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HomeMy WebLinkAbout20182326.tiffREFERRAL REQUEST The Town of Kersey has received the following item for review: The Town of Kersey is referring this application to you for review and comments. Please reply by July 27, 2018 so that we may give full consideration to your comments. Any response not received before or on this date may be deemed to be a positive response. Type of Application BACKGROUND INFORMATION Annexation, Zoning Concept Plan for Cecil's Kersey Farm Annexation Location: North east corner of HWY 34 and WCR 51 Applicant/Landowner: Cecil's Kersey Farm LLC Size of Property: Approximately 133 acres Existing Land Use: Agriculture and Oil & Gas production facilities Proposed Land Use: Continued Agriculture & Oil and Gas and future Commercial development Existing Zoning: Weld County Agriculture Proposed Zoning: Town of Kersey Highway Commercial Legal Description: A portion of Lot D RECX-14-0088, located in the SW 1/4 of Section 17, Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado If you have any questions regarding this application, please call the Planner Barb Brunk at 303.775.6180 or email her at bbrunk@kersevgov.com. Please note that only a portion of the submitted documents may have been enclosed. If you desire to review the entire file please call the Town Clerk Julie Piper at 970.353.1681. Please check the appropriate response below or send a letter. We have reviewed the proposal and have no conflicts. See attached letter for comments regarding this proposal. Please note the following concern: RECEIVED JUL 16 2018 WELD COUNTY COMMISSIONERS Signature Date: Printed Name/Agency Please email your comments to: JPiperc ci.kersey.co.us, or mail your comments to: Town of Kersey, P.O. Box 657, Kersey, CO 80644 Attn: Julie Piper or fax them to: 970.353.2197.1 Publ;c tV.e,w 07/x5(18' cc en f n / rp), sac RS), cm Cmw/ mrn / TP), PC.'JC£P/CH/ ER),c - p col /(cfI . 2018-2326 ,__t )f ersey s +e NOTICE OF PUBLIC HEARING NOTICE is hereby given of a public hearing to be held before the Planning Commission of the Town of Kersey at the Kersey Town Hall located at 332 3rd Street, Kersey, Colorado on August 7, 2018 at 7:00 p.m. NOTICE is further given of a public hearing to be held before the Board of Trustees of the Town of Kersey at the Kersey Town Hall located at 332 3rd Street, Kersey, Colorado on August 14, 2018 at 7:00 pm. The purpose of the hearing is to consider Annexation, Zoning and Concept Plan for the Cecil Farms Annexation. The property is locate in the Southwest Quarter of Section 17, Township 5 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado. The full application materials are available for inspection at the Kersey Town Hall during normal business hours. TOWN OF KERSEY, COLORADO Q` ICE CFPUBLIC RING NOTICE io reby gliven„of a. ubic fi g to be held before the Planning. Conirrtission,of the Town Qf Kersey at the Kelsey Town Hall located,,at 332 3rd.Street Kersey; Condo on Augus 2018 et 7:00 p.m_ Nonctfurther given.;Or a public liea Board of Trustees of the Town of Kei'sg' located at32 3rd Street, Kersey; fail, at 7:00 PP, "K.:, The purpose of the hearing ie to consider; for and Concept Pan 'the Cecil'Farms•Ant eid before Me Kersey Town Hal Mist f4, 2018 on, 'Zoning The property is locate Inthe-SO Southwest x Section, .'17, Township 5 Nor h Range 64 i stof the, P l 1. C lunty'of' Weld, State of Colorado,The full applicationmaterials are availa- ble for inspection at the=Kerseyy Town Hall during o Mar busi- ness hours«, TOWN` OF KERSEY;.COLORAfl The Tribune July 1'3, 21,„27, August 3, 2018 Jtifie Piper, Town Clerk Cecil's Kersey Farm Annexation Annexation Impact Report June 26, 2018 i. A map or maps of the Town and adjacent territory showing the following information: a) The present and proposed boundaries of the Town in the vicinity of the proposed annexation. b) The present streets, major trunk water lines, sewer interceptors and outfalls, other utility lines and ditches and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation. c) The existing and proposed land use pattern in the areas to be annexed. Please see the attached maps depicting the information as outlined above. ii. A copy of any draft or final pre -annexation agreement, if available. A copy of the Annexation Agreement is attached. iii. A statement of the Town's plans for extending or providing for municipal services within the area to be annexed. This annexation includes approximately 133 acres of existing Agricultural land and existing oil and gas production facilities. The annexation does not include the right-of-way for WCR 51. Weld County will continue to maintain the existing. At the time the property is developed, the Town will provide water and sanitation service to the property per the attached master water and sanitation master plans. Until the property is developed, the only Town of Kersey municipal service to be extended to the annexed area will include Police protection. The Town has evaluated existing Police resources and does not anticipate the need for additional resources to serve the area to be annexed at this time. iv. A statement of the Town's plans for the financing of municipal services to be extended into the area to be annexed. The Town's policy requires new development to pay for improvements required to serve the property. The Town has developed master plans for extension of municipal services to the area. If improvements to the Town's system are required to serve the property at the time of development, the developer will be responsible for financing and construction of the improvements, with provisions for reimbursement as other users tap in to the improvements. Future financing of required public improvements may include formation of a metropolitan or other special district. v. A statement identifying all existing districts within the area to be annexed. List of Districts: Aims Junior College Central Colorado Water (CCW) Central Colorado Water Subdistrict (CCS) Central Weld County Water (CWC) High Plains Library District Northern Colorado Water (NCW) Platte Valley Fire District School District RE -7 Kersey Weld County West Greeley Conservation vi. A statement of the effect of the annexation upon the school district governing the area to be annexed, including the estimated number of students generated and the capital construction required to educate such students. This annexation consists of existing agriculture and oil and gas production facilities. Future land use will include a mix of light industrial and commercial uses. There are no plans to develop residential units at this time. We do not anticipate that annexation of the property will have an impact on the School District. CECIL ANNEXATION TO THE TOWN OF KERSEY LOCATED IN PART OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPLE MERIDIAN, COUNTY OF WELD, STATE OF COLORADO (SHEET 2 OF 2) _ x InVICINITY NAP IHRIG M. DECI MILD 11,1 IC HIGHWAY OK 5 I DIS 10 N / IIN.xuIllli.EMl�6�— LOT D RECX-I4-0088 EMII, WELD GOON, ZONE SOU III I IN „ II lW 'Vint fER 01 US 1.101.1WAY IlCUUN I NEC NO 21,100, LEGEND = SECTION CORNER AS DESCRIBED WA, UNITS STATEMENT l disionces ore measured In feel aand decimal reel units. = SECTION LINE LINE = EASEMENT = PROPOSED ANNEXATION BOUNDARY = EXISTING CONTIGUOUS BOUNDARY = EXCLUDED PARCEL FROM ANNEXABON 0'00,0a ,0000,Pum0 IN EASEMENT y� RLL Nu,2113.4 GRAN I 42,1NDW, COR I, LOT ❑ REC( Id-0Yb TOT, OUTER BOUNDARY: LOT A REC\ IC -DER TOTAL OLIYR BOUNDARY. 'Rl TAL 01 1. BOUNDARY: N1JARX CONTIGUOUSNNTII RRIM1l TO I IfS AIININAUNI CONTIGUOUS BOUND NR, 11+1 UIC 16 12' 2.12344 Pr 2.4x152 ,92 CECIL ANNEXATION TO THE TOWN OF KERSEY LOCATED IN PART OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPLE MERIDIAN, COUNTY OF WELD, STATE OF COLORADO (SHEET 1 OF 2) CERTIFICATE OF 000125717 Know all men by gm. presents Thal I Vernon 0,211 being t . owner(s). Mod9ogea, or Lelnhalder of certain Ionds In Nunn, Colorado. described Hs follows. 3-17-3 RECNt 6 os o. 2005 al the v,. County xmption 21 Weld, Slate 60 Colorado located 6In pod recorded In. SouthwestQuaon rter0uarter (SW 4086846 dated elf Sec11on 5th 1], ofaTownsh10 February, .110,1 Rolle o64cWest of leWeld 610 CountyClerk Me Idlnn;. Recorder. more pamcumrly described as follows: Commencing al IS. So4114est Corner of said Section 17, and cneldermg Ind Wesl ells of Ih4 South Han (5. t/2) of Ilia Southwest Quails. (Sw. 1/4) of .tad Section I2 as bear,n9 NORTH ” WEST Thence B ence NORTH 00'25'A8' 'th oll other Moos pSou. WEST along Ina Wrist une of tebeing he SouHall(S. 1/2) 01 rho Southweel 424,1., (SW. 1/4) of sold Section 17. 89'24'24" EAST 30.00 feel Me Northerly 0 -1)l- y Ind of U.S. Highway 34 and the Easterly Right-of-Woy Line of Weld County Road No. 61, so being the 100,1 BEGINNING, of Thence NORTH P 00,25106"w County Rood N 260.00 feet mended Record Exemption N 0963-117-3 AAIRRiE9354] dos recorded at Reception No 3263914 dated the 6TH of May. 005 In the office of on Waldo County Clerk and Recorder, Counly Weld, Stole of Colorado: Thence Southerly Line of sord LUI A of Amended Record Exemption No. AMRE-3547, 416.59 feel to Me Southeast Corner of sold La A of Amended OR E1354]�h Thence N 0.11v5.0r WEST along the Easterly L Amended E-354], 342.19 feel; Thence SOUTH 85'59'28" WEST along IM1 or Amended NRecordEExemptionNN -354], 66.6D feel: Thence WEST along Ihe Northerlyno of sold Lot A of Amendedor mption No. AMRE-3547, 332.44 feet: 'hon. SOUTH 56.23.32l. WEST along the Northerly Line of said lot A of Amended Record Exemption No. MARE -3547, 65.76 feet, to a point on the Easterly Right -0 - y lino 0 Wald County Rood No. 51. Rood Na. 51, ]91.53 Met A of sold Recorded Exemption No. RECXI4-0088; Thence NORTH ' o EAST Southerly Line of sold Lot A al Recorded Exemption No. REC%14-0066. 424.96 feel to the Southeast corner al said Lot A of Recorded Exampil6 nN . RECXI4 0066, Thence NORTH 1)5'01'50' EAST along the Easterly Line of said Lot A, B. WC of Recorded Exemption No. REC%14-01)86, 031.59 feel to the Northeast comer al Lol C of said Recorded Exemption Na RECXI4-0088; Thence SOUTH 69'35'02" WEST along Ina Northerly LI. el said Lol C of Recorded Exemption No. RECXI4-0088, 553.90 feel to a point on the Easterly Right -of -Way Line of Weld County Road N 1 Then. NORTH 00'24'585WEST le vine Said Northerly Line 0 Lot C Recorded Exemption No. RECX1a-0088 ond Mang Ma Easterly RIDhl-of-Way Una of Weld County Rood 263.]5 feel of Recorded Exemption No 0963-17-3 RE -3546 as recorded a Reception No. 30]9455 doted the 2ND of July. 2003 In tho office ol Weld County Clerk and Recorder. County ol Weld, Stole al Colorado, Thence NORTH 66.27.48.r. EAST along the Southerly Line 0 aced LOI A of Recorded E.rnpllon No. RE -3546, 581.0] foul is that Southeast comer of erne Lot A of Recorded Thence NORTH 46, 2 of ortheo.l corner sate Lot A of Roca,ded Exempts nNRE -3546. s pn o o st OuanExemption er(Sw 11/4) o sald Section l7; Thence NORTH 69'27'48" EAST along In Southwest Quarter (SW. 1/4) of sold Section II, 0012.76 feel to the Northeast Corner 0I maid Lot D of Recorded Exemption No. RECXI4-0086. so of the Center Quarter Corner AlId Section I] Id paint oleo o f1) thence hwoy 00'22'15" EAST ozone the Easterly Line of the Southwest Quarter (SW 1/4) of said Section 17, 2524.64 feel r1) a pool on the Northerly Right -of -Way Line GI ay Se; Iv R1ty Rood No. 5 of the Northerly R B -1)i-Way Line of U.S. Highway 34e one the Easterly Right -of nLJneO of wed County Rood No. 51, seta paler also being tine TRUE fact the BEGINNINGS FX,PTINC THERE FROM. LOT A al Recorded RE -I357 as recorded 0 Reception No 2262493 Ted the 9TH pt August. 1991 in the ollicc of Ind Weld County hi, one Recorder, [ WelExemption5 I Cora ado; a ding more Commencing of the st Bonder c 17� to considering dtn Hall (S. 1/2) 4I the Southwest 0u1rter (SW. ul/4) of sold Section WEST do herein Tnence NORTH 00'25'00'xOWEST o doe of the South Hal ...nod Io1/2) of the Southwest Quarter (SW. 1/4) of sold Section 17, 1323.57 feel, I1) Me South Sixteenth Corner on the Waal Line ol POid Suction Thence NORTH 00.24.56" WEST along the West Una ul the North Holt (N. I/O) of the Southwest 0uorle, (SW 1/4) of sole Section I. 1323.69 lest to the West (Quarter of c Quarter (SW. 1/4) Al Se Center 0uo,ler Corner of said Section ], Thence SOUTH 38'05'45" WEST eiong the EastUnahee5ou10wesl Southwest (SW. I/4) of p 12, 742.461 feet oia la poIng WEST 30.00 f ring eE Southwest 02or1 r (SW. 1/4) 21 Section 12 to the Northeast Comer 0 121 A of sold Recorded Exemption RE -1310. s0 being THE TRUE Of BEGINNING: tile Thence SOUTH 00 2'15" EAST of . Me Westerly Li. of sold Lol A of Recorded Exemption RE -1352 425.70 feel, la the Southeast Corner of said Lot A of Recorded Exemption RE -1357; Thence SOUTH 89'3] WEST along the Southerly Una of sold Lot A of Recorded Exemption RE -1357, 586.03 feel, to the Southwest Corner of .14 Lot A of Recorded Exemption RE -1357; d0 Thence NORTH 36'05'45" EAST along Ihe North Westerly Unao r RE -1357, 14 Thence NORTH 57'26'45" EAST 030 0 the North Westerly Line of lot A of Recorded Exemption RE -1357, 584.60 feel, to the TRUE POINT OF BEGINNING. Sal r less, antl 1$ ub)ec to y g -al- y r other 4asemnis granted or reserved y nstrumeas of record or Los now existing r1) .alp descrlped parcel of lam. Executed thls day of , 2018. Owner Owner State of Colorado) County f Weld ) Ss The foo9o;ng 1.rl,Ncae of ownere1tp and maintenance 484 40200,1ed940 0elore me by __, acting ;n his capacity 0s ________ of lad dot of 2018. -------- My commission explre SURVEYOR NOTES: i)) A os gooks, pages, coplton numbers o public documents on file al Ind Clerk and Recorders 0111. of Weld Co v y, late of Colorado unless slated otherwise. 2) NOTICE:boxed upon ony def .1 In .14 survey within three years Mn years m alter you firel de such defect. In Ihe dolo collonoa n hereon (13 160 -105 oC.R.S.)S A 4 1471or any defect i4 lDuke, O his survey be commenced 5 L. Oucommun will nfrom o liable for m and then only to the tan, Acceptance the use of nil Instrument for any purpose constitutes ogreernanI by In. 41140 to all terms slated hereon. 3) BASIS OF BEARINGS: The Bearing Al Ned 00'25'06" West between the southwest Corner of Se01n 17 (monumenled with a Pipe 4110 a 3-1/2" aluminum cap stompod OS. 17506 In o Monument Box) and the South 1/16 Corner of Secllan 1] (monumenled 4110 a Y6 Rebar with c 3-1/4" aluminum cap, stamped L.S. 4392) Is assumed. C'Osuaetl 101, clef - y inch dad e1) aM1awn ereon y of be cavepn e, died bemetl o B rot Inlprmat on, a tl ore to be SURVEYOR'S STATEMENT I. Scot. L. Oucommun, o reshown homon is a correct eeliniation of the obove described parcel ( U that 0 least l.Iered professional I1) Slate of C o hereby certify (1/6) to f poriphorol boundary of sold parcel Is contiguous to the present boundary of the TOWN OF KERSEY, 1000.91 feet contiguous, pertmelor 166].461 further co y al We p nd legal description we amour. under y pa sonal supervision on this y I 20,8. Scott L. Oucommun, L.S. 37041 For and on beholf of Alice Taylor Ooka. LLC 1)o No. 2016-063 CERTIFICATE OF APPROVAL SY THE BOARD OF TRUSTEE, vallon m on; A approvae a ono wlln the Zonlnp Ocelgnollon by OrdlOanca Na. cr OZ Town C'RS8 and U LOT D 17 a US HWY 34 VICINITY MAP = 500' u8 s CECIL ANNEXATION TO THE TOWN OF KERSEY LOCATED IN PART OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPLE MERIDIAN, COUNTY OF WELD, STATE OF COLORADO (SHEE1 2 OF 2) L yIUYN le VICINITY MAP F i1 LOT A LOT C LOT B LOT A E 111,1 y� t LOTA 1 -No A PAR / I 20.0 30 22, lc I le et 2142, I.OT D RECX-14 0088 ZONE ED i PIN 11,),V L. I tWN I �uI IIlId, L. III,TUt 41,11,H,,,,SIC UB 1tlMVAY DA I EGCND - .. = SECTION CORNER AS DESCRIBER _ — _ = SECTION LINE PROPERTY LINE -- - = EASEMENT I WEAL UNITS STATEMENT = PROPOSED ANNEXATION BOUNDARY measured = S BOUNDARY All feel 'meal decimal are .. EXCLUDED C PARCEL FROM ANNEXATION ‘IL 341,1 IN OM I IU Y ICI I AI OE Mk 1 1. 1.10! 1,1 1 - J 1 1 11NG l 1 V1Y I I I E11.R( 1 1 Rl 12346 -11, 1 733 1i 1 11111,11,3111' 111,11111. 313131111 3•1313.12111,1 IONN I!BFS 3461!• VIIAIA11,11:UAllcol 11111 a9 AR5 [HE I REQUIRED. 0.351 31' • VICINITY NAP I 2000 Future Access, exact location to be determined at the time of Development NOTES 1. Future Development will comply with all applicable Town of Kersey requirements at the time the property is developed. 2. Existing agriculture and oil and gas production will continue on the property. 3. All activity on the property will comply with all applicable Local, State and Federal regulations. 4. Access to the site will be limited to WCR 51 unless access to H WY 34 is specifically granted by the Colorado Department of Transportation. 5. Specific details of the future Commercial Mixed Use development on the property will be provided and reviewed through the Town of Kersey review process at the time the property is developed. 6. Specific information regarding buffering and screening between existing homes and future commercial development will be provided at the time the property is developed. 6. The base map for this concept plan was provided by Alles Taylor Duke, LLC LAND USE Existing: Oil and Gas Production Facilities 7.6 Acres Existing Agriculture 125.8 Acres Total 133.4 Acres Future Oil ad Gas Production Facilities 7.6 Acres Commercial Mixed Use 125.8 Acres Total 133.4 Acres Applicant: Cecil's Kersey Farm, LLC Existing Zoning Weld County Agriculture Proposed Zoning Town of Kersey Highway Commercial CECIL FARMS ANNEXATION CONCEPT PLAN • LyP A iT 1 yLla`�. o •r �xc �1 dv� .e.aaae, 51r4u' 1f j IF . 'r' Qs t"\ I ' `1 / I`•e .,.,., i ',, ing Oil i `.` LIn Na. ` i & Gas Production -- —� LOT A i '-I ,/ v', I DIk • �.... Aaill'LaaaaaaAMS ‘T :Ili is ,s • IxLnrl,l wnY Ld9' A ill „ . 1 .I k _ • LE CENU I BOX L I JW 74ff L>. — NIE =6 BEHAi u: ALUM c,nIT, €n AIRS h3 I,R I of YI_I 1,1 S.s.aIN LOT ,EAd1y ncc.'r.ns'II. Future Commercial. MIxed. Use DeveloprErtent LOT REC` Hl4-0088 WELD J N LONE. SIX I win,, IIWI SI ANT x US tHIGHWAY ]A ltIOU', It All "N- / N I vl \ 111-.Dwy '1 T t.,4 u k', • • Oi -�= SECTION CORNER As DESCRIBED INEAr nNtlro SiATEMEei All In feel pond ...nil feel unlls. = SECTION LINE PROPERTY INE = EASEMENT POSED ANNEXATION BOUNDARY C CONTIGUOUS BOUNDARY = EXCLUDED PARCEL fROM ANNEXATION . Date Prepared July 12, 2018 • 0w Z 'TT' I7 Y m a LA woo zz z3> 0� J ~ W U w Y I -- Sheet 1 of 1 KERSEY, COLORADO Future Land Use - Large Scale j Kersey Influence Area (1 Kersey Core Business District Kersey Regional Business Center (i Kersey Municipal Boundary 0 CR 62 Kersey Regional Business Center 0.5 1 2 Miles Kersey Core Business District Kersey Influence Area Single Family Residential Multi -Family Residential Downtown Mixed Use Highway Area Mixed Use MI Commercial • Schools MI Government / Public Cemetery Parks and Open Space AIM Mobile Home Park Light Industrial I Undetermined Use Parcels 7, RG AND ASSOCIATES, LL{ 481i5 Ward Wad,nrtc WU.Mizat1rdq.CC•dUC!.3 tG i-2YLb 107• :0oturn• YMP• cv CONE ARY ZONE:I,.;--.. PROPOSED 8" -- GRAVITY MAIN. ±1,275 LIF. SECONDARY ZONE PROPOSED 8" GRAVITY MAINII ±1,175 L.F.!, SECONDARY ZONE PROPOSED 8 t' GRAVITY MAIN ±1,250 L.F. p. SECONDARY ZONE LIFT STATION NUMBER 3 SECONDARY ZONE PROPOSED 6" FORCE MAIN ±10 L.F. SECONDARY ZONE PROPOSED 8" GRAVITY MAIN ±1,350. LF. APPROXIMATE WCR 49 ALIGNMENT SECONDARY ZON[I::" PROPOSED 8"' GRAVITY MAIN1 'SECONDARY ZONE r PROPOSES 8" 'GRAVITY MAIN ±1,240 L.F. SECONDARY ZONE PROPOSED 8" GRAVITY MAIN ±1,650 L.F. SECONDARY ZONE PROPOSED 21" GRAVITY MAIN' ±185 LF 361bIl Olga it • •was i¢ssl PRIMARY ZONE 2f {I PROPOSED 15"1-1 GRAVITY MAIN; ±2,710 L.F.! SECONDARY ZONE PROPOSED 21"( GRAVITY MAiNI ±865 L.F. SECONDARY ZONEI PROPOSED 12" GRAVITY MAIN , ±550 L.F. SECONDARY ZONE PROPOSED 8" GRAVITY MAIN ±2,580 L.F. SECONDARY ZONE LIFT STATION NUMBER 2 SECONDARY ZONE PROPOSED 21" GRAVITY MAIN ±2,510 L.F. PRIMARY ZONE 2 PROPOSED 21" GRAVITY MAIN ±855 L.F. SECONDARY ZONE PROPOSED 10" FORCE MAIN ±10 L."r_ __ SECONDARY ZONE LIFT STATION NUMBER 1 SECONDARY ZONE PROPOSED 10" GRAVITY MAIN ±1,090 L.F. .. SECONDARYZONE PROPOSED 8" GRAVITY MAIN ±1,240 L.F. SECONDARY ZONE 1' PROPOSED 27" GRAVITY MAIN I ±2,600 L F U.S. 34 •��Ba�F�®•a®i®•1 sm�•ea•••pa6•••M SECONDARY ZONE PROPOSED 8" GRAVITY MAIN ±1,240 L.F. SECONDARY ZONE PROPOSED 8" GRAVITY MAIN ±1,245 L.F. SECONDARY ZONE PROPOSED 8" GRAVITY MAIN ±885 L.F. SECONDARY ZONE,! ,PROPOSED 8" I GRAVITY MAIN '.. ±1,350 ECONDARY ZONE PROPOSED 8"i GRAVITY MAIN, ±1,350 L.F. SECONDARY ZONE; PROPOSED 27" GRAVITY MAIN ±2,670 L.F. SECONDARY ZONE PROPOSED 8" GRAVITY MAIN ±1,350 L.F. ' - F SECONDARY ZONE j ® ® nun mg. TOM OF KERSEY `18OUNONOY �:o= •. a RANtt MAIN SEWER LiNE' "ice i n FORCE MAIN SEWER SECONDARY ZONE PROPOSED 8" GRAVITY MAIN ±885 L.F. 04 SECONDARY ZONE; PROPOSED 27" k't GRAVITY MAIN ±2,645 L.F. g,4,rg SECONDARY ZONE PROPOSED 27" GRAVITY MAIN ±2,690 L.F. SECONDARY ZONE PROPOSED 30" GRAVITY MAIN ±2,365 L.F. KERSEY WASTE WATER TREATMENT PLANT SECONDARY ZONE 1,994,000 GPO. SECONDARY ZONE WASTE WATER TREATMENT PLANT LIFT STATION 0200.0050 JUNE 2015 KERSEY COLORADO, Transportation Map Legend: MENU EXISTING MAJOR ARTERIAL Nown..® EXISTING MINOR ARTERIAL a•■■■o■.m PROPOSED MINOR ARTERIAL EXISTING COLLECTOR PROPOSED COLLECTOR FEMA Flood Classifications 100 -Year Flood Area • j- 0 0.25 0.5 1 ilea RG mu ASSOCIATES, LLC 9905 Ward 9wd, Suite 100 • Wheat 9idgq 00.90033. 303-293.8197,303.2934106 984wW�v.rgefgineen.wm LTIMATE ZONE, N. PROPOSED 8" GRAVITY MAIN ₹1,275 L.F. ULTIMATE ZONE PROPOSED 8" GRAVITY MAIN ₹1,175 LF ULTIMATE ZONE PROPOSED 8" GRAVITY MAIN ₹1,250 L.F. ULTIMATE ZONE LIFT STATION NUMBER 3 ULTIMATE ZONE PROPOSED 8" FORCE MAIN ₹10 L.F. APPROXIMATE WCR 49 ALIGNMENT ULTIMATE ZONE PROPOSED 8' GRAVITY MAIN 1,340 L.F. FUTURE SEWER MAIN ..,�- FUTURE U STATION ULTIMATE ZONE PROPOSED 8" GRAVITY MAIN ₹1,240 L.F. ULTIMATE ZONE PROPOSED 8" GRAVITY MAIN ₹1,650 L.F. ULTIMATE ZONE LIFT STATION NUMBER 2 ULTIMATE ZONE PROPOSED 15 GRAVITY MAIN h'�I �I o ₹185 LF ass `sapaagqkeai s�aaBRIBB aes��eessina�ss s d3 WI p$ ',ULTIMATE ZONE II 1 PROPOSED 15 T ,iGRAVITY MAIN ₹2,710 LTIMATE ZONE PROPOSED 12" GRAVITY MAIN ₹1,350 LF. FUTURE LIFT STAHON FUTURE SEWER MAIN !ULTIMATE ZONE PROPOSED 21" GRAVITY MAIN ₹865 L.F. UTLIMATE ZONE PROPOSED 12" GRAVITY MAIN ₹550 L.F. ULTIMATE ZONE PROPOSED 8". GRAVITY MAIN ₹2,580 L.F. ULTIMATE ZONE PROPOSED 6" FORCE MAIN ₹1,340 L.F. ULTIMATE ZONE PROPOSED 10" GRAVITY MAIN ±590 L.F. 'ULTIMATE ZONE I PROPOSED 12" ,GRAVITY MAIN ₹1,645 L.F. ULTIMATE ZONE PROPOSED 27" 'GRAVITY MAIN :2,510 L.F. FUTURE SEWER MAIN U TORE LIFT TATION FUTURE SEWER MAIN FUTURE Ur T STATION ULTIMATE ZONE PROPOSED 18 GRAVITY MAIN ₹1,655 L.F. ULTIMATE ZOI'E PROPOSED 27' GRAVITY MAIN i "r.„600 L F '^ U.S. 34 11➢ assessss.®sikesemessos semasseass Slikiser so' 81;41412MA Ea FUTURE SEWER MAIN FUTURE I,IFT ' STATOR :IULTIMA1E ZONE 'PROPOSED 12" GRAVITY MAIN ±^ .080 L.F. ULTIMATE ZONE 35C�' ULTIMATE ZONE PROPOSED 27" ` _ 'PROPOSED 10" GRAVITY MAIN I GRAVITY MAIN :L855 L.F,±2 700 LF. ,ULTIMATE ZONE FOR15 FORGE MAIN ₹10 L.F. ULTIMATE ZONE LIFT STATION (NUMBER 1 ULTIMATE ZONEI PROPOSED 10"! SI GRAVITY MAIN ₹1,845 L.F.. ULTIMATE ZONE, e 'ULTIMATE ZONE PROPOSED 10" PROPOSED 8" GRAVITY MAIN GRAVITY MAIN ±1,090 L.F.J ₹1,520. L.F. -... ULTIMATE ZONE PROPOSED 15" GRAVITY MAIN 01,745 1.. F. ULTIMATE ZONE PROPOSED 27" GRAVITY MAIN ₹2,670 L.F. ULTIMATE ZONE k% PROPOSED 8" GRAVITY MAIN ₹2,675 L.F.I: ULTIMATE ZONE PROPOSED 8" GRAVITY MAIN ±1,445 LF. WCR 58 FUTURE SEWER MAIN FUTURE LIFT: STATION SECONDARY ZONE PROPOSED 15" GRAVITY MAIN 11.2,090 L.F. FUTURE SEWER MAIN FUTURE SEWER MAIN FUTURE LIFT STATION SECONDARY ZONE'" PROPOSED 15" ,.- GRAVITY MAIN ₹1,975 LF. ULTIMATE ZONE PROPOSED 15" GRAVITY MAIN ₹605 L.F. TOWN OF KERSEY BOUNDARY ffi.r ULTIMATE ZONE PROPOSED 30" GRAVITY MAIN ₹2,365 L.F. FUTURE SEWER MAIN FUTURE SEWER MAI FUTURE LIFT STATION ULTIMATE ZONE PROPOSED 12" GRAVITY MAIN ₹1,090 L.F. ULTIMATE ZONEy. WASTE WATER TREATMENT PLANT p".. LIFT STATION x KERSEY WASTE WATER TREATMENT PLANT ULTIMATE ZONE S` = 6,948,000 GPO JAW AMA oe 020011050 aic JUNE 2015 NOT TO a"U Ceel lblrt N® by 6M,hbg n6 , 6 ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into this day of , 2014 by and between The Town of Kersey, Colorado, a municipal corporation, hereinafter referred to as the "Town" and , a Colorado corporation, hereinafter referred to as the "Annexor". RECITALS A. Annexor is the owner of the property described in Exhibit "A" attached hereto and has filed a petition to annex the property set forth in such Exhibit "A". B. The Town by and through its Board of Trustees has considered such annexation petition and has adopted a Resolution finding substantial compliance with Section 31-12-107 of the Municipal Annexation Act and in contemplation of such potential annexation the parties enter into this agreement and each agrees to abide by the terms and conditions set forth herein. AGREEMENT NOW THEREFORE, in consideration of the mutual promises and covenants contained herein and the annexation of the property, the parties agree as follows: 1. Annexation. The Town agrees that it will annex the property only in accordance with the terms and conditions of this agreement and only if the evidence sustained at the required public hearings supports such annexation and if the requirements of the Colorado Municipal Annexation Act of 1965 are met. In the event the annexation occurs and is not challenged in the appropriate legal forum, the parties agree to be bound by this agreement. Any time prior to the time of the adoption of an ordinance annexing the property, the Annexor may withdraw the petition for annexation. In the event annexation does not occur, then this agreement shall be void as to the property described herein. 2. Purpose. The purpose of this agreement is to set forth the terms and conditions of annexation and initial development of the property. Unless otherwise expressly provided to the contrary herein, all conditions herein are in addition to any and all requirements of the Town Zoning Ordinance, Subdivision Regulations, Fee Schedules, as amended, and any and all state statutes, and other ordinances of the Town. 3. Vested Rights. The fact that the property has been annexed by the Town shall not create detrimental reliance that will estop the Town from modifying development regulations or changing fees after execution of this agreement. No vested rights shall accrue to the Annexor by virtue of this annexation. Vested rights shall be acquired only by compliance with C.R.S. 24-68-101 and approval by the Town of a site specific development plan for the property. 4. Land Use. The property shall be developed in accordance with the ordinances and Comprehensive Plan of the Town and a Master Development Plan approved by the Town. 1 5. Easements and Rights of Way. All necessary easements and rights of way associated with any phase of development shall be obtained and dedicated to the Town by the Annexor and at the Annexor's expense, including, but not limited to, the easements, permits or licenses for the items described in this paragraph, prior to the commencement of any phase of the development. a. Roads. Specific internal roads, trails or sidewalks shall be approved at the time of preliminary PUD or subdivision approval, and such infrastructure improvements shall be constructed according to Town standards. Any interior streets may initially be private. If any private street is to become public it shall only become public if it is constructed to Town standards in effect at the time the street becomes public. b. Permits. Annexor agrees and acknowledges that it will obtain all necessary access and landscaping permits needed for development of the property and which must be obtained from the Colorado Department of Transportation on or before final PUD or subdivision plat approval. Annexor will comply with all terms and conditions of such permits at Annexor's sole cost. 6. Sewer. 7. Water Service 8. Other Improvements. Annexor shall develop the property only according to one or more plats approved by the Town and shall install and provide at Annexor's expense the following infrastructure: a. Curbs, gutters, sidewalks and streets (including striping). b. A drainage study shall be conducted and a storm drainage system shall be built in compliance with the storm drainage study approved by the Town's engineer. c. A water distribution system which will distribute water from the master meter referred to in paragraph 7 above to the various lots and structures within the subdivision. d. A wastewater collection system which will collect wastewater within the subdivision, and upon meeting the conditions set forth in paragraph 6 above, will deliver the wastewater to a sewer main installed at the Annexor's expense connecting the property to the Town's municipal wastewater treatment system. e. Street signs and a building address number system as may be agreed upon between the Town and the Annexor including traffic control devices. f. Landscaping and fencing of public right of way areas as required by the Subdivision plat or Development Plan. g. Street lights pursuant to the street light standards approved by the Town and as may be required by the Subdivision plat or Development Plan. h. All electrical, telephone and cable television service and any other utility shall be installed underground. i. One copy of the soils report shall be provided to each initial owner. 9. Designs and Studies Required. Prior to any development, including filling or excavation being commenced upon each separate phase of the development, the Annexor shall submit detailed plans, both preliminary and final designs, based upon reasonable projections and based upon the information and the standards and regulations then in effect in the Town. In the case of filling or regarding of subsequent phases, the approved grading and drainage plans will be considered sufficient detail. 10. Design Standards and Specifications. All construction and installation of public improvements to be performed by the Annexor shall be done and accomplished in accordance with the ordinances of the Town and the design standards specifications rules and regulations in effect at the time of design approval. Improvements upon private property shall be in accordance with the building code in effect at the time of application for private building permits. The Town may refuse to issue certificates of occupancy and building permits for any improvements to be placed in the property, unless construction of the public improvements or the phase of the development commenced is proceeding in good faith and in accordance with the projected timing for that development and unless all terms of this agreement have been otherwise faithfully complied with by the Annexor or assigns. 11. Quality of Construction. The Annexor shall, during any period of construction, be responsible for using proper dust and erosion control and shall be responsible for maintaining the streets in such a manner that they may be traveled upon until dedication. Any damage to streets or public facilities shall be promptly repaired in a manner acceptable to the Town. Annexor and its contractors shall prevent the build- up of debris and refuse materials and shall prevent such materials from being scattered in or out of the subdivision and shall keep paved streets in and adjacent to the subdivision free of mud and dirt. Annexor shall promptly cut any weeds in the subdivision and shall not use any chemical hazardous to the future residents of the annexed area, or which may remain in the soil for more than one growing season. Undeveloped areas within the property shall be maintained in accordance with commonly accepted agricultural practices. 12. Water Dedication. a. Non -Tributary and Not Non -Tributary Water. For and in consideration of the provision of water service, the Annexor 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. Annexor or his assigns shall provide such raw water as is required by the Town to supply in-house commercial, industrial, or residential service at the time building permits are issued. 3 c. Irrigation. Annexor may be required to transfer to the Town or an owner's association or other public or quasi -public entity sufficient raw water for irrigation of any public or quasi -public area as may be set forth in any Subdivision Plat or Development Plan. 13. Annexor's Damages. The parties agree that in the event of breach of this agreement by either party, damages would be extremely difficult to calculate and in the event such breach occurs as a result of the Town's inability to zone the property as set forth in this agreement or to otherwise comply with the terms of this agreement, the Annexor's sole remedy shall be to disconnect the property from the Town. The parties are encouraged to seek mediation or arbitration if any disagreements cannot be resolved. 14. Development Impact Fees. Annexor acknowledges that it is the Town's policy to require "growth to pay its own way" and Annexor agrees to pay all development impact fees as are 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. Annexor 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, including, but not limited to, planning fees, inspection costs, engineering fees, attorney's fees, publication costs, together with all other costs specifically applicable to annexation and development of the property described in Exhibits "A" and "B". The reimbursement contemplated by this paragraph will terminate after the engineer's final inspection of the completed improvements and acceptance by the Town of the improvements. Fees contemplated by this paragraph are in addition to and not a substitute for the normal filing fees set forth in the Town Fee Schedule. Nothing in this agreement shall prevent the Town from requiring the payment of fees or impact fees at the time of final plat approval if such funds are necessary for construction of infrastructure, either by the Town or another entity, prior to issuance of building permits. The Town reserves the right to withhold building permits, certificates of occupancy and services and reserves the right to file liens on the property if the fees contemplated by this agreement are not timely paid or required improvements not timely made. 15. Cooperation. This agreement is the product of the cooperative effort of the Town and the Annexor and shall not be construed or interpreted against either party solely on the basis that that party drafted the agreement. In the event the Annexor requires approvals from several levels of government before this property is developed, the parties therefore agree that they shall cooperate in securing such approvals as may be necessary. 16. Acceptance. If upon completion any improvements are dedicated to the Town, such improvements shall be warranted for a period of two (2) years from such dedication. If improvements are to be transferred to a property owners' association, the Annexor shall warrant that the improvements will be free from defects for a period of two (2) years from the date of completion of the improvement. 17. Improvements Guarantee. At the time of development the then owner of the property shall provide an improvements guarantee in the form of a cash deposit, irrevocable letter of credit or other method of guarantee acceptable to the Town and as set forth in the Subdivision Regulations in an amount of at least 120% of the estimated cost of the public improvements. The bond may be released in total upon completion of the project or in increments based upon the dollar value of the improvements installed in the subdivision or for each phase of the subdivision. 18. Project Phasing. Phasing of the project may be allowed in accordance with a phasing plan approved by the Town. 4 20. Miscellaneous Provisions. a. Captions. The captions for sections used in this agreement are for convenience of reference only and shall not be considered a material part of this agreement, nor shall they be used as an aid in interpreting the agreement. b. Term. All rights and obligations set forth in this agreement shall continue in perpetuity and shall not be considered completed at the time of annexation or at the time of complete development of the subdivision. c. Remedies. If a petition of initiative or referendum is filed, at any time, which seeks to amend or alter this agreement and/or the terms of the ordinance annexing the property, the owner shall immediately be entitled to disconnect the property in the manner described in this agreement and the Town shall not object to such disconnection, but such disconnection shall be at the cost of the owner. d. Benefit. The rights and obligations created by this agreement shall inure to the benefit of the Annexor, their successors and assigns unless stated otherwise herein. The parties expressly agree that a "successor" includes, but is not limited to, any person or party who acquires a portion of property from Annexor in fee simple. Such successor's or assign's obligation shall extend not only to the lot or parcel acquired by that successor, but shall extend to the entire requirements of this agreement. e. Indemnification. Annexor 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's 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 and development of the property, or which are in any manner connected with the Town's enforcement of this agreement. Annexor 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's fees for defense counsel of the Town's choice for, any such liability, claims, or demands. f. Severability. If any term, condition or provision of this agreement is held by a court of competent jurisdiction to be invalid and unenforceable, the remainder of this agreement shall continue in full force and effect as if the offending terms, condition or provision were never a part of this agreement; except that if in the sole judgment of the Annexor, the invalid and unenforceable terms, condition or provision is a material part of this agreement, Annexor may seek and obtain disconnection in the manner described in this agreement. g. Future Acts. Following execution of this agreement, Town and Annexor agree to perform any act, including the execution of appropriate documents, when requested by the other party, where such acts are reasonably required to fulfill the performing party's obligations, under this agreement. h. Notice. Any notice required or permitted, under this agreement will be deemed to be received when delivered personally in writing or five (5) days after notice has been deposited with the U.S. Postal Service, postage prepaid, certified, return receipt requested, and addressed as follows: 5 If to Town: Town of Kersey P.O. Box 657 Kersey, CO 80644 If to Annexor: Either party may change the address to which notice is to be sent by providing notice set forth in this section. i. No Merger. No part of this agreement shall be considered to have merged or to have been completed at the annexation if the portion of the agreement is contemplated to have survived the annexation. j. Binding Effect. This agreement shall be recorded with the Clerk and Recorder of the County of Weld, State of Colorado, and shall constitute a covenant running with the land. This agreement shall be binding upon future owners, assigns and personal representatives of the parties, including persons who may acquire subdivided parcels of the property herein described and upon all persons hereafter having an interest in the property. k. Integrated Agreement. This agreement supersedes any and all prior agreements between the parties, whether written or oral. Any modifications to this agreement shall be memorialized either in a writing executed by both parties or printed in the minutes of a regular or special meeting of the Board of Trustees of the Town. I. Annexation Challenge. The Town reserves the right not to defend any legal challenge to this annexation. In the event such a challenge occurs prior to the expiration of any statute of limitations, the Town may, at its discretion, choose to contest the challenge or to allow the challenge to proceed without defense. This section does not restrict the Annexor's ability to contest any challenge to the annexation. m. Mineral Interests. The Annexor understands that certain mineral interest owners have developed the oil and gas reserves located on the property and the developer will enter into an agreement with the oil and gas production company to facilitate the production of oil and gas or to make such changes, improvements or relocations to the oil and gas facilities as may be necessary. n. Choice of Law. In all litigation arising out of this agreement or the annexation proposed by this agreement shall have its venue in the District Court of Weld County, Colorado. The parties have entered into this agreement on the date and year first above written. ANNEXOR: 6 PRESIDENT SECRETARY TOWN OF KERSEY: MAYOR ATTEST: TOWN CLERK ANNEXATION PETITION TO THE MAYOR AND BOARD OF TRUSTEES OF THE TOWN OF KERSEY, COLORADO: The undersigned, in accordance with Title 31, Article 12, Chapters 101 et.seq., Colorado Revised Statutes, hereby petition the Board of Trustees of the Town of Kersey for annexation into the Town of Kersey the territory described herein and described and shown on the map designated Cecil Farms Annexation ". Four (4) copies of said map are submitted herewith and by this reference are incorporated herein. The description of the territory hereby petitioned for annexation into the Town is set forth in Exhibit "A" attached hereto and incorporated herein by reference (Exhibit "A" must be an original printed property description on 8-1/2 x 11 white paper.) In support of this petition, the petitioner(s) allege(s) that: 1. It is desirable and necessary that the above -described territory be annexed to the Town of Kersey. 2. The requirements of Section 31-12-104 and 31-12-105 of the Colorado Revised Statutes exist or have been met in that: A. Not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Kersey. B. A community of interest exists between the territory proposed to be annexed and the Town of Kersey. C. The territory sought to be annexed is urban or will be urbanized in the near future. D. The territory sought to be annexed is integrated or is capable of being integrated with the Town of Kersey. 3. In establishing the boundaries of the territory proposed to be annexed, no land held in identical ownership, whether consisting of the tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has/have been divided into separate parts of parcels of real estate without the written consent of the land owner or land owners thereof, except and unless where such tracts or parcels are already separated by a dedicated street, road, or other public way. 4. In establishing the boundaries of the territory proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising twenty (20) acres or more which, together with the building and improvements situated thereon have an assessed valuation in excess of $200,000 for ad valorem tax purposes for the year next preceding the filing of the written petition for annexation, has/have been included within the territory proposed to be annexed without the written consent of the land owner or land owners. 5. The territory proposed to be annexed does not include any area which is the same or substantially the same area in which an election for an annexation to the Town of Kersey was held within the twelve months preceding the filing of this petition. 6. The territory proposed to be annexed does not include any area included in another annexation proceeding involving a town other than the Town of Kersey. 7. The territory proposed to be annexed is not presently a part of any incorporated town, city or city and county or if the property is part of another town or city or city and county, it will be disconnected from such municipality prior to consideration of the annexation. 8. The property owned by each petitioner (when there is more than one petitioner) is described on each separate exhibit fully describing the property. 9. If a portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the area proposed to be annexed. 10. The proposed annexation would not have the affect of extending a municipal boundary more than three (3) miles in any direction from any point of any such municipal boundary in any one year. 11. The undersigned is the owner(s) of one hundred percent (100%) of the territory included in the area proposed to be annexed exclusive of streets and alleys. Accompanying this petition are the original and four copies of an annexation plat map containing the following information: A. A written legal description of the boundaries of the area proposed to be annexed. B. A map showing the boundary of the area proposed to be annexed. C. Within the annexation boundary map, an identification of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks. Also within the boundary map, identification of any special districts the area proposed to be annexed may be part of. D. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. E. A surveyor's certificate prepared by a registered land surveyor that attests to the preparation of the map and certifies at least one -sixth (1/6) contiguity to the Town of Kersey. F. Acceptance block describing the acceptance action of the Town of Kersey and providing for the effective date and Town Clerk and Mayor attest signatures. THEREFORE, the undersigned respectfully petition the Board of Trustees of the Town of Kersey to annex the territory described and referred to in Exhibit "A" to the Town of Kersey in accordance with and pursuant to the statutes of the State of Colorado. Land Owner(s) Name(s) and Signature(sl Mailing Address 1639 35th Ave. CT. �c t � 5 eers i car," LL C. Date Greeley, Co 80634 The fore oing signature(s) was/were subscribed.} and sworn to before me this Z5 day of , 20 (Iv b `t l : { 1 ! 1 t ( Lam. J' .._.. ; L Witness my hand an My commission expir c otticial sealJuiie Piper as- Notary Public State of tuloiedo Notary ID 20074016428 My Commission Expires April 24, 2019 Notary Puplic CECIL ANNEXATION TO THE TOWN OF KERSEY LOCATED IN PART OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPLE MERIDIAN, COUNTY OF WELD, STATE OF COLORADO (SHEET 1 OF 2) CERTIFICATE HE OWNERSHIP Know, all men by these presents that 1 Vernon Cecll be0g the owner(s). Mortgagee, or Le1nholde1 of cer101n 0,04 In Nunn. Colorado, described as IORows. tl Exemption No. 0963-17-3 REC14 4-4068 as 2510 of February. 20 01. o ,cord, recorded o hwest Ion No. (sw 1/ doled the OS in Ine reek, West Ine Weld County pClark al ,tl Recorder. County at Walla State of Colorado located In pore of the Southwest Ouorler (SW 1/4) of Section t7, Township 5 North, Range fi4 Wesl al Ilse file pHnclpo Merlalon; being more p Ic ul y described ac lollows: Commencing ol the Southwest Comer of said Section I7, and cone...mg the West Line of In, South Hat (S. I/2) of the Southwest Quarter (SW. I/B) of said 5.0:Ion I7 NORTH 00015'06" WEST with Thence NORTH 00'25'08" WEST Io eeSouth Rolf (S. 1/2) Alwet Quarter (sW I/O) o 120.00 feet; Thence NORTH 89.24.24. EAST 30.00 to s Intersection of the Northerly Right,ol-Way Southwest of U.S. N 9 ay 34 one Me 5Easterly Right -of -Way Line 01 Weld County Road No. 51, eola PDnt2 al he TRUE ,POINT nor BEGINNING; Thence NORTH o0 uing a1 sold East Right -of -Way Lino Amended Record Exemeption N 0953-17-3 nAMRE-3567 as recorded al Reception No 320 914 doled County 6TH H of May. 2005 in the office of the Wald County Clerk and Recorder, ounty al ld, Stole of Colorad0; The.° NORTH 59.24.21. FAST olong the y Line of said Lot A of Amended Record Exemption No. AMRE-3547, 416.59 reef to the Southeast Corner of sold Loi A al AmendedE ThenceNORTH o0 along In oen r EN- 3 Thence 50 9'28" WEST along the rtherly LIne of sold Lot Aof Amended Record Exemption No. - 7,66.80 feel; Thence SOUTH 0" WEST rang Northerly Una of s. Lot A of Amended RecordE-3547, 332.44 feet; Thence SOUTH 55a 0 e Northerly ed rte al said Lot A of AmendRecord Exemption No. AMRE-3547, 65.75 fox, o point on Inu Ens y al Id County R Thence 00'25'00" W . 0 e Eos sly Right -at -Way Line al Ws. Co NORTHRoad 791.53 feel o point goo Recorded Exemption No. - y Thence oN H 59'16'01" EAST al Southerly BLiine Line soldL LotAA cols Recorded Exemption No. RELY14„058B x 484.96 feet to the Southeast corner of sold Lot A 01 Recorded . REC%14--0098, Thence NORTH 05001'50" EAST olong Me Easterly Line of sold Lot A, B, WC of Recorded Exemption Na. RECMIS-0088. 831.59 feat to the Northeast corner of Lot C of sold Recorded Exemption No. RECY14-0058; thence SOUTH 89.35.02" WEST along the Northerly Lino of said Lot C of Recorded Exemption No. RECx14-0008, 553.90 loot to a point on the Easterly Right -of -Way Line of Weld County Road No. 51: Thence 24'50" W said Northerly Line of Lo of Recorded Exemption N 4-0080 and along 1h of -Way U of Yield Courtly Rood 1. ;8375 feel o point leaving QOM,. Exemption No. 0963 p17-3 RE 3546 ids recorded of Reception Right-of-Way 3079455 doled the .0 of July. 2003 in Wela County Clerk and Recorder. County of Welci, t Colorado: Thence NORTH 89027,46"e EAST along a Southerly Line of sold Lot A of Recorded al No. RE -3546, 581.07 lent to Um saulhoost corner of said Tot A of Rocoraed Exemption No. -3546: Thence NORTH EAST a Recorded Exemplton N Northeast corner al said Lot A of Recorded Exemption N. '3546. sold point Bo being Easterly In. Quarter (SW. 1/4) Al Section l7; NORTH 04'27'43" EAST (tong Me Northerly Una North the Southwest Quarter (SW. I/4) o1 sold 5ecllon said 2012.75 feel lo the Norlheosl Golfe, of mold Lot 0 01 Recorded RECTOS -008B, sold letr Quarter Corner of said Section I7; SOUTH 00.22.15T EAST along the Easterly Line of Me Southwest Ouarler (SW 1/() of sold Section I7, 2524.54 feet to a point on 14. Northerly Right -Al -Way Line Al Highway ee TOUTN 892424 WEST of - u.5. 1510oy 34. 145TR leer Io of Ine Norl 1y Right -al -Way floe of u.5. Hlohwoy 34 one the fovlerly RIO -of-Way cane of Weltl County t800tl No. 51, vela palm also e R e TRUE P01N11pE BEGINNING (10EPTING THERE FR091 Recorded Exemption N 963-17-3 R lux Me 9TH of 491 in Ine office of the W. Count Clark and Recorder, County, of Wald, Slate of Colorado. o described a g y Commencing at Southwest Ouuder Corner ad sold Sect. 17, and consIdering the West Llne of the South Half (S. I/2) of the SOulhwe3T Ouorle, (SW. I/O) of sold Section 17 as bearing EST d ollThence NORTH 000NORTH 25'04"NEST ulon9 Bhe WWes1 Lencontained herein a al IMee South Hall (S.I/2) of the Soulhwesl I 404,1er (SW�I/A) of sold Section 17, 1123.57 feet, tothe South Slaleenlh Corner on Mo West Lino ol said on 17; Thence NORTH 00,4 ,0 WEST along fl the West One At Ine North Noll (N. I/O) 4t the Southwest 0uorler (SW 1/4) of saki Section I7, 1023.64 foot to the West Quarter Al said Section 17, Thence NORTH 86•27'44. WEST along Ina w s1 Quarter (SW I/4) o Tor Cuorler Comer Al sold Sacl:on I7, Thence SOUTH 35'05'45 WEST along Ine East nLine e o f fbeeSouthwest Quarter (SW. I/4) of f Section l 706.451 feel feel la point;on Thence SOUTH 49'27,44" WEST 30.00 tee East Line of the Southwest 0uorfer (SW. 1/4) of Section 17 to IS. Northeast Corner of Lot A of soli Retarded Exemption FtE-1310, sold so being THE TRUE POINT OF BEGINNING; Thence SOUTH 00'22'15" EAST along he Westerly Line of sold Lot A of Recorded Exemption RE -1357 425.70 feet, to the Southeast Corner of sold Lot A of Recorded Exemption RE -1357: Thence SOUTH 89'37'40" WEST along Me Southerly Line of sold Lot A of Recorded Exemption RE -1357. 586.03 feel, to Ice Sauthwest Corner of sold Lot A of Recorded Exemption RE -1357: Thence NORTH 38.05'45" EAST' along Me NOM Westerly Line A of Recorded Exemption RE -1357, 145.40 lee, Thence NORTH 57'28'45" EAST clang IM1e North Westerly Line of Lot A al Recorded Exemption RE -1357, 584.60 Mel, to Me TRUE POINT OF BEGINNING. eSill, parr, amd descrlS4. parcel 01 Iona, r lee.. and le subject to o y rIghts-ol-woy or other eoutmanty os granted or re.erv,4 by Instruments of record or as now Executed this day of . 2018. Owner Owner 310e of Colorado) ) S5 Coun11 01 551 ) Tie forego., certificate this of aw aY of maIntenancis w2as 01a acknowledgedbaton m by acting in ms copocily os • W Mess My Honci and NI Seal .. .Hon eo es NE lory Public SURVEYOR NOTES: ICounty.)an e asences to Iola o1 Colorado s, maps and reception, tion umbers aro public documents on Ills at my Clerk ontl Recorders 1]11114 of W 2) NOTICE: A ordinng fo Colorado to basaltar you lirsl ed any defect in Mis survey be commenced more Mon ten years from 1M1 n (13-00-105 C.R. S.). Alias or 0 Duke, L and/or Scott L. Ilun will Ibe liable for m ncMelfic specifically shown stoked OLIOI,.ra on. Ac op once and/Or uue of Ihts Instrument for y purpose cons11101es agro9mo iLby a 04,01 10 a0 Irmo 4) OASIS OF BEARINGS: TO. ring 01 North 00'05'08" Wo41 ba eun t c M m ¢ Corner 41 Section I7 (monuenled w Pipe with0 3-I/2" a c 1.5. 17508 Ina Monument s404)andlne South 1/16 Corner of Section 17 (monument. with 4 46 Reber wll5 a 01/4'. aluminum cap, stamped LS. 4392) assumed. da A re9udeel o rtgnls-col-Iw be n rc osd by ua used only In this 'context. Y filch y e ohown hereon y o co polo, area bane n general olnlarmnlmn, ontl ore o 00 SIISVP,OR'S 5701200NI I, 0 D •eye hereby c L rIs a correct egistered professional land s... p tale o tarot o h a the Mop on tong one Moot erm boundary shown roe nee parcel is contigutous 4la the f Me opneent boundary aef rho TOWN of KERSEY.t d1000.91n feet, contiguous, perimeter p° meter the 01667.48 feat her corttly that MIv map and legal description wero prepared under my pc sonde supervIelon on Mle ____ tloy at 2014 Scott L. for 0. znl eon in of we, Taylor a Duke, LTC Job No. CERTIFICATE or 4O0AL Br THE BOARD OF F LECILFRn +exallon ° IIh the Zontnp Oa raln°n1a No po4aetl and cod p ed of Inu 9 r mmatino o Inp toad of ituoeee of Ko y, ooratla, Fold on 0210 " CR58 and LOT D 17 US HWY 34 VICINITY MAP U CECIL ANNEXATION TO THE TOWN OF KERSEY LOCATED IN PART OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPLE MERIDIAN, COUNTY OF WELD, STATE OF COLORADO (SHEET 2 OF 2) VICINITY MAP I = 2000' Moll. I NI 113 3.111, II 112 , PLII 31, 33 LOT A later II ill! ,Ol III Ili, Zit, ,- ) LOT D RE('.X-I4-0088 IEXIISIING WELD Ct.. :DNE L. 'It II LOT A Ill, Int19,1 13,1 IV, Will silo i0I UNHMYN/AYJe LEGEND -4 = SECTION CORNER AS DESCRIBED UREA, UNITS S1AIEMENT All line rad In feel a and distances eel unllc. = ROW --- = SECTION LINE --- - PROPERTY [INE = PROPOSED ANNEXATION BOUNDARY ExISTING CONTIGUOUS BONNBARY = EXCLUDEDPARCEL EPOInANNE%ANON Ft. I Dili LS Al ,1 Pilaf It lOINLOL I III 15111IN 14.0A8 I(1 U 1 IlIlt B11I 'NJARY I II Ott, ER II l I NI AIL V 1$l RY LUn114000N 010111 6WV! lD011,1104310 UI\1 1101 TINT I l I N 11t)1'N'Il-1R( 311 1 R[QI111U-D 12 Sae JO 1 142 35. IJ.IU'J 61612 2.151 5- RESOLUTION NO. 2018-0024 A RESOLUTION FINDING THAT THE PETITION FOR ANNEXATION OF CERTAIN PROPERTY KNOWN AS THE "CECIL FARMS ANNEXATION" IS IN SUBSTANTIAL COMPLIANCE WITH THE REQUIREMENTS OF C.R.S. 31-12-107(1) AND ESTABLISHING A DATE FOR A PUBLIC HEARING BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF KERSEY, COLORADO TO CONSIDER THE PROPOSED ANNEXATION WHEREAS, the Board of Trustees received a petition for annexation of certain property herein described and known as the Cecil Fair _ is Annexation; and. WHEREAS, the Board of Trustees finds that the annexation petition and accompanying annexation map substantially comply with C.R.S. 31-12-107 and Section 30 of Article II of the Colorado Constitution. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF KERSEY, COLORADO: Section 1. The Board of Trustees finds that the annexation petition and accompanying annexation map are in substantial compliance with the requirements of C.R.S. 31-12-107 and Section 30, Article [I of the Colorado Constitution. Section 2. The property proposed to be annexed consists of approximately 133 acres of property located in the Southwest Quarter of Section 17, Township 5 North, Range 64 West of the 6Th P.M., County of Wed, State of Colorado. The property to be annexed is described in Exhibit "A" attached to this Resolution. Section 3. The Board of Trustees hereby accepts the petition for annexation of the property described as Cecil Fauns Annexation. Section 4. The Board of Trustees hereby determines that it will consider an Ordinance annexing the property into the Town of Kersey at a regular meeting of the Board of Trustees on the 14th day of August 2018 at 7:00 p.m. at the Kersey Town Hall located at 332 3rd Street, Kersey, Colorado. At such hearing the Board of Trustees will accept public comments and will determine whether the applicable requirements of C.R.S. 31-12-104 and 31-12-105 have been met, and determine whether the area should be annexed to the Town. PASSED, ADOPTED AND APPROVED this IL day of t. TOWN OF KE BY: ATTEST: TOW 1 CLERK SEAL . 2018. EXHIBIT A LEGAL DESCRIPTION FOR CECIL'S FARM ANNEXATION TO THE TOWN OF KERSEY, COUNTY OF WELD, STATE OF COLORADO. A portion of Lot D of Recorded Exemption No. 0963-17-3 RECX14-0088 as recorded at Reception No. 4085948 dated the 25th of February, 2005 in the office of the Weld County Clerk and Recorder, County of Weld, State of Colorado located in part of the Southwest Quarter (SW 1/4) of Section 17, Township 5 North, Range 64 West of the 6th Principal Meridian; being more particularly described as follows: Commencing at the Southwest Corner of said Section 17, and considering the West Line of the South Half (S. 1/2) of the Southwest Quarter (SW. 1/4) of said Section 17 as bearing NORTH 00°25'08" WEST with all other bearings contained herein and being relative thereto; Thence NORTH 00°25'08" WEST along the West Line of the South Half (S. 1/2) of the Southwest Quarter (SW. 1/4) of said Section 17, 120.00 feet; Thence NORTH 89°24'24" EAST 30.00 feet to the intersection of the Northerly Right -of -Way Line of U.S. Highway 34 and the Easterly Right -of -Way Line of Weld County Road No. 51, said Point also being the TRUE POINT OF BEGINNING; Thence NORTH 00°25'08" WEST continuing along said East Right -of -Way Line of Weld County Road No. 51, 260.00 feet to a point on the Southerly Line of Lot A of Amended Record Exemption No. 0963-17-3 AMRE-3547 as recorded at Reception No. 3283914 dated the 6TH of May, 2005 in the office of the Weld County Clerk and Recorder, County of Weld, State of Colorado; Thence NORTH 89°24'24" EAST along the Southerly Line of said Lot A of Amended Record Exemption No. AMRE-3547, 416.59 feet to the Southeast Corner of said Lot A of Amended Record Exemption No. AMRE-3547; Thence NORTH 00°15'01" WEST along the Easterly Line of said Lot A of Amended Record Exemption No. AMRE-3547, 342.19 feet; Thence SOUTH 85°59'28" WEST along the Northerly Line of said Lot A of Amended Record Exemption No. AMRE-3547, 66.80 feet; Thence SOUTH 62°42'10" WEST along the Northerly Line of said Lot A of Amended Record Exemption No. AMRE-3547, 332.44 feet; Thence SOUTH 55°23'32" WEST along the Northerly Line of said Lot A of Amended Record Exemption No. AMRE-3547, 65.76 feet, to a point on the Easterly Right -of -Way line of Weld County Road No. 51; Thence NORTH 00°25'08" WEST leaving said Northerly Line of Lot A of Amended Recorded Exemption AMRE-3547 and along the Easterly Right -of -Way Line of Weld County Road No. 51, 791.53 feet to a point on the Southerly Line of Lot A of said Recorded Exemption No. RECX14-0088; Thence NORTH 89°26'01" EAST along the Southerly Line of said Lot A of Recorded Exemption No. RECX14-0088, 474.96 feet to the Southeast corner of said Lot A of Recorded Exemption No. RECX14-0088; Thence NORTH 05°01'50" EAST along the Easterly Line of said Lot A, B, &C of Recorded Exemption No. RECX14-0088, 831.59 feet to the Northeast corner of Lot C of said Recorded Exemption No. RECX14-0088; Thence SOUTH 89°35'02" WEST along the Northerly Line of said Lot C of Recorded Exemption No. RECX14-0088, 553.90 feet to a point on the Easterly Right -of -Way Line of Weld County Road No. 51; Thence NORTH 00°24'58" WEST leaving said Northerly Line of Lot C of Recorded Exemption No. RECX14-0088 and along the Easterly Right -of -Way Line of Weld County Road No. 51, 283.75 feet to a point on the Southerly line of Lot A of Recorded Exemption No. 0963-17-3 RE - 3546 as recorded at Reception No. 3079455 dated the 2ND of July, 2003 in the office of the Weld County Clerk and Recorder, County of Weld, State of Colorado; Thence NORTH 89°27'48" EAST along the Southerly Line of said Lot A of Recorded Exemption No. RE -3546, 581.07 feet to the Southeast corner of said Lot A of Recorded Exemption No. RE -3546; Thence NORTH 06°10'06" EAST along the Easterly Line of said Lot A of Recorded Exemption No. 3546, 212.30 feet to the Northeast corner of said Lot A of Recorded Exemption No. RE - 3546, said point also being on the North Line of the Southwest Quarter (SW. 1/4) of said Section 17; Thence NORTH 89°27'48" EAST along the Northerly Line of the Southwest Quarter (SW. 1/4) of said Section 17, 2012.76 feet to the Northeast Corner of said Lot D of Recorded Exemption No. RECX14-0088, said point also being the Center Quarter Corner of said Section 17; Thence SOUTH 00°22'15" EAST along the Easterly Line of the Southwest Quarter (SW 1/4) of said Section 17, 2524.64 feet to a point on the Northerly Right -of -Way Line of U.S. Highway 34; Thence SOUTH 89°24'24" WEST along the Northerly Right -of -Way Line of U.S. Highway 34, 2616.12 feet to the intersection of the Northerly Right -of -Way Line of U.S. Highway 34 and the Easterly Right -of -Way Line of Weld County Road No. 51, said Point also being the TRUE POINT OF BEGINNING. EXCEPTING THERE FROM: Lot A of Recorded Exemption No. 0963-17-3 RE -1357 as recorded at Reception No. 2262493 dated the 9TH of August, 1991 in the office of the Weld County Clerk and Recorder, County of Weld, State of Colorado, and being more particularly described as follows; Commencing at the Southwest Quarter Corner of said Section 17, and considering the West Line of the South Half (S. 1/2) of the Southwest Quarter (SW. 1/4) of said Section 17 as bearing NORTH 00°25'08" WEST and all other bearings contained herein being and relative thereto; Thence NORTH 00°25'08" WEST along the West Line of the South Half (S. 1/2) of the Southwest Quarter (SW. 1/4) of said Section 17, 1323.57 feet, to the South Sixteenth Corner on the West Line of said Section 17; Thence NORTH 00°24'58" WEST along the West Line of the North Half (N. 1/2) of the Southwest Quarter (SW. 1/4) of said Section 17, 1323.69 feet to the West Quarter of said Section 17; Thence NORTH 89°27'48" WEST along the North Line of the Southwest Quarter (SW. 1/4) of Section 17, 2648.17 feet to the Center Quarter Corner of said Section 17; Thence SOUTH 38°05'45" WEST along the East Line of the Southwest Quarter (SW. 1/4) of Section 17, 706.46 feet to a point; Thence SOUTH 89°27'48" WEST 30.00 feet leaving East Line of the Southwest Quarter (SW. 1/4) of Section 17 to the Northeast Corner of Lot A of said Recorded Exemption RE -1310, said Point also being THE TRUE POINT OF BEGINNING: Thence SOUTH 00°22'15" EAST along the Westerly Line of said Lot A of Recorded Exemption RE -1357 425.70 feet, to the Southeast Corner of said. Lot A of Recorded Exemption RE -1357; Thence SOUTH 89°37'40" WEST along the Southerly Line of said Lot A of Recorded Exemption RE -1357, 586.03 feet, to the Southwest Corner of said Lot A of Recorded Exemption RE -1357; Thence NORTH 38°05'45" EAST along the North Westerly Line of Lot A of Recorded Exemption RE -1357, 146.40 feet; Thence NORTH 57°28'45" EAST along the North Westerly Line of Lot A of Recorded Exemption RE -1357, 584.60 feet, to the TRUE POINT OF BEGINNING. Said parcel contains 133.394 acres, more or less, and is subject to any rights -of -way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. Hello