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Home My WebLink About20173987.tiffRECEIVED NOV 2 0 2017 TOWN OF KEENESBURG CQM Lo MICOUNTY O N s FOUNDED JULY, 1906 A MUNICIPAL CORPORATION SINCE JULY, 1919 Clerk of the Weld County Bd. of County Comm'rs P.O. Box 758 Greeley, CO 80632 Aims Junior College P.O. Box 69 Greeley, CO 80632 Lost Creek Groundwater Management District c/o Tom Sauter 5005 East T -20t -h Avenue Bennett, CO 80102 Dear Sir or Madam: November 16, 2017 Bruce Barker, Esq. Weld County Attorney 915 10th Street Greeley, CO 80632 School District RE -3J P.O. Box 269 Keenesburg, CO 80643 Central Colorado Water Conservancy District 3209 W 28th Street Greeley, CO 80634 Southeast Weld Fire Protection District P.O. Box 1 Keenesburg, CO 80643 High Plains Library District 2650 W 29th Street Greeley, CO 80631 Southeast Weld Conservation District P.O. Box 381 Keenesburg, CO 80643 Enclosed please- find notification of a proposed annexation to the Town of Keenesburg, Colorado, to be known as the RK Annexation. The public hearing on the proposed annexation is scheduled for Monday, December 11, 2017 at 6:00 p.m., as described in the enclosed Resolution No. 2017-21. Also enclosed are copies of the Petition for Annexation as filed with the Town and the notice published in the Greeley Tribune on October 25 and November 1, 8 and 15, 2017. TOWN OF KEENESBURG, COLORADO Debbie Chumley, Town Clerk 140 SOUTH MAIN P.O. BOX 312 KEENESBURG, COLORADO 80643 PHONE 303-732-4281 FAX 303-732-0599 Public {eview 0-e-%SocRS), PLC rin WW1" P), e.uC i.P/ $R ), c ,cmWfMm), MoLps tt/SWI-7 2017-3987 TOWN OF KEENESBURG FOUNDED JULY, 1906 A MUNICIPAL CORPORATION SINCE JULY, 19:19 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 RK 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 9. 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 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 15,060 acres in total area. Prior to completion of the annexation of the area proposed to be annexed, a plan will be in place, pursuant to. Section 31-12-105(1)(e), C.R.S., which generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, and sanitation to be provided by the Town of Keenesburg; including the providers of transportation, light, natural gas, and power, and the proposed land uses for the area; such plan to be updated at least once annually. m. In establishing the boundary of the area proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the area annexed, and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Keenesburg but is not bounded on both sides by the Town of Keenesburg. 3. The owners of more than fifty percent (50%) of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. The signatures on this petition comprise one -hundred percent (100%) of the landowners of the territory to be annexed and said landowners attesting to the facts and agreeing to the conditions herein contained will negate the necessity of any annexation election. 4. Accompanying this petition are four copies of an annexation map as well as an electronic file that will contain the following information: a. A written legal description of the boundaries of the area proposed to be annexed, in the form of a title commitment issued within 30 days of the application date; b. A map showing the boundary of the area proposed to be annexed said map prepared by and containing the seal of a registered engineer; c. 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 Heavy 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: 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, Land Owner (s) Name fs) and Signature (s) Richard I. Robertson Heidi a Roberson Printed Name Signature Aaron L. Kalspr Printe rNarr` Signature Signature Lod J Kaiser Printed Name Printed Name Signature Printed Name Signature Printed Name Signature Mailing Address Date 8537 WCR 51 Keenesburg, CO 80643 8537 WCR 51 Keenesburg, CO 80643 39673 E, 160th Ave Keenesburq, CO 80643 39673 E. 160th Avenue Keenesburg, CO 80643 10 i' AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That (he or she) was the circulator of the foregoing Petition for Annexation of lands to the Town of Keenesburg, Colorado, consisting of 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 ti STATE OF COLORADO COUNTY OF RACifr) yo IrA and foregg cq Affidavit of Circulator was subscribed and sworn to before me this da ooQ / My commission expires on: USAWAGNER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 200,44043399 MY COMMISSION EXPIRES DECEMBER 4, 2020 (SEAL) )ss Witness my hand and official seal. M NotaryPublic *3C1>)-- / Dr Pt Address Etnb Cc� (t3 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY LOT B, RECORDED EXEMPTION NO. 1303 -19 -3 -RE -4346 RECORDED MARCH 28, 2006 AT RECEPTION NO. 3373994, BEING A PART OF THE SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORAD 11. . RESOLUTION NO. 2017-21 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF KEENESBURG, COLORADO, KNOWN AS THE RK 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 RK 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 I. The petition, the legal description for which is set forth in Exhibit A attached hereto and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under C.R.S, § 31-12-107(2). Section 3. No additional terms and conditions are to be imposed except any provided for in the petitions. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §§ 31-12-104 and 31-12-105, and will. hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Keenesburg Town Hall, 140 S. Main, Keenesburg, Colorado 80643, on Monday, December 11, 201.7 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 requeokatsted 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 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 &tate 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 16th day of October, 2017. Danny Kipp, Mayor ATTEST: VW& Toni Pearl, Town Clerk 10!12/2017 10:58 AM [kink) RJieenesborg,Aniiekaiion4RK':Subs' Comp Res.Jux 2 EXHIBIT A LEGAL DESCRIPTION LOT B. RECORDED EXEMPTION NO. 1303 -19 -3 -RE -4346, RECORDED MARCH 28, 20O6 AT RECEPTION NO. 3373994, BEING A PART OF THE SOUTHWEST '/4 OF SECTION J 9. TOWNSI-IIP 2 NORTH, RANGE 63 WEST OF THE 6TH P.M., COUNTY OF WELD, S'T'ATE OF COLORADO. 3 RESOLUTION NO. 2017-21 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF KEENESSURGANNEXA- TION TOTH TCOLORADO. TOWN OE HANDSEtE RK NGA PUBLIC HEARING TI-thREON. WHEREAS, a.petifiontor annexation of certain property to be knovttmasdhe RK Annexation has been flied 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 compli- ance :nth applicable law; and WHEREAS, the Board of Trustees wishes to permit simultane- ous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS. toe Board of Trustees has reviewed the petition and desires to adopt by this resolution its findings with regard to Em pnlifion. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEESOF THE TOWN OF KEENESBURG, COLORADO; -. twttc, . The petition, the legal description for welch is Set forth inExhibit A attached hereto and incorporated herein by ref- erence, is in. substantial compliance with the applicable laws of e State of Colorado. Section 2. No election is required under C.R.S, § 31 -1210712). No additional terms and conditions are to be ins- p sed except any provided for in the petitions. .o Ilion 4. The Board of Trustees will hold a public hearing for the purpose of determining it the proposed annexation complies With G.R.S. §§ 31-12-10,4 and 51-12-105, and will hold a public hearing to determine the appropriate zoning of the subject prop- erty, it requested in the petition, at the Keenesburg Town Hall, 146 S. Main; Keenesburg, Colorado 60643, on Monday, Decem- ber 11, 2017 at 6;00 PM. • Section 5. Any person may appear at such hearing•and pres- ant evidence relative to the proposed annexation, or the pro- posed zoning if requested in the petitions. Section 6, :Upon completion of the hearing, the Board of TrUst- aes 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 zon- ing of the subject property if requested in the petitions. On 7, it the Board of Trustees concludes by resotulion, II statutory requirements have been met and that the pro- posed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinan- ces annexing the subleot property.to the Town of Keenestaueg, and will pace one o€ more ordinances zoning the subject proper. ty if requested in the petitions. INTRODUCED, READ, and ADOPTED this 16th day of October Danny Kipp ATTEST: Toni Pearl, Town Clerk EXHIBIT A r':; LEGALDESCRIPTION LOT 5, RECORDED EXEMPTION NO, 1303 -19.3 -RE -4346, RE- CORDED MARCH 23, 2006 AT RECEPTION NO. 3373954, BE NO A PART OF THE SOUTHWEST t OF SECTION 19. TOWNSHIP 2 NORTH. RANGE 63 WEST OF THE 6TH P.M.. COUNTY OF WELD, STATE OF COLORADO. The Tribune October25, November 1, 3,15, 2017 TOWN OF KEENESBURG, COLORADO NOTICE OF PUBUIC HEARING Notice is hereby given that the Planning and Zoning Commission" of the Town of Keenesburg will hold a Public Hearing commenc- ing at 6:00 p,m., Thursday, December 7, 2417 at the Keenesburg Town Hall. 140 South Main, Keesesburg, Colorado 80643. The purpose of the Public Hearing is so consider a request for zoning of property proposed to be annexed to the Town and known as the RK Annexation, The zoning requested. is Heavy Industrie; District (Hi}, Further Notice Is hereby given that the Board of Trustees of the Town of Keenesburg will hold a Public Hearing commencing at 6.0x1 p.m., Monday, December 11, 2017 at the Keenesburg Town .Hall, 140 South Mein, K6erresburg, Colorado 80643. The purpose of the Public Hearing is to determine whether certain property for which e petition for annexation has been flied with the Town, to be known as the RK Annexation to the Town of Keenesburg, meets the applicable requirements of the statutes of State of Colorado and is eligible for annexation to the Town and to determine the zoning for the proposed annexation. The zoning requested is Heavy Industrial District Any person may appear at the Public Hearings and be heard re- garding the matters under consideration. The approximate loca- tion of the property is the north side of Highway 2 (WCR 395), east of Weld County Road 63 and south of Interstate 76. The le- gal description of the property that is the subject of the annexa- tion and zoning is set forth below sn Exhibit A to Resolution No. 2017-21. Copies of the annexation petition, zoning request, other related application materials, and the resolution finding that the arnmexaa-_- lion peahen is in substantial compliance with the applicable laws of the State of Colorado are on file and available for public in- spection in the office of the Town Clerk, 140 South'Marn, Keen- esbQrg,C0 85643, during regular business hours. 'the 17th day of October, 2017. TOWN OF KEENESBURG: COLORADO - Tors Pearl. Town Clerk Impact Report project Description RK Annexation to Town of Keenesburg RECEIVED NOV 2 2 2011 WELD COUNTY COMMISSIONERS The property owners, Richard I. Robertson, Heidi D. Robertson, Aaron L. Kaiser, and Lori J. Kaiser are proposing annexation to the Town of Keenesburg and zoning the 15.060 acre property heavy industrial. There is not any proposed land use of the property at this time. The property is located north and adjacent to CR 398 which has already been annexed to the Town through a prior annexation. Vicinity Map WELD COUNTY i •+� 5,5?5.5 5.595.5 Feet :GS_1984_Web_Mercator_Atrxiltar; _Sphere Weld County Colorado The; reap r; a user generated static output from an Internet mapping srte and c for reference only Data layers tha appear an di* map may or may not be accurate, current or otherwise reliable THIS MAD IS NOT TO BE USED FOR NAVIGATION -17,- Legend U Parcels Floodplain - Labels Floodplain - 500 Yee' Floodplain - 100 Yea Zone A Floodplain - 100 Yea Floodwa Floodplain - 100 Yea Zone AE Floodplain - 100 Year Zone At- foodplaln - 100 Yea Zone AC Highway Road Road ilynta County Boundary Notes Town Utility Services The property to be annexed doesn't have any proposed land use at this time and will not require the extension of Town of Keenesburg potable water or sanitary sewer services, and thus requires no corresponding financing. Water and sewer service may be extended at the developer's expense should the services be necessary. Existing County Road 398 is an improved road over which other municipal services requiring improved and public access, such as police and fire protection, can be provided at no extra cost to the city. Water Distribution Map Sanitary Sewer Map E� �m•N NZ:- Project Districts SOUTHEAST WELD FIRE PROTECTION DISTRICT AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY LOST CREEK GROUNDWATER (LCGW) SCHOOL DIST RE3J-KEENESBURG SOUTHEAST WELD CONSERVATION .Ey ra 13 WPM moms U•P ..14.131,3361.104231.75691t mow 6111171.11 NOP TELLS -TO School District Impact The school district is Weld County RE -33. There is no foreseen impact on the school district by the annexation and zoning of the property. Any potential impact of development of the property would be evaluated as part of a future development review. Attachments: 1. Keenesburg Future Land Use Plan 2. Applicant's narrative 3. Annexation petition & maps 4. Annexation agreement ENGINEERING CONSULTANTS, 127 4. Denver Avenue, R. Lupton CO 8062I IncF T r 2501 Mill St. Brush. CO 80723 i Ldt.- ?h. 303-413-7341, Fax 720-294-1330 frs-Trarne.lastnanteCieesternect eon, August 18, 2017 Town of Keenesburg 140 S. Main St Keenesburg, CO 80643 RE: RK ANNEXATION SUBMITTAL NARRATIVE Dear Town Staff, Please find the attached Annexation Narrative and supporting documents for the RK Annexation submittal. This letter is intended to serve as the Project narrative (Annexation Item #6). General Information and Brief Project Description: Applicant: Richard I. Robertson, Heidi D. Robertson, Aaron L. Kaiser, Lori J. Kaiser Richard Robertson authorized as the agent/representative 8537 WCR 51 Keenesburg, CO 80643 Site Plan Address: East of address 3O123 WCR 398, Keenesburg, CO 80643 West of address 30425 WCR 398, Keenesburg, CO 80643 Lot B RE -4346 (Rec # 3373994) Weld County Parcel # 130319300014 Phone Contact Richard Robertson @ 303-961-0031 Current Land Use: Vacant— Proposed Zone Industrial Change in Use: Eventually Description of new use: Applicant proposes to develop said parcel as an Industrial lot Detailed Description: The overall property is 15.060 acres. WCR 398 lies to the south. Farm ground lies to the north, and developed parcels to the west and east RKAnnexation Narrative Western Engineering Consultants inc !LC 6) Annexation Impact Questions a.) Soils Description b.) Known hazards c.) Preliminary Utility Plan d.) Affidavit concerning water e.) Statement on Community need 1.) Effect of annexation on Schools August 18, 2017 Page 2 of 5 See attached NRCS Soil data None known to exist. Buried electric exists within WCR 398 right of way Either well or extension of Town Water main will be required Either septic (OSWTS) or extension of Town Sewer force main It is unclear if gas exists in this area No water rights are known to exist No water rights are known to exist Industrial "pad ready" parcels are in demand Effect unclear — a developed pad could attract new employees and said employees could commute or move into community. Owners Richard I. Robertson, Heidi D. Robertson, Aaron L. Kaiser, Lori J. Kaiser Civil Engineer. Land Surveyor. 8537 WCR 51 Keenesburg, CO 80643 Western Engineering Consultants 127 South Denver Avenue Ft Lupton, Colorado 80643 303-913-7341 Chadwin Cox PE American West Land Surveyors 331 South 4th Avenue Brighton, Colorado 80601 303-659-1532 Curtis Hoos PLS RKAnnexation Narrative Western Engineering Consultants inc LLC Traffic Engineer. Geotechnical Engineer. Electrical Engineer. Drainage Engineer. Sustainable Traffic Solutions 823 West 124th Drive Westminster, Colorado 80234 303-589-6875 Joe Henderson PE PTOE Soilogic 4350 Highway 66 Longmont, Colorado 80504 970-535-6144 Wolf Von Carlowitz PE, Darrel DiCarlo PE To Be Determined Western Engineering 127 S. Denver Avenue Ft Lupton, Colorado 80643 303-913-7341 Chadwin Cox PE August 18, 2017 Page 3of5 Location of Site: Between 30123 and 30425 WCR 398, Keenesburg Colorado Weld County Parcel # 130319300014 Total Property Area: 15.06 Acres (656,013 sf) COMPREHENSIVE PLAN: The current Land Use Plan for this area shows the property as Industrial. The proposed use will be consistent with the Land Use Plan and current zoning. PROPSED ZONE: The proposed Zone is Industrial. DENSITY: The maximum density will be determined during Site design and review. DIVERSITY: The proposed industrial lot size do not currently exist in Town — the Applicant believes this project will bring further diversity to the Town of Keenesburg. RKAnnexation Nanative August 18, 2017 Western Engineering Consultants inc 11C Page 4 of 5 LAND USES: To the west lies an existing industrial use, to the North is agricultural farm ground, to the South is WCR 398, and to the east is a residence and out building. CONNECTIVITY: The property is directly connected to the Town and it's frequently traveled locations via WCR 398. OPEN SPACE: Not applicable. ROADWAY NETWORK: The Town has existing roadways to the east and west. TREATMENTS TO ROADWAYS None expected. PROPERTY INTERFACE WITH ROADWAYS: WCR 398 is the existing adjacent roadway. SETBACKS: The setbacks are 20 feet front and rear and 5 feet each side. FENCING: To be determined during site development. IRRIGATION SYSTEM No irrigation is expected. POTABLE WATER: Potable water does not exist at the property. The Town water system could be extended east or this property could be served by well. STORM WATER MANAGEMENT: To be determined during site development STORM SEWER: On site conveyance are expected to be via grass/gravel swales and concrete pans once the site is developed. RKAnnexation Narrative Western Engineering Consultants inc LLC August 18, 2017 Page 5 of 5 SANITARY SEWER: A new OSWTS (septic) system will be required or extension of the Town sanitary main (force). GAS AND ELECTRIC: Electric is already adjacent to the property. It is unclear if gas exist WILL SERVICE LETTERS: We have contacted South East Weld County Fire Rescue requesting service and a will serve letter. SURVEYS: The Site topography and boundary survey was provided by American West Land Surveyors in Brighton. SUBMITTAL & HOPEFUL PROJECT SCHEDULE: Date: Time! location: Event Notes: August 18, 2017 230 p.m. Submit Annexation documents November 15, 2017 Complete Annexation and Zoning approvals SPECIAL USE APPLICATION CHECKLIST: The following is a summary of the checklist items: 1. Annexation Petition 2. Completed Land Use Application 3. Application fees and fee deposits 4. Annexation Map 5. Completed Annexation Agreement 6. Supporting Annexation Impact information included included included included included included Please contact me with any questions or comments you may have on our proposal for this project! Sincerely, Western Engineering Consultants inc., LLC Chadwin F. Cox, P.E. Senior Project Manager End. Annexation submittal documents 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 RK 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 wkhin 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 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 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 15.060 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), G.R.S., which generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, and sanitation to be provided by the Town of Keenesburg; including the providers of transportation, light, natural gas, and power, and the proposed land uses for the area; such plan to be updated at least once annually. m, In establishing the boundary of the area proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the area annexed, and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Keenesburg but is not bounded on both sides by the Town of Keenesburg. 3. The owners of more than fifty percent (50%) of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. The signatures on this petition comprise one -hundred percent (100%) of the landowners of the territory to be annexed and said landowners attesting to the facts and agreeing to the conditions herein contained will negate the necessity of any annexation election. 4. Accompanying this petition are four copies of an annexation map as well as an electronic file that will contain the following information: a. A written legal description of the boundaries of the area proposed to be annexed, in the form of a title commitment issued within 30 days of the application date; b. A map showing the boundary of the area proposed to be annexed said map prepared by and containing the seal of a registered engineer; c. 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 (116) 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 Heavy 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: 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. Land Owner (s) Name (s) and Signature (s) Richard I. Robertson Printed-hfarne • Signature Heidi D. Roberson Printed Name Signature Aaron L. Kaiser Printed -Nam / Signature Lori J Kaiser Printed Name Sic}at,Gre Printed Name Signature Printed Name Signature Printed Name Signature Mailing Address Date 8537 WCR 51 Keenesburg; CO 80643 8537 WCR 51 Keenesburg, CO 80643 39673 E. 160th Ave Keenesburg, CO 80643 39673 E. 160th Avenue Keenesburg, CO 80643 t AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That (he or she) was the circulator of the foregoing Petition for Annexation of lands to the Town of Keenesburg, Colorado, consisting of 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 ((�� )ss COUNTY OF R 3 ) h a o and foregoi g Affidavit of Circulator was subscribed and sworn to before me this 3 day of t� t i2.>-' , 20) , My commission expires on: (SEAL) Witness my hand and official seal. tt)? Notary Public Address _ epnPsik�� ca6Y3 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY LOT B, RECORDED EXEMPTION NO. 1303 -19 -3 -RE -4346 RECORDED MARCH 28, 2006 AT RECEPTION NO, 3373994, BEING A PART OF THE SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORAD 11 ROBERTSON -KAISER ANNEXATION TO THE TQWN OF KEENESBURG wNP1gGc waver wow n NOUNS NO00T10'L 1780.00' MAIN Cr KYON00) Port of the Southwest 1/4 of Section 19, Township 2 North, Ronge 63 West of the 6th P,M., County of Weld, Stote of Colorado, Sheet 1 of 1 N5T23'let 209.24' LOT 8 RE -4346 (ROC. NO. 3373904) O w. 130110300011 1 R� lPi Jl 656.013 5.C.+1 15,060 4G.+/- LOT A RE -2864 (REC. NO. 2813104) 11. oc' AA Sg6 �,r, l`7a GOO' No. OD' 40 04 00. NOTES: 441: ( INAre0111 1 t yr a Ati NL�7roawlNWilarieuge 100 a& wMUMflIRO ITw!Iwtrei n v rin'Nii n nail �i of1)EE �n'i rN Ro rM�" rA e- ir.mi rz- u 16 r A) w WNNNi1E.,1�01gp0010�2 ;0001!0 0R IWUap. G4'pjarIt�ptlO�i° inlipo'�21"vlLpti�N'", NpIn�M` Ip O�A�TNU IOnas°wMNN1pI1 rAl�an BTWVOMNT AAINC6SOO'1 M R .000 IS KOM'ATTI "00°1. 0017° 54 LOT A RE -4346 t r b, O.I NCIO[III1 4b VICINITY MAP; 1" ® 1OOO' ANNEXATION DESCRIPTION: OWNER'S CERTIFICATE: J. j'; ll � MM o w1,w�0@ 012'6'1115.ON16la' STATE Or OO1ON000 coon or 150 TONw0NO ws1NuuONT W4) 1610100069 M000 NC r Bn RICNMO I. 008//000 400 NW O. 0090NSON MOSS w HMO MID 0MI010. NJI. Maw)131T129,13212-, w 00/41000 100061: - -_-� WON L NNIOA LCif"J.'R08 R O M1 V wwR.O0 COUNTY TWO 000000010 00510IJMUN WAS Ar0690MNG00 116011 N6 n ON MOON L NNNER NI0 400 J. ONUS WINDS NY WV WV ANCIN. SEAL. (SEWRIRATRAL1.--_ w COMNSwN EMPIRES: TOWN OF KEENESSURG ACCEPTANCE: INNS IS To 061100 NT RgWr10N-1013171 NINUWI00I TO TN ImWaN MMal�hnu I roN N N 01POF'"" SURVEYOR'S CERTIFICATE: 1pP{p4{a{T�� 1 W lIeT 10 403 T11rPCOQ111'R DO 152 a� 110000 oNC ANNEXATION TABLE NINTH. ONSIVI U MOM 1/0 000/14)007 MUMS: CONI0UW0 00110042: 330450 0011 50!.11 1W 1016.00 POET NOM SCALE 1'•100' 0 100 200 300 ROBERTSON -KAISER ANNEXATION TO THE TOWN OF KEENESBURG ROOnrMINYR N,I]CJI 1 TRUST BNWT W�E LOT 8 RE-4348 (REC. NO. 3373994) P NNO. 13031 14 N�q OI ,s WM�/ppNNµYIggIlA90 RO�ppTI£LRirsi ��Gyy19L�p�5NoppwNLNMY A N�L pNp[pry G1101 ROM. '3��O1R"►g1A IN�pRyRTON PIgNMp%�"1 zt. Imam '8: FR°FwY31.SOI1. Port of the Southwest 1/4 of Section 19, Township 2 North, Range 63 West of the 6th P.M., County of Weld, State of Colorado. Sheet 1 of 1 A VICINITY MAP: 1" m 1000' ANNEXATION DESCRIPTION: P�yp�[ �1�{ 9p p�}ry p t°I o A I A�73 (woo 25 ��IL5TW T2 RCp 4 /PTNCi OWNER'S CERTIFICATE' AN[pIBC v rNN9q rtk INIG STATE or COLORADO COUNTY or THE AORE00N0 051104[90 WAS ApCACHNEoo[O WORE MC 0445 DAY or BI': RCNMO I. ROBERTE0N NIO HOP O. RO9ERISON TORSI MY IMO MO MONA SEAL (say MY COAMSS10N OIPNER MOON L OUR HATE or COLORADO COUNTY or 04 THE FOREGOING wSwAIM07 woo ACNMONI00000 BEFORE MC THIS _— DAY or 20__ m, MR044 L woEN *to LORI A. NAILER 0744155 YY NANO AND OFFICIAL SEAL. (SW NOTARY PMBL10 NY COMMISSION {SPIRES; TOWN OF KEENESBURG ACCEPTANCE: TES IS TO CORNY TNT 50501T509.NARMR ANNE4ATON TO THE TOWN OF MLNCSRWRO WAS A0PROKO i 6nTMN°ri tint a ''c n�uNi°ds"2'o asm v E'6"ifroI NliFm ° A°FNNaiA — Wier SURVEYOR'S CERTIFICATE: T�Np 8b AT LA;llAPrERl1' I N TIg nor Of Re T19i' A COLORADO CM° ANNEXATION TABLE TOTAL PERw5IE0 MOM M 1/9 C0MOM0MS PERIMLRR: CONDOM= BOUNDARY: 3354.50 FEET 110.71 FEET 1079.06 FEET MANIC SCALE 1'.600' 0 000 200 300 TxiY M THEIS .�,L 9Ae4� Weal Nevi- u E .. ANNEXATION AGREEMENT (Standard Form) THIS AGREEMENT is made and entered into this _ day of . 2017. by and between Robertson Kaiser Annexation. hereinafter referred to as RK Annexation or "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: I. 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 in the Keenesburg Municipal Code, Comprehensive Plan, other development regulations adopted by the Town, and the Municipal Annexation Act of 1965, as amended. C.K.S. § 31-12-101 et semc. 3. Further Acts. Owner agrees to execute, promptly upon request of Keenesburg, any and all surveys and other documents necessary to effect the annexation of the property and the other provisions of this Agreement. Owner agrees to not sign any other petition for annexation of the Property or any petition for an annexation election relating to the Property, except upon request of Keenesburg. 4. Annexation Documents. Owner agrees to provide legal documents, surveys, engineering work, newspaper publication, maps, and reports determined by Keenesburg to be necessary to accomplish the annexation. Owner shall prepare the annexation impact report, which shall be distributed as required law at Owner's expense. 5. Action on Annexation Petition. Keenesburg shall act upon the annexation petition within six months of the date of filing thereof with the Town Clerk, unless Owner consents to later action. 6. Zoning and Development. The parties recognize that it is the intent and desire of Owner to develop the Property in a manner generally consistent with the zoning requested and that the granting of such zoning by the Town of Keenesburg is a condition to annexation of the Property. Owner shall take all action necessary to permit zoning by Keenesburg of the annexed Property within the time prescribed by state statutes. 7. Dedications. Owner agrees to dedicate by General Warranty Deed or appropriate instrument of conveyance acceptable to the Town, twelve percent of the territory to be annexed for public open space or pay an equivalent fee in lieu of dedication, in addition to easements and rights - of -way for streets and other public ways and for other public purposes, as required by Town ordinances and resolutions. Such dedications shall occur immediately upon request of the Town except that internal rights -of -way shall be dedicated at the time of subdivision platting, unless the Town specifies another time. 8. Public Improvements. Owner agrees to design, improve, and provide signage, lighting, and signalization for, all public streets and other public ways within or adjacent to the property in accordance with Town ordinances and resolutions and other applicable standards, subject to any reimbursement which may be provided for in such ordinances, resolutions, 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 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. '• 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 nrprovements 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 deter mined by the Town. 1 1 . 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 'mown ordinances and resolutions including, without limitation, ordinances and resolutions pertaining to annexation, subdivision, zoning, storm drainage, utilities, access to Town streets and flood control. 13. No Repeal of Laws. Nothing contained in this Agreement shall constitute or be interpreted as a repeal of the Town's ordinances or resolutions, or as a waiver of the Town's legislative, governmental, or police powers to promote and protect the health, safety, and welfare of the Town and its inhabitants: nor shall this Agreement prohibit the enactment or increase by the Town of any tax or fee. 14. Disconnection. No right or remedy of disconnection of the property from the Town shall accrue from this Agreement, other than that provided by applicable state laws. In the event the property or any portion thereof is disconnected at Owner's request, Keenesburg shall have no obligation to serve the disconnected property or portion thereof and this Agreement shall be void and of no further force and effect as to such property or portion thereof. 15. Severability. The parties agree that if any part, term, portion, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining parts, terms, portions, or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, portion, or provision held to be invalid. 16. Municipal Services. Keenesburg agrees to make available to the property all of the usual municipal services in accordance with the ordinances and policies of the Town, 17. Water Dedication. a. Non -Tributary and Not Non -Tributary Water. For and in consideration of the provision of water service by the Town, Owner grants in perpetuity to the Town the sole and exclusive right to withdraw, appropriate and use, and hereby consents in perpetuity on behalf of themselves and any and all successors in title, pursuant to C.R.S. § 37-90-137(8) to the Town the right to withdraw the water described in the above statute. b. In -House Supply. Owner or his assigns shall provide such raw water or raw water rights as is required by the Town to supply residential, commercial. or industrial service at the time of final plat approval or at such other time as may be agreed upon or set forth in the subdivision improvements agreement. c. Irrigation. Owner may be required to transfer to the Town, an owners' association, or some other public or quasi -public entity sufficient raw water for irrigation of any public or quasi -public area within the Property as may be shown in any subdivision plat or other development plan. 18. Owners" Association. Upon the request of the Town, or if otherwise required IT,' state law, Owner shall organize an appropriate owners' association or associations for given parcels and/or unit types within the development of the Property. Owner shall form any such association(s) pursuant to the Colorado Common Interest Ownership Act (the "Act"), C.R.S. 38-33.3-101, et seq. The Owner shall also execute and record covenants and instruments of conveyance that comply with the Act and which adequately provide for continuous ownership. operation, maintenance, repair and replacement of common elements of the development, including but not limited to any private roads, private common areas, private facilities, and public or private open space. At least thirty (30) days prior to recording any covenants or instruments of conveyance to the association(s), Owner shall provide such documents to the Town for review and comment. It is anticipated that ownership and/or maintenance responsibilities for certain common elements (such as, by way of example and not limitation, entry features, park or recreational tracks, and drainage facilities) may be assigned to such associations_ and that such arrangement will be as determined at the time of subdivision or final development plan approval for given parcels and/or unit types within the development of the Property. 19. Development Impact Fees. Owner acknowledges that it is the Town's policy to require "growth to pay its own way" and Owner agrees to pay all development impact fees as set forth in the Town Fee Schedule, including impact fees as may be in effect at the time application is made for any building permit, so long as such fees are reasonably related to the development. Owner shall post such fee and expense deposits as may be required and agrees to reimburse the Town for all costs of this annexation and development of the Property, including, but not limited to, planning fees, inspection costs, engineering fees, attorney fees, publication costs, recording fees, and all other costs specifically attributable to annexation and development of the Property. 4 Nothing in this agreement shall prevent the Town from requiring the payment of fees or impact fees at the time of final plat approval if such funds are necessary for construction of infrastructure, either by the Town or another entity, prior to issuance of building permits. The Town may withhold building permits, certificates of occupancy and other services if all such fees are not timely paid. The Town may also file liens on the Property if the fees contemplated by this agreement are not timely paid or required improvements are not timely constructed. 20. No Vested Rights. Neither annexation of the Property nor this agreement creates any vested rights. The fact that the Property has been annexed by the Town shall not create or form the basis of any claim by Owner of detrimental reliance or prevent the Town from modifying its development regulations or fees after execution of this agreement. Vested rights shall be acquired only by compliance with C.R.S. § 24-68-101 and approval by the Town of a site specific development plan for the Property. 21. Future Cooperation. The parties agree that they will cooperate with one another in accomplishing the terms, conditions, and provisions of the Agreement_ and will execute such additional documents as necessary to effectuate the same. 22. Amendment. This Agreement may be amended by the Town and any Owner without the consent of any other Owner as long as such amendment affects only that Owner's portion of the property. Such amendments shall be in writing, shall be recorded with the County Clerk of Weld County, Colorado, shall be covenants running with the land, and shall be binding upon all persons or entities having an interest in the property subject to the amendment unless otherwise specified in the amendment. Except as otherwise provided herein, this Agreement shall not be amended unless approved in writing by all parties hereto. 23. Entire Agreement. This Agreement embodies the entire agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. 24. Indemnification. Owner agrees to indemnify and hold harmless the Town and the Town's officers, employees, agents, and contractors, from and against all liability, claims, and demands, including attorney fees and court costs, which arise out of or are in any manner connected with the annexation of the property, or with any other annexation or other action determined necessary or desirable by the Town in order to effectuate the annexation of the property, or which are in any manner connected with Keenesburg's enforcement of this Agreement. Owner further agrees to investigate, handle, respond to, and to provide defense for and defend against or at the Town's option to pay the attorney fees for defense counsel of the Town's choice for, any such liability, claims, or demands. 25. Owner. As used in this Agreement, the term "Owner" shall include any of the heirs, transferees, successors, or assigns of Owner, and all such parties shall have the right to enforce this 5 Agreement, and shall be subject to the terms of this Agreement, as if they were the original parties thereto. 26. Amendments to Law. As used in this Agreement, unless otherwise specifically provided herein, any reference to any provision of any Town ordinance, resolution, or policy is intended to refer to any subsequent amendments or revisions to such ordinance, resolution, or policy, and the parties agree that such amendments or revisions shall be binding upon Owner. 27. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the heirs, transferees, successors, and assigns hereof, and shall constitute covenants running with the land. This Agreement shall be recorded with the County Clerk of Weld County, Colorado, at Owner's expense. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. 28. Failure to Annex. This Agreement shall be null and void if the Town fails to approve the annexation of the property. 29. Notice. All notices required under this Agreement shall be in writing and shall be hand -delivered or sent by facsimile transmission or registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon transmission receipt. All notices by mail shall be considered effective 72 hours after deposit in the United States mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to Town: Notice to Owner: Town of Keenesburg 140 S. Main Box 312 Keenesburg, CO 80643 Richard I. Robertson 853711 VCR 51 Keenesburq, 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. § ,131- 12-112, as amended, to approve the annexation or to impose terms and conditions upon the Property to be annexed, Owner owns 100 percent of the Property, excluding public streets and alleys, and would vote to approve the annexation and all terms and conditions as set forth herein. Thus, any election would necessarily result in a majority of the electors' approval to the annexation and the terms and conditions. 6 31. Legislative Discretion. The Owner acknowledges that the annexation and zoning of the property are subject to the legislative discretion of the Board of Trustees of the Town of Keenesburg. No assurances of annexation or zoning have been made or relied upon by Owner. If, in the exercise of its legislative discretion by the Board of Trustees or through the exercise of the powers of initiative or referendum, any action with respect to the property herein contemplated is not taken, then the sole and exclusive right of Owner with respect to such exercise of discretion shall be the withdrawal of the petition for annexation by the Owner, or disconnection from the Town in accordance with state law, as may be appropriate. 32. No Third -Party Rights. This Agreement is made solely for the benefit of the parties hereto, and is not intended to nor shall it be deemed to confer rights to any persons or entities not named as parties hereto. 33. Governing Law. The laws of the State of Colorado shall govern the validity, performance, and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action shall be in Weld County, Colorado. 34. Headings. The paragraph headings in this Agreement shall not be used in the construction or interpretation hereof as they have no substantive effect and are for convenience only. 35. No Warranties by Town. The Town is entering into this Agreement in good faith and with the present intention, on the part of the present Town Board, that this Agreement will be complied with. However, because some of the provisions of this Agreement may involve areas of legal uncertainty, the Town makes no representation as to the validity or enforceability of this Agreement against the Town, and by entering into this Agreement the Owner acknowledges and accepts that no such warranty is made on the part of the Town. OWNERS Richard I. Robertson Printed Name Si 'nature 8537 WCR 51 Keenesburq, CO 80643 7/26/17 Heidi D. Robertson Printed Nark Signature Aaron L. Kaiser Printed Name Signature Lori J. Kaiser Printed Name Signaturq 8537 WCR 51 Keenesburg, CO 80643 7/26/17 39673 E 160th Avenue Keenesburq, CO 80643 7/26/17 39673 E 160th Avenue Keenesburg, CO 80643 7/26/17 8 ACKNOWLEDGEMENT STA fE OF COLORADO COUNTY OF z z ) ) )ss The above and foregoing signatures of Richard I. Robertson. I Ieidi I). 1291unson Aaron L. Kaiser, and Lori J. Kaiser were subscribed under oath before me this _ day of July, 2017 Witness my hand and official seal. My commission expires on: '. (SEAL) USA WAGNER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20044043306 Y COMMISSION EXPIRES DECEMBER 4.2020 9 TOWN OF KEENESBURG Mayor ATTEST: Towns Clerk Hello