ORDINANCE NO. 2016-20

 

            AN ORDINANCE AMENDING THE LEGAL DESCRIPTION FOR THE SCHOOL DISTRICT RE-3J ANNEXATION NO. 6 TO THE TOWN OF KEENESBURG, COLORADO

 

WHEREAS, a petition for serial, flagpole annexation of certain unincorporated property, known as the School District RE-3J Annexation No. 1, 2, 3, 4, 5, 6, & 7 (the “School District RE-3J Annexation”), was filed with the Board of Trustees of the Town of Keenesburg; and

 

WHEREAS, on March 14, 2016, the Board of Trustees of the Town of Keenesburg held a duly-noticed public hearing to consider this proposed annexation, notice of which hearing was published on January 5 and February 1, 8 and 15, 2016 in the Greeley Tribune; and

 

WHEREAS, the published notice of public hearing included individual legal descriptions for each of the seven annexations in this serial annexation, and also provided an approximate location of the property being considered for annexation; and

 

WHEREAS, in accordance with C.R.S. § 31-12-105(1)(e.3), additional mailed notice was provided to property owners abutting County Road 57, north of Highway 52, and Highway 52 between County Road 57 and County Road 59, graphically showing the proposed annexation on a vicinity map that accompanied the letter, and advising such property owners that they had a right to petition the Town for annexation in accordance with the statutory procedures; and

 

WHEREAS, by Ordinance No. 2016-11, the Board of Trustees of the Town of Keenesburg approved annexation of a 9.411-acre known as the School District RE-3J Annexation No. 6 to the Town of Keenesburg; and

 

WHEREAS, the Town Engineer thereafter discovered a typographical error in the last call of the legal description for Annexation No. 6 that caused a mis-closure, but did not affect the size or described location of the property; and

 

WHEREAS, the legal description on Sheet 1 of the map of the School District RE-3J Annexation contained the same typographical error as was in the legal description appended to Ordinance No. 2016-11, but the call shown on Sheet 4 of the map depicting the area of Annexation No. 6 was correct; and

 

WHEREAS, the Town Engineer has prepared a corrected legal description of Annexation No. 6 and has also prepared a new annexation map for the School District RE-3J Annexation containing the corrected legal description on Sheet 1; and

 

WHEREAS, the Board finds that the nature of the typographical error is such that the legal description did not erroneously describe the area, nor did it cause the boundary of the property annexed by the Town to be indefinite or uncertain; and

 

WHEREAS, the Board further finds that no interested person reviewing the notices of the proposed annexation and of the hearing that was held by the Board on the annexation would have reasonably been misled or otherwise not understood what property was proposed for annexation and where such property was located, and that therefore no rights of any person to appear at and participate in the annexation hearing were impacted by the typographical error; and

 

WHEREAS, the Board desires by this ordinance to replace the legal description in the ordinance approving Annexation No. 6, to acknowledge the corrected annexation map, and to direct Town staff to record this ordinance and corrected map and to take all other actions necessary to effectuate the School District RE-3J Annexation.

 

            NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, COLORADO:

 

Section 1. The annexation to the Town of Keenesburg of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the School District RE-3J Annexation No. 6, is hereby approved and ratified with the corrected legal description for the same.

 

Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Keenesburg.

 

Section 3.        This ordinance and the revised map of the School District RE-3J Annexation shall be recorded with the Weld County Clerk and Recorder. Town staff is further authorized and instructed to take all other actions necessary to effectuate such annexation.

 

Section 4.        Ordinance No. 2016-11 is hereby repealed to the extent such ordinance incorporates the incorrect legal description attached thereto as Exhibit A.

 

            INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 19th day of September, 2016.

 

                                                                                    TOWN OF KEENESBURG, COLORADO

 

 

                                                                                    ________________________________

                                                                                    Danny Kipp, Mayor

ATTEST:

 

 

_________________________

Toni Pearl, Town Clerk

 

 

9/12/2016 3:17 PM [kmk] R:KeenesburgAnnexationWeld Central ComplexOrd 6 Corrected Legal.doc


 

EXHIBIT A – LEGAL DESCRIPTION

 

DESCRIPTION OF SCHOOL DISTRICT RE-3J ANNEXATION NO. 6

 

A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 2, AND THE NORTHEAST 1/4 OF SECTION 11, TOWNSHIP 1 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS:

 

CONSIDERING THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 1 NORTH, RANGE 64 WEST OF THE 6TH P.M. TO BEAR SOUTH 89°27'38" WEST, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;

 

COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 2; THENCE NORTH 29°08'49" WEST, A DISTANCE OF 85.47 FEET TO THE NORTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 52 AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°30'35" WEST, COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 2601.28 FEET; THENCE SOUTH 83°16'25" EAST, A DISTANCE OF 597.04 FEET TO THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 2; THENCE SOUTH 79°54'56" WEST, A DISTANCE OF 600.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 52; THENCE NORTH 89°30'35" EAST, COINCIDENT WITH SAID SOUTH LINE, A DISTANCE OF 887.75 FEET TO THE WEST LINE OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED NOVEMBER 9, 1970 AS RECEPTION NO. 1557166 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO; THENCE SOUTH 00°16'30" EAST, COINCIDENT WITH SAID EAST LINE, A DISTANCE OF 137.97 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE NORTH 89°45'32" EAST, COINCIDENT WITH THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 481.20 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE NORTH 13°04'58" WEST, COINCIDENT WITH THE EAST LINE OF SAID PARCEL, A DISTANCE OF 143.51 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 52; THENCE NORTH 89°30'35" EAST, COINCIDENT WITH SAID SOUTH LINE, A DISTANCE OF 23.86 FEET TO THE WEST LINE OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED FEBRUARY 8, 1962 AS RECEPTION NO. 1374115 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO; THENCE NORTH 11°08'31" WEST, COINCIDENT WITH SAID WEST LINE, A DISTANCE OF 50.89 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 52; THENCE NORTH 89°45'32" EAST, COINCIDENT WITH SAID SOUTH LINE, A DISTANCE OF 1260.31 FEET TO THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 11; THENCE NORTH 05°26'41" WEST, COINCIDENT WITH SAID EAST LINE, A DISTANCE OF 130.96 FEET TO THE TRUE POINT OF BEGINNING.

 

SAID PARCEL CONTAINS 409,928 SQUARE FEET OR 9.411 ACRES, MORE OR LESS.