR LESS, TO THE NORTH RIGHT OF WAY LINE OF WELD COUNTY ROAD NO. 18; THENCE NORTH 89°26'14" EAST, ALONG SAID LINE, 30.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 630.00 FEET, MORE OR LESS, TO A WEST LINE OF SAID LOT B AND A WEST LINE OF THE ABOVE DESCRIBED ANNEXATION NO.2; THENCE SOUTH 01°25'39" EAST, ALONG SAID LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1.982 ACRES (86357 SQUARE FEET) OF LAND, MORE OR LESS. THE PERIMETER OF THE ABOVE DESCRIBED PARCEL BEING 3508.37 FEET. NOTES: 1. THIS DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT, THEREFORE ACKLAM, INC. HAS NOT RESEARCHED OR SHOWN ANY OTHER EASEMENTS, RIGHTS OF WAY, VARIANCES AND OR AGREEMENTS OF RECORD EXCEPT AS SHOWN HEREON. 2. BEARINGS SHOWN HEREON ARE BASED ON GPS OBSERVATIONS AND/OR THE ONLINE POSITIONING USER SERVICE OFFERED BY THE N.G.S. AND PROJECTED TO "COLORADO COORDINATE SYSTEM OF 1983 NORTH ZONE" (C.R.S. 38-52-105 & 106). 3. DISTANCES SHOWN HEREON ARE IN US SURVEY FEET GRID. THE COMBINED FACTOR USED TO OBTAIN THE GRID DISTANCES IS 0.999725885. 4. THE BASIS OF BEARINGS FOR THIS SURVEY IS THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SECTION 23, TOWNSHIP 02 NORTH, RANGE 64 WEST OF THE 6TH P.M., SAID LINE BEING MONUMENTED ON THE EAST BY THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 23, BEING 2.5 INCH ALUMINUM CAP MARKED PLS 12374 AND ON THE WEST BY THE SOUTHWEST CORNER OF SAID SECTION 22, BEING A 3.25 INCH ALUMINUM CAP MARKED PLS 37971 AND BEARS SOUTH 89°26'14' WEST. RECEIVED FEB 232018 TOWN OF KEENESBURG WELD COUNTY FOUNDED JULY, 1906 COMMISSIONERS A MUNICIPAL CORPORATION SINCE JULY, 1919 Clerk of the Weld County Bd. of County Comm'rs P.O. Box 758 Greeley, CO 80632 Aims Junior College P.O. Box 69 Greeley, CO 80632 Central Colorado Water Conservancy District 3209 W 28th Street Greeley, CO 80634 Dear Sir or Madam: February 21, 2018 Bruce Barker, Esq. Weld County Attorney 915 10th Street Greeley, CO 80632 School District RE -3J P.O. Box 269 Keenesburg, CO 80643 Southeast Weld Fire Protection District P.O. Box 1 Keenesburg, CO 80643 High Plains Library District 2650 W 29th Street Greeley, CO 80631 Enclosed please find notification of a proposed annexation to the Town of Keenesburg, Colorado, to be known as the Erger Annexation Nos. 1-3. The public hearing on the proposed annexation is scheduled for Monday, March 19, 2018 at 6:00 p.m., as set forth in the enclosed Resolution No. 2018-05. Also enclosed are copies of the Petition for Annexation as filed with the Town and the notice published in the Greeley Tribune on February 16 and 23, and March 2 and 9, 2018. TOWN OF KEENESBURG, COLORADO Toni Pearl, Town Clerk 140 SOUTH MAIN P.O. BOX 312 KEENESBURG, COLORADO 80643 PHONE 303-732-4281 FAX 303-732-0599 Pu.3lic Revit4h) 03-05-18 Cc; so(is),P-(MMITP), c. YWI C mullAtifl ITP), PW (EP/CH/ER) And rr,a-ps OA .27-/8 2018-0656 RESOLUTION NO. 2018-05 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF KEENESBURG, COLORADO, KNOWN AS THE ERGER ANNEXATION TO THE TOWN OF KEENESBURG, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Erger Annexation 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 descriptions for which are 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. in the petitions. No additional terms and conditions are to be imposed except any provided for Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §§ 31-12-104 and 31-12-105, and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Keenesburg Town Hall, 140 S. Main, Keenesburg, Colorado 80643, on Monday, March 19, 2018 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 petitions. 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 petitions. 1 Ken Gfel , Mayor 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 petitions. INTRODUCED, READ, and ADOPTED this 5`]' day of February, 2018. ATTEST:. Toni Pearl, Town Clerk 2f I/20i8 3.01 PM Ikmk] R;\Reenesbure.rlmiuxntianlF_rger`Subst Comp Res.doc 2 EXHIBIT A LEGAL DESCRIPTION EXHIBIT A DESCRIPTION -- ANNEXATION NO. 1 A PARCEL LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 23 AND THE NORTHWEST ONE -QUARTER OF SECTION 26, TOWNSHIP 02 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 23 BEING A 3.25 INCH ALUMINUM CAP MARKED PLS 37971, THENCE NORTH 89°26'14" EAST, ALONG THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 660.28 FEET, MORE OR LESS TO THE SOUTHERNMOST SOUTHWEST CORNER OF LOT B, RECORDED EXEMPTION NO, 1305-23-3-RE1979 ACCORDING TO THE MAP OR PLAT THEREOF FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO. 2540139 AND THE POINT OF BEGINNING; THENCE OVER AND ACROSS SAID LOT B THE FOLLOWING TWO (2) COURSES AND DISTANCES; 1. NORTH 11°42'03" EAST A DISTANCE OF 1050:15 FEET; 2. SOUTH 22°02'54" EAST A DISTANCE OF 946.60 FEET, MORE OR LESS, TO THE EAST LINE OF SAID LOT B; THENCE SOUTH 01°36'33" WEST, ALONG SAID LINE, PASSING AT A DISTANCE OF 145.48 FEET THE SOUTHEAST CORNER OF SAID LOT B AND THE SOUTH LINE OF THE SOUTHWEST ONE - QUARTER OF SAID SECTION 23, CONTINUING FOR A TOTAL DISTANCE OF 175.50 FEET, MORE OR LESS, TO THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD NO. 18 AND THE NORTH LINE OF THE EXISTING TOWN OF KEENESBURG LIMITS ACCORDING TO THE MAP OR PLAT THEREOF FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO.1592212; THENCE SOUTH 89°26'14" WEST, 30.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23 AND ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 460.83 FEET, MORE OR LESS TO THE NORTHWEST CORNER OF SAID ANNEXATION; THENCE SOUTH 89°26'14" WEST, CONTINUING 30.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 101.84 FEET; THENCE NORTH 01°25'39" WEST A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 7.669 ACRES (334050 SQUARE FEET) OF LAND, MORE OR LESS, THE PERIMETER OF THE ABOVE DESCRIBED PARCEL BEING 2764.92 FEET. DESCRIPTION - ANNEXATION NO. 2 A PARCEL LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 22, THE SOUTHWEST ONE -QUARTER OF SECTION 23, THE NORTHWEST ONE -QUARTER OF SECTION 26 AND THE NORTHEAST ONE -QUARTER OF SECTION 27, TOWNSHIP 02 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO DESCRIBED AS FOLLOWS: 3 COMMENCING AGAIN AT THE SOUTHWEST CORNER OF SAID SECTION 23 BEING A 3.25 INCH ALUMINUM CAP MARKED PLS 37971, NORTH 89°26'14" EAST, ALONG THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 660.28 FEET, MORE OR LESS TO THE SOUTHERNMOST SOUTHWEST CORNER OF LOT B, RECORDED EXEMPTION NO. 1305-23-3-RE1979 ACCORDING TO THE MAP OR PLAT THEREOF FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO. 2540139 AND THE POINT OF BEGINNING; THENCE NORTH 01°25'39" WEST, ALONG A WEST LINE OF SAID LOT B, A DISTANCE OF 1078.65 FEET; THENCE SOUTH 89°27'33" WEST A DISTANCE OF 650.56 FEET, MORE OR LESS, TO THE WESTERNMOST SOUTHWEST CORNER OF SAID LOT B AND THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23; THENCE SOUTH 00°41'49" WEST A DISTANCE OF 1079.04 FEET, MORE OR LESS, TO THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD NO. 57 AND A POINT AT THE INTERSECTION OF A LINE 30.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE - QUARTER OF SAID SECTION 23 AND A LINE 30.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23; THENCE NORTH 00°53'46" WEST, ALONG SAID RIGHT OF WAY LINE, 30.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 267243 FEET, MORE OR LESS, TO THE NORTH LINE OF THE SOUTHWEST ONE QUARTER OF SAID SECTION 23 EXTENDED; THENCE NORTH 89°27'54" EAST, ALONG SAID LINE, A DISTANCE OF 1349,61 FEET, MORE OR LESS, TO THE CENTER -WEST ONE -SIXTEENTH CORNER OF SAID SECTION 23; THENCE NORTH 89°28'46" EAST, CONTINUING ALONG SAID LINE, A DISTANCE OF 125.26 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID LOT B; THENCE OVER AND ACROSS THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23 AND ALONG THE EAST LINE OF SAID LOT B TH.E FOLLOWING FOURTEEN (14) COURSES AND DISTANCES; 1. SOUTH 49°37'18" EAST A DISTANCE OF 88.22 FEET; 2. SOUTH 41°13'29" EAST A DISTANCE OF 45.70 FEET; 3. SOUTH 27°32'46" EAST A DISTANCE OF 67.65 FEET; 4. SOUTH 09°44'29" EAST A DISTANCE OF 42.18 FEET; 5. SOUTH 06°.05'18" WEST A DISTANCE OF 66.47 FEET; 6. SOUTH 11°00'39" WEST A DISTANCE OF 225.58 FEET; 7. SOUTH 25°48'48" WEST A DISTANCE OF 189.78 FEET; 8. SOUTH 16°35'13" WEST A DISTANCE OF 249.60 FEET; 9. SOUTH 31°43'46" WEST A DISTANCE OF 238.82 FEET; 10. SOUTH 23°14'17" WEST A DISTANCE OF 212.96 FEET; 11. SOUTH 02°18'45" EAST A DISTANCE OF 667.65 FEET; 12. SOUTH 07°53'58" EAST A DISTANCE OF 240.03 FEET; 13. SOUTH 10°27'06" EAST A DISTANCE OF 204.46 FEET; 14. SOUTH 03°19'14" EAST A DISTANCE OF 102.88 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF THE ABOVE DESCRIBED ANNEXATION NO. 1; 4 THENCE NORTH 22°02'54" WEST, ALONG SAID LINE., A DISTANCE OF 946.60 FEET; THENCE SOUTH 11"42'03" WEST, CONTINUING ALONG SAID LINE, A DISTANCE OF 1050,15 FEET TO THE POINT OF BEGINNING. CONTAINING 56.995 ACRES (2482706 SQUARE FEET) OF LAND, MORE OR LESS. THE PERIMETER OF THE ABOVE DESCRIBED PARCEL BEING 11564.28 FEET. DESCRIPTION - ANNEXATION NO. 3 A PARCEL LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 22, THE SOUTHWEST ONE -QUARTER OF SECTION 23, THE NORTHWEST ONE -QUARTER OF SECTION 26 AND THE. NORTHEAST ONE -QUARTER OF SECTION 27, TOWNSHIP 02 NORTH, RANGE 64 WEST OF THE 6T" PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO DESCRIBED AS FOLLOWS: COMMENCING AGAIN AT THE SOUTHWEST CORNER OF SAID SECTION 23 BEING A 3.25 INCH ALUMINUM CAP MARKED PLS 37971, NORTH 89°26'14" EAST, ALONG THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 660.28 FEET, MORE OR LESS TO THE SOUTHERNMOST SOUTHWEST CORNER OF LOT B, RECORDED EXEMPTION :NO. 1305-23-3-RE1979 ACCORDING TO THE MAP OR PLAT THEREOF FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO. 2540139 AND THE POINT OF BEGINNING; THENCE SOUTH 01°25'39" EAST, ALONG THE EAST LINE OF THE ABOVE DESCRIBED ANNEXATION NO. 1, A DISTANCE OF 30.00 FEET, MORE OR LESS, TO THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD NO. 18; THENCE SOUTH 89°26'14" WEST, ALONG SAID RIGHT OF WAY LINE, 30.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 690.55 FEET TO A POINT AT THE INTERSECTION OF SAID LINE AND A LINE 30.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23 AND AN EAST LINE OF THE ABOVE DESCRIBED ANNEXATION NO. 2; THENCE NORTH 00°41'49" EAST, ALONG SAID LINE, A DISTANCE OF 1079.04 FEET,. MORE OR LESS, TO THE NORTHERNMOST SOUTHWEST CORNER OF SAID LOT B; THENCE NORTH 89°27'33" EAST, CONTINUING ALONG SAID LINE, A DISTANCE OF 30.00 FEET, MORE OR LESS, TO THE TO THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD NO. 57; THENCE SOUTH 00°53'46" EAST, ALONG SAID RIGHT OF WAY LINE, 30.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A. DISTANCE OF 1018.78 FEET, MORE OR LESS, TO THE NORTH RIGHT OF WAY LINE OF WELD COUNTY ROAD NO. 18; THENCE NORTH 89°26'14" EAST, ALONG SAID LINE, 30.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 630.00 FEET, MORE OR LESS, TO A WEST LINE OF SAID LOT B AND A WEST LINE OF THE ABOVE DESCRIBED ANNEXATION NO. 2; THENCE SOUTH 01°25'39" EAST, ALONG SAID LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1.982 ACRES (86357 SQUARE FEET) OF LAND, MORE OR LESS. THE PERIMETER OF THE ABOVE DESCRIBED PARCEL BEING 3508.37 FEET. 5 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 ERGER 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 3142-105 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 Page 1 of 6 g• annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. The territory proposed to be annexed does not include any area which is the same or substantially the same area in which an election for an annexation to the Town of Keenesburg was held within twelve months preceding the filing of this petition. h. The territory proposed to be annexed does not include any area included in another annexation proceeding involving a town other than the Town of Keenesburg J. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Keenesburg more than three miles in any direction from any point of the boundary of the Town of Keenesburg in any one year. k. The territory proposed to be annexed is 61.719 acres in total area. I: Prior to completion of the annexation of the area proposed to be annexed, a plan will be in place, pursuant to Section 31-12-105(1)(e), C.R.S., which generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, and sanitation to be provided by the Town of Keenesburg; including the providers of transportation, light, natural gas, and power, and the proposed land uses for the area; such plan to be updated at least once annually. m; In establishing the boundary of the area proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the area annexed, and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be ` annexed to the Town of Keenesburg but is not bounded on both sides by the Town of Keenesburg. 3. The owners of more than fifty percent (50%) of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. The signatures on this petition comprise one -hundred percent (100%) of the landowners of the territory to be annexed and said landowners attesting to the facts and agreeing to the conditions herein contained will negate the necessity of any annexation election. 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; Page 2 of 6 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 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. 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 Keenesburg. f. Acceptance block describing the acceptance action by the Mayor on behalf of the Town of Keenesburg and providing for the effective date and Town Clerk attest signature. 5. Upon the annexation ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Keenesburg, except for general property taxes of the Town of Keenesburg, which shall become effective as of the January 1 next ensuing. 6. The zoning classification requested for the area proposed to be annexed is Light Industrial. 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: Page 3 of 6 THEREFORE, the petitioners, whose signatures are on the signature sheet on the next page, respectfully petitions the Board of Trustees of the Town of Keenesburg to annex the territory described and referenced to in Exhibit "A" to the Town of Keenesburg in accordance with and pursuant to the statues of the State of Colorado. Page 4of6 AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That he was the circulator of the foregoing Petition for Annexation of lands to the Town of Keenesburg, Colorado, consisting of 7 pages, including this page and that each signature thereon was witnessed by your affiant and is the true signature of the person whose name it purports to be. ACKNOWLEDGEMENT STATE OF COLORADO COUNTY OF ADAMS )ss The above and foregoing Affidavit of Circulator was subscribed and sworn to before me this /S'1 day of December, 2017. Witness my hand and official seal. My commission expires on: 5/4760 JARRED UNRUH NOTARY P JBUC, STATE OF COLORADO NOTARYID 201¢4035881 MYOOMMISSION MIMES SEPTEM9ER le, (SEAL) Jare uh 540 East Bridge Street Brighton, Colorado 80601 Page 5 of 6 Land Owner (s) Name (s) and Signature (s) Mailing Address Date Timothy M. Erger P.O. Box 415 Keenesburg, Colorado 80643 Dawn K, :Eger P.O. Box 415 Printed Name Signature eiterL afi5in Keenesburg, Colorado 80643 ta•` 15 • { 1 Page 6 of 6 EXHIBIT A DESCRIPTION - ANNEXATION NO. 1 A PARCEL LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 23 AND THE NORTHWEST ONE -QUARTER OF SECTION 26, TOWNSHIP 02 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 23 BEING A 3.25 INCH ALUMINUM CAP MARKED PLS 37971, THENCE NORTH 89°26'14" EAST, ALONG THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 660.28 FEET, MORE OR LESS TO THE SOUTHERNMOST SOUTHWEST CORNER OF LOT B, RECORDED EXEMPTION NO. 1305-23-3- RE1979 ACCORDING TO THE MAP OR PLAT THEREOF FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO. 2540139 AND THE POINT OF BEGINNING; THENCE OVER AND ACROSS SAID LOT B THE FOLLOWING iWO (2) COURSES AND DISTANCES; 1, NORTH 11°42'03" EAST A DISTANCE OF 1050.15 FEET; 2. SOUTH 22°02'54" EAST A DISTANCE OF 946.60 FEET, MORE OR LESS, TO THE EAST LINE OF SAID LOT B; THENCE SOUTH 01°36'33" WEST, ALONG SAID LINE, PASSING AT A DISTANCE OF 145.48 FEET THE SOUTHEAST CORNER OF SAID LOT B AND THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, CONTINUING FOR A TOTAL DISTANCE OF 175.50 FEET, MORE OR LESS, TO THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD NO. 18 AND THE NORTH LINE OF THE EXISTING TOWN OF KEENESBURG LIMITS ACCORDING TO THE MAP OR PLAT THEREOF FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO.1592212; THE NCE SOUTH 89°26'14" WEST, 30.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23 AND ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 460.83 FEET, MORE OR LESS TO THE NORTHWEST CORNER OF SAID ANNEXATION; THENCE SOUTH 89°26'14" WEST, CONTINUING 30.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 101.84 FEET; THENCE NORTH 01°25'39" WEST A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 7.669 ACRES (334050 SQUARE FEET) OF LAND, MORE OR LESS. THE PERIMETER OF THE ABOVE DESCRIBED PARCEL BEING 2764.92 FEET. DESCRIPTION - ANNEXATION NO.2 A PARCEL LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 22, THE SOUTHWEST ONE - QUARTER OF SECTION 23, THE NORTHWEST ONE -QUARTER OF SECTION 26 AND THE NORTHEAST ONE -QUARTER OF SECTION 27, TOWNSHIP 02 NORTH, RANGE 64 WEST OF THE 6Th PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO DESCRIBED AS FOLLOWS: COMMENCING AGAIN AT THE SOUTHWEST CORNER OF SAID SECTION 23 BEING A 3,25 INCH ALUMINUM CAP MARKED PLS 37971, NORTH 89°26'14" EAST, ALONG THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 660.28 FEET, MORE OR LESS TO THE SOUTHERNMOST SOUTHWEST CORNER OF LOT B, RECORDED EXEMPTION NO. 1305-23-3- RE1979 ACCORDING TO THE MAP OR PLAT THEREOF FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO. 2540139 AND THE POINT OF BEGINNING; THENCE NORTH 01°25'39" WEST, ALONG A WEST LINE OF SAID LOT B, A DISTANCE OF 1078.65 FEET; THENCE SOUTH 89°27'33" WEST A DISTANCE OF 650,56 FEET, MORE OR LESS, TO THE WESTERNMOST SOUTHWEST CORNER OF SAID LOT B AND THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23; THENCE SOUTH 00°41'49" WEST A DISTANCE OF 1079.04 FEET, MORE OR LESS, TO THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD NO. 57 AND A POINT AT THE INTERSECTION OF A LINE 30.00 FEET SOUTH OFAND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE- QUARTER OF SAID SECTION 23 AND A LINE 30.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23; THENCE NORTH 00°63'46" WEST, ALONG SAID RIGHT OF WAY LINE, 30.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 2672.43 FEET, MORE OR LESS, TO THE NORTH LINE OF THE SOUTHWEST ONE.. QUARTER OF SAID SECTION 23 EXTENDED; THENCE NORTH 89°27'54" EAST, ALONG SAID LINE, A DISTANCE OF 1349.61 FEET, MORE OR LESS, TO THE CENTER -WEST ONE -SIXTEENTH CORNER OF SAID SECTION 23; THENCE NORTH 89°28'46" EAST, CONTINUING ALONG SAID LINE, A DISTANCE OF 125.26 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID LOT B; THENCE OVER AND ACROSS THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23 AND ALONG THE EAST LINE OF SAID LOT B THE FOLLOWING FOURTEEN (14) COURSES AND DISTANCES; 1, SOUTH 49°37'18" EAST A DISTANCE OF 88.22 FEET; 2. SOUTH 41°13'29" EAST A DISTANCE OF 45.70 FEET; 3. SOUTH 27°32'46" EAST A DISTANCE OF 67.65 FEET; 4. SOUTH 09°44'29" EAST A DISTANCE OF 42.18 FEET; 5. SOUTH 06°05'18" WEST A DISTANCE OF 66.47 FEET; 6. SOUTH 11°00'39" WEST A DISTANCE OF 225.58 FEET; 7. SOUTH 25°48'48" WEST A DISTANCE OF 189.7$ FEET; 8. SOUTH 16°35'13" WEST A DISTANCE OF 249.60 FEET; 9. SOUTH 31°43'46" WEST A DISTANCE OF 238.82 FEET; 10. SOUTH 23°14'17" WEST A DISTANCE OF 212.96 FEET; 11. SOUTH 02°18'45" EAST A DISTANCE OF 667.65 FEET; 12. SOUTH 07°53'58" EAST A DISTANCE OF 240.03 FEET; 13. SOUTH 1O°27'06" EAST A DISTANCE OF 204.46 FEET; 14. SOUTH 03°19'14" EAST A DISTANCE OF 102.88 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF THE ABOVE DESCRIBED ANNEXATION NO. 1; THENCE NORTH 22°02'54" WEST, ALONG SAID LINE, A DISTANCE OF 946.60 FEET; THENCE SOUTH 11°42'03" WEST, CONTINUING ALONG SAID LINE, A DISTANCE OF 1050.15 FEET TO THE POINT OF BEGINNING. CONTAINING 56.995 ACRES (2482706 SQUARE FEET) OF LAND, MORE OR LESS. THE PERIMETER OF THE ABOVE DESCRIBED PARCEL BEING 11564.28 FEET. DESCRIPTION - ANNEXATION NO.3 A PARCEL LOCATED IN THE SOUTHEAST ONE -QUARTER OF SECTION 22, THE SOUTHWEST ONE - QUARTER OF SECTION 23, THE NORTHWEST ONE -QUARTER OF SECTION 26 AND THE NORTHEAST ONE -QUARTER OF SECTION 27, TOWNSHIP 02 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO DESCRIBED AS FOLLOWS: COMMENCING AGAIN AT THE SOUTHWEST CORNER OF SAID SECTION 23 BEING A 3.25 INCH ALUMINUM CAP MARKED PLS 37971, NORTH 89°26'14" EAST, ALONG THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 660.28 FEET, MORE OR LESS TO THE SOUTHERNMOST SOUTHWEST CORNER OF LOT B, RECORDED EXEMPTION NO. 1305 23-3- RE1979 ACCORDING TO THE MAP OR PLAT THEREOF FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AT RECEPTION NO. 2540139 AND THE POINT OF BEGINNING; THENCE SOUTH 01°25'39" EAST, ALONG THE EAST LINE OF THE ABOVE DESCRIBED ANNEXATION NO. 1, A DISTANCE OF 30.00 FEET, MORE OR LESS, TO THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD NO. 18; THENCE SOUTH 89°26'14" WEST, ALONG SAID RIGHT OF WAY LINE, 30.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 690.55 FEET TO A POINT AT THE INTERSECTION OF SAID LINE AND A LINE 30.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23 AND AN EAST LINE OF THE ABOVE DESCRIBED ANNEXATION NO.2; THENCE NORTH 00°41'49" EAST, ALONG SAID LINE, A DISTANCE OF 1079.04 FEET, MORE OR LESS, TO THE NORTHERNMOST SOUTHWEST CORNER OF SAID LOT B; THENCE NORTH 89°27'33" EAST, CONTINUING ALONG SAID LINE, A DISTANCE OF 30.00 FEET, MORE OR LESS, TO THE TO THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD NO, 57; THENCE SOUTH 00°53'46" EAST, ALONG SAID RIGHT OF WAY LINE, 30.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 1018.78 FEET, MORE OR LESS, TO THE NORTH RIGHT OF WAY LINE OF WELD COUNTY ROAD NO. 18; THENCE NORTH 89°26'14" EAST, ALONG SAID LINE, 30.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23, A DISTANCE OF 630.00 FEET, MORE OR LESS, TO A WEST LINE OF SAID LOT B AND A WEST LINE OF THE ABOVE DESCRIBED ANNEXATION NO.2; THENCE SOUTH 01°25'39" EAST, ALONG SAID LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1.982 ACRES (86357 SQUARE FEET) OF LAND, MORE OR LESS. THE PERIMETER OF THE ABOVE DESCRIBED PARCEL BEING 3508.37 FEET. NOTES: 1. THIS DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT, THEREFORE ACKLAM, INC. HAS NOT RESEARCHED OR SHOWN ANY OTHER EASEMENTS, RIGHTS OF WAY, VARIANCES AND OR AGREEMENTS OF RECORD EXCEPT AS SHOWN HEREON. 2, BEARINGS SHOWN HEREON ARE BASED ON GPS OBSERVATIONS AND/OR THE ONLINE POSITIONING USER SERVICE OFFERED BY THE N.G.S. AND PROJECTED TO "COLORADO COORDINATE SYSTEM OF 1983 NORTH ZONE" (C.R.S. 38-52-105 & 106). 3. DISTANCES SHOWN HEREON ARE IN US SURVEY FEET GRID. THE COMBINED FACTOR USED TO OBTAIN THE GRID DISTANCES IS 0.999725885. 4. THE BASIS OF BEARINGS FOR THIS SURVEY IS THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SECTION 23, TOWNSHIP 02 NORTH, RANGE 64 WEST OF THE 6TH P.M..; SAID LINE BEING MONUMENTED ON THE EAST BY THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 23, BEING 2,5 INCH ALUMINUM CAP MARKED PLS 12374. AND ON THE WEST BYTHE SOUTHWEST CORNER OF SAID SECTION 22, BEING A 3.25 INCH ALUMINUM CAP MARKED PLS 37971 AND BEARS SOUTH 89°26'14" WEST. q pu .e..... "TOWN OF KEENESBURG, COLORADO NOTICE OF PUBLIC HEARINGS ' Notice is hereby gheen'that the Planning and ,'Zoning Commission of the Town of Keenesburrgg will hold a Public Hearing commencing at 8;00 p,m., Thursday, March 8.2018 at the Keenesburg To wr }Tall 1q0, South Main Street, Kaenas@urg,, Cofprado:80843: The purpose of the PublicHearfng is to consider a request for zoning of vrope� proposed to be annexed td the Town and known Lrger Annexation Nos 1.3 and consider requests for approval of a site plan and minor subdivision. The zoning requested is Light Industrial LI), and Agrieufural (AG). as !ir hiithg Notice is hereby given that the Board o1 Trystaes or the Town of Keenesburg will hold a Public Healing o r+NN Street hereby that tondo rd pt `The purpose Town ffie Public, Hearieshurg is told a determine whether certain property e Eiger Anneiretfon Nos. 1-3 to the Town of Keeneaburg, meets the applicable requirements of the statutes of the State ncing at 0of Colonrad and Is eligible for annexation tp theonday, March 19, 2018 at the o Town to de e is g fiat the proposed annexation, and consider requests for approvel of a site i p Pena' for which a petrhon for annexation has been filed wish the Town, to be t>1 ins a� plan, and a minor subdivision. The zoning requested is Light Industrial (Lq, and Agriculture AG)own, determ' yappear of 4' To Public Hearings and pa heard regarding the matters underaonsiderafion. e al address of f fl r Nb 57 Kaoriesb r Th appraxltnata ibcatidit of the properly )s nort}t ei CF iB adjacent it NorJr Defer 5ireet, Xhlbit A to Flesolutipn NO. 20}g en U 9, CQ 90(343, •aril:VA deseript on of the property th Is 1h5 subjec of the annexation, zunirig. sit plan, and •minor subdivision request is set for. Ceptag of the mneRailoil petition, zoning request, she plan, and mirror subdivision applications other, related application material&, and the iesolut an Bnding that the anriexafion bster t(al iDespltanpe wkTt tt a applfpaple,iawsof the State of Colorado are onfile and coat ab(e for public inspection h the office of the Town Clerk,pennon )s In si business hhura ]4p South M1m, Keenesburg, CL+g0643, goring. regale Dated the 13th day of February, 2018, TOWN OF KEENESBUAG, COLORADO ,Toni Peed Town Clerk Publicafton Dates.' February 1S and 29, and and 9, 2018 in the -Greeley Tribune. EXHIBIT A A RESOLUTION'FINDING SUB$TA'tlTIA4 CQMPLJANQE 'FOR AN: RESCtLU•71ON NO, 2p18 -D5 r AtVNE)LHERE PETITION FILED WITH THE TOWN OF KEENESBURG; COLORADO„KNOWN AS THE ERG TO THE.TOWN'OP KEENEattono. AND SETTING A,PUBL1O HEARING THEREON. WHEREAS, a peltion for annexation domain property to be known as the Eiger Annexation has been filed with the Town Clerk ofthe Tawn of Keenesburg, Colorado, andrefer Trusteesof the Tads for a.dstermtnation of substantial compliance, with applicable law; and WHEREAS, the Board of Trustees.wlshes to permit simultaneous conelderadon of the subject ''.WHEREAS, lira board of Trustees has reviewed the property for annexation end zoning, if requested in the petition; and petition and desires to adopt by this restitution its findings.w)th regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OP THE TOWN OF KEENESBURG, COLORADO: Saetiorf 1. The petition, the legal deserlplions for which are set forth In Exhibit A attached hereto and incorporated herein by reference, Is In substantial compliance with the applicable laws State of Colorado. Sectipn2. fesle lion Is required under•C.R,9, § 31,12-107(2), tion 3- . No additrenal.ferm5 and conditions are to be imposed except any provided for in the petitions. atfeil4. 1'he'$pard of Trustees will hold a publla.hearin for they . if the p hold ritiha'the.epproprfate toning et the subject property, if requested n the petit at the Kee proposed Town Hell, xation complies i 440 S Main, nKcenesbb g, Coloradand o p849 on M Monday, March 10 20 Any person may appear at such hearing and presentee dertce relative to the proposed annexation, or the proposed !�m,�prEtl�on of the Itean line B � p poaea mning.lt requesteQ in the patmpns, vqr 4 ef,Vi uatees will set forih,.b resolution, fis findings and conclusions with reference to.the eligibility or the propposed annexation, and whether th a ? ,0a4A'reek endirutiier, wilt determine the appropriate zoning of the subject property 4 requested in+the petitions` 7, if the Boar of Trustees concludes by resolution, That all statutory requirements have been met and thafthe proposed annexation is proper under the laws of itra Stata of Colorado, the I Trustees may pass one or more ordinances annex the subject r t or inances zoning the suttject property if requested in � 71 ¢ r>perlytp the Town aFlCeanpsfnrtg, and will pass one more prdrri UO , READ, and AC1011 f lE lh s 6th day of February, 2018: IBIT A DESCRIPTION- ANNEXATION NO: 1 A PARCEL LOCATED. IN THE SOUTHWEST ONE QUARTER OF SECTION 23. AND THE.NORTHWE-ST ONE -QUARTER OF SECTION 26, TOWNSHIP 02 NORTH; RANGE64 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD STATE OF COLORADO DESCRIBED AS'FOLLDWSi COMMENCING- TT1 E $OU7HWEST'C013NER OF SAID SECTION 23 SEINGA 3.25 INCH LUMINU CAP MARKED PL5 3797} THENCE -NORTH 88°26'11" E487 ALONG THE S QIITH 4F T1, SCt tgT QUARRT&R OF SAID SECTION 23, A DISTANCE OF 660.25 FEET MORE OR. T1 N 1805 3 E1979 ACNNG TO THE MAP OR PLAT THEREOF FILED FOR RECORD IN'THE OFFICE OF THE WELD COUNTY CLERK AND AT • N0, 2540135 NO. l 4 POINT OF BEGINNING;ORDI� LESS OFFHE ICE THE SOUTHERNMOST SOUTHWEST CORNER RECORDER AT RECEPTION LINE THENCE OVRA7D AOROS SAID LOT 8 THE FOLLOWING TWO (2) COURSES AND DISTANCES; RECORDER A , RECEPTION 1. N RTI F1 4243 EAST A DISTANCE OF 105015 FEET- _ S °ET. ALONG SAD LINE PASSINGAT A ORE OR OF 145,48 TO FEET THE S� T SAID ST CORNER OF SAID LOTS AND ONE QUAR1E4O3 SAID SECTION 23 CONTINUING FORA TOTAL DISTANCE. OF 175.50 FEET, MORE OR LESS, TO THE SOUTH RIGHT OF WAY THE SOUTH ONE OF THE LINE OF WELD COUNTY -ROAD Na. 18 AND THE NORTH LINE OF THE.EXlSTING TOWNOFKEENESBURG LIMITS ACCORDING TO TE MAP OR PLATHEREOF FILED FOR RECORD IM'THE OFFICE OF THE WELDCOUNTYSOUTHWEST ' CLERK ANO RECORDER AT RECPTI,ON N0,1592212; THENCE SOUTH 89°2614 WEST, 39 QO,F5iTrf$CUTH.OF AND FARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 23 AND ALONG SAID RIGHT OHENOEI`INS A 89'20'.14"NC WESTCpNTjNUIkG 80A0 FE 3DUTH AND pAREALLEpWITH THES SAID -ANNEXATION.; LINE OFTHESOUTHWEST ONE= T H 1Q7ESOU@THT THENCE NORTH. 01°25'39° WESTA OISTANC`OF 30.O0,FEET TO THE POINT OF BEGINNING;, QUARTER OPSAID BEOTION.23, A.DISTANCE. CONTAINING:7,009 B0.9 ACRES (334050. SQUARE FEET)•OF LAND, MORE OR LESS, THE PERIMETER Op THE ABOVE DESCRIBED PARCEL BEING 2764.92 FEET. DESCRIPTION ANNEXATION. NO 2 A PARCEL LOCATED iNTHE SOUTH- T 'NP LEGAL DESCRIPTION THENCE SO THE NOI THEM'ONE QUARTER OP SE0 i 2a TO SHIPt1.2'NORTH, RANGE 84 WEST OF THE 8TH PRINCIPAL ME61D .N, COUNTY OP WELD, STATE OF COLORADO DESCRIBED QIJAR7J=R QF "SE�Ti{8N?Z; THE gi9UTHlNE�ST t�NE=(iZUAI;Fi'.O $EC�TiQN THE NORTHWEST {�lE RUARTR I3E SING OM1I .2..A AS POLL'= WN COMMENCING GAIN AT THC SOUT1.11NEST A CORNER OF SAID SECTION 23 BEING A-3.25 �TINCHALUMINIIJJM CAP MARKED PLS;3:7971. NORTH 69261' °.EAST, ALpNG'THE S . OFF:THEEMP710N TH 30T O 3 Q 9RTER T9 ACOQFIAWG TQ TMR 23, d I T AT EfiOEE' Ee0,28 FEET, M RECORDQ 181 T}Q TI IS $h1oRE,9�t L 5.TQ THE.SQI/7FIERNIvibS�TSOU1 HV1!EST Ct)RNER OF IAT L1 RECORDED, EXE��IM�5411QN NO, 306- POINT 19 BEGINNING; CE'oF THE WELD'COUNTY CLERK AND RE THENCE NORTH 01 25'39^ WEST, ALONG A WEST I INE:OF SAID LOT 0,:A DISTANCE OF 1078.65 FEET RECORDERAT REOEPI. UTH 891'7`33 WEST A DISTANCE OF850.58 FEET; MORE OR LESS; TO THE WESTERNMOST SOUTHWEST CORNER OF SAID LOT'S AND THE WET LINE . SOUTH WESTYINE.QUARTER OF'SAID SECTION 23,, THENOS SOUTH OO°41 49 WESTA DISTANCE or 1078:04 FEET, MORE OR LESS, TOTHE WEST NIGHT OF WAY LINE OFTIVELD COUNTY ROAD . O.,67.AND A POINT ATTTF THE THENCE RAU T WI H�3TI46 WET INONE G S j j S fi p yA PARALLELE-� ARTE(•OP SAID UTHSECTIO 23.F THE SOUTHWE$T FiNE,AUARTER OF SAID SECTION 29 AND A TIN3tl,pp E Y WEST ION 28, A DISTANCE 01; 2872:43 FE • Y LINE, 30.00 FEET WEST OF AND PARALLEL WITH T1iE.WES_TTUNE OI; g IE,SOUTNWEST ONE -QUARK. S C OF T'HENANO.PAET MIRE OR 1 85 TO THE NORTH LINE OF THE SOUTHWEST HE OENANTE;•>DPSAID SECTlI rllf• E iET# OF SAID �C``E NOpO�RTH 88°2)"E4¢ EAST A(_ SNGSAJD. LIILNE A. DISTANCE OF 1345A.1 FEET, MORE OR:L 8 , TO THE ENTER W 0 E ?HENCEDYERA3'E8' EAAS.T,CONTINUING O SAIDLIN ;A DISTANCE OF -125-25 FEET'ZTEtI dECSS,.TO`T1i J Hl�!>STCC?Fi E FSAARLOTBC ,,. DISTANCES, SOLITHVV, I QNE-U ARTER- ' F SAILS SECTION 23 AND AL NGTHE T LINE OF STFIb LOTS-THE?OLLOWIN TEEM t q RSES AND 3. SOUTH 49'37`18PASTA DISTANCE OF 88.22 FEET; tJ(1-4y Lr SOIUTH PWN 37°32 48 s. `ST -A QQIS�5TA ANCE-OF 45.Z0 ,35 FEET:- . SOUTFH)9°44'29" EAST A DISTANCE OF 47,18 FEET` 6, SOUTH 06°0518.". SOUTH 11°0639 WEEST A DISTANCEANcE E OF225.58 ET; 7.SOUTH 25°49'48 WEST A DISTANCE QF 189;7: FEET• „SOUTH 16°3518 WEST A DISTANCE OF 249.84 FEET 9: SOIfrH 314348" WESTA DISTANCE;0 238:82 FEET 10. . SOUTH 23'1:117° WEST -Ilk DISTANCE OF 212;98 FEET 12. 12. SOUTH 02°1845 5T A DISTANCE OF 867.65 FEET; 13. SOUTH 07°59 58 EAST A PISTANCE 0F687.65 PEsT; 12 SOUTH 0°53'55' 532T A DISTANCE O 240.;03 FEET; SOUTH 40'27'06". EAST A DISTANCE OF THENC14. SOUTH 03°1914 EESTA D{STANOEOE 10288 FEET MORE OR LESS, TOA POINT ON THE EAST LINE OF THE ABOVE DESCRIBED ANNEXATION NO. 1; THEN E NORTH 22°0; 54 W ST ALONG SAID LINE A DISTANCE OE 94860 FEET; E SOUTH 11,'42'03" WEST, CONTINUING ALONG SAID LINE,,A DISTANCE OF 1050.15 FEET TO THE POINT OF BEGINNING: CONTAINING 65,995 ACRES (248766 SQUARE FEET) OF LAND, MORE OR LESS, THE•PERIMETER-OF THE ABOVE DESCRIBED PARCEL BEING 11564,28 FEET. DESCRIPTION ANNEXATION NO. 3 • . A PARCEL LOCATED IN THE SOUTHEAST ONE'QUARTER OF SECTION 22, THE SOUTHWEST ONE•QUARTER OF SECTION 22, THE NORTHWEST ONE•QUARTER OF SECTION 26 AND THE NORTHEAST ONE -QUARTER OF SECTION 27, TOWNSHIP 02 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO DESCRIBED AS FOLLOWS! COMMENCING AGAIN AT THE SOUTHWEST CORNER OF SAlp SEq�TION 23 BEING A326 INCH ALIJMINUM.CAP MARKED -P18 37921, NORTH 89° " Q , !14° AST ALO OF THE SOUTHWEST ONE UARTER OF SAP 23, A.DISTANG6 OF 86028 rEET, MORE OR.'i ESS'TO"THESOUTHERNMOSTSDLTTH!N T CORNEN:OFLOT B, RECORDED EXEMPTLQN NO 1305 23.3 RE1S79 ADCORDING 1'O THE MAP.OR FLAT THEREOF FILED FOR RECORD IN THE OFFICE OF THE WELD COUNTY OLEFIKANO RECORDER AT RECEPTION N0.2540139 AND THE POI . OF EG NNIN5; LINE OFTHENESOUTH 01 25'988 EAST ALONG THE EAST LINE OF'THE ABOVE DESCRIBED ANNEXATION NO. 1, A DISTANCE OF 30,00 FEET, MORE OR LESS, TONE SOUTH RIGHT OF WAY W COUNTY ROAD NO.18 THENCE SOUTH 89"E814'VVEST ALONG SAID RIGHT OF WAY LINE, 00,00 FEET SOUTH OF AND PARALLE WITH THE:SOUTH LINE OF THE.SOUTHIEST ONE-gUARTE OF SECTION 23,'A DISTANCE OF 680.55 FEET TO A POINT AT THE INTERSECTION OF SAID LINE AND.A LINE 3XL0,00 FEETWEST op AND -PARALLEL -WITH THE WEST. LINE 0NE-0DARTER OE EAST, ALONG $ D LINE ANDN 0©04H EET, MORE OR LESS, TO mp NORTHERNMOST SOUTHWEST R SAID E OF THE THENCE NORTH 89"2133" EAST, CoNTINUI.NG ALO(VG SAID LINE, A DISTANCE OF 90.00 FEET, MORE OR LESS TO THE TO THE EAST RIGHT OF WAY. LINROF WELD COUNTY ROAD ND. 57 CORNER OF SAID LOT.B THENCE SOUTH 00'53'457 EAST ALONG SAID RIGHT OF WAY LINE, 35,00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST ONE QUART R 23, A DISTANCE OF 1018.78 FEET MORE OR LESS TO THE NORTH RIGHT OFF1 AY LINE OFWELD COUNTY ROAD NO 18; THENCE NORTH E5'2814' EAST ALONG SAID.-LUNE 3000 FEET NORTId' AND PARAL.LEI. WTTTH IE$OijTH ONE OF -THE SOUTHWEST ONE -QUARTER E' OF SAID SECTION DISK NCE O_ FSSI0 00 fEE1" MOB OR LESS TO A ESTLINE OF SAID LOTS AND A WEST LINE OF THE ABOVE DESCRIBED -ANNEXATION NO.2; CONTAINING 1 82 ACRES 88257 SQUARE FEET OF LAND, DMORE OR LESS. up THT E TO THE R OF THE ABOVE DESCRIBED PARCEL BEIN G 3508.37 FEET. The Tirbcne February 16, 23, March 2, 9, 2015 Hello