ORDINANCE NO. 2016-27

 

            AN EMERGENCY ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE EWS ANNEXATION NO. 4 TO THE TOWN OF KEENESBURG, COLORADO

 

            WHEREAS, a petition for annexation of certain unincorporated property, to be known as the EWS Annexation No. 4, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Keenesburg; and

 

            WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on December 12, 2016 held a duly-noticed public hearing to consider the proposed annexation; and

 

            WHEREAS, notice of the hearing was published on November 9, 16, 23 and 30 in the Greeley Tribune; and

 

            WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition; and

 

WHEREAS, the Board of Trustees finds an emergency exists because the preservation of public property, health, safety and welfare requires that this ordinance become effective immediately upon adoption and satisfaction of all conditions set forth herein.

 

            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 EWS Annexation No. 4, is hereby approved and such property is made a part of and annexed to the Town of Keenesburg.

 

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.       Adoption of this ordinance and approval of the annexation of the property described in Exhibit A is expressly conditioned on the Town receiving an annexation agreement executed by the landowner, in the form approved by the Town Board, on or before January 30, 2017.

 

Section 4.       The Board of Trustees herewith finds, determines, and declares that this ordinance is necessary to the immediate preservation of public property, health, welfare, peace, or safety. Pursuant to C.R.S. § 31-16-105 this ordinance shall be effective upon adoption and satisfaction of all conditions set forth herein.

 

            INTRODUCED, READ, ADOPTED, APPROVED BY AT LEAST SIX AFFIRMATIVE VOTES, AND ORDERED PUBLISHED IN FULL this 4th day of January, 2017.

 

                                                                                    TOWN OF KEENESBURG, COLORADO

 

 

                                                                                    ____________________________________

                                                                                    Danny Kipp, Mayor

ATTEST:

 

 

______________________________

Toni Pearl, Town Clerk

 

 

 

12/21/2016 4:15 PM [kmk] R:KeenesburgAnnexationEWS 1-4Ord 4 (e with condition).doc


 

EXHIBIT A – LEGAL DESCRIPTION

 

EWS ANNEXATION NO. 4

A parcel of land located in E-1/2 of Section 19, the NW-1/4 of Section 20, the E-1/2 of Section 18 and the W-1/2 of Section 17, Township 2 North, Range 63 West of the 6th Principal Meridian, County of Weld, State of Colorado and being more particularly described as follows:

 

Commencing at the SW corner of said Section 19; thence N00°54’56”W a distance of 1273.78 feet along the West line of said SW-1/4 of Section 19 to the southerly right of way line of Weld County Road 398; thence N65°32’04”E a distance of 3105.56 feet along said right of way line to the Point of Beginning; thence N00°54'56"W a distance of 54.54 feet to the centerline of said county road; thence northeasterly along said centerline the following 3 courses:

  1. thence N65°32'04"E a distance of 723.27 feet to a point of curvature;
  2. thence 3000.34' feet along the arc a curve to the left having a radius of 5579.65 feet, a delta angle of 30°48'34" and a chord bearing N50°07'47"E with a chord distance of 2964.32 feet;
  3. thence N34°43'30"E a distance of 783.42 feet;    

thence N55°16'30"W a distance of 50.00 to the westerly right of way line of said county road; thence northeasterly along said westerly line the following 3 courses:

  1. thence N34°43'30"E a distance of 301.44 feet
  2. thence 1049.67 feet along the arc of a curve to the left having a radius of 5529.58 feet, a delta angle of 10°52'35" and a chord bearing N29°17'13"E with a chord distance of 1048.10 feet;  
  3. thence N23°50'55"E a distance of 110.96 feet;

thence N74°09'39"W a distance of 4174.46 feet to the easterly right of way line of Interstate Highway 76; thence N43°31'15"E a distance of 3755.84 feet along said right of way line to the north line of the W-1/2 of said Section 17; thence N88°59'57"E a distance of 2519.69 feet along said north line to the NE corner of said W-1/2 of Section 17; thence S00°32'28"E a distance of 1653.92 feet along the east line of said W-1/2 of Section 17 to the southeasterly right of way line of said County Road 398; thence southwesterly along said southeasterly line the following 5 courses:

  1. thence S23°50'55"W a distance of 2618.48 feet to a point of curvature;
  2. thence 1068.66 feet along the arc of a curve to the right having a radius of 5629.58 feet, a delta angle of 10°52'35" and a chord bearing of S29°17'13"W with a chord distance of 1067.05 feet to a point of tangency;
  3. thence S34°43'30"W a distance of 1084.86 feet to a point of curvature;
  4. thence 3027.22 feet along the arc of a curve to the right having a radius of 5629.65 feet, a delta angle of 30°48'34" and a chord bearing S50°07'47"W with a chord distance of 2990.88 feet to a point of tangency;
  5. thence S65°32'04"W a distance of 745.06 feet to the Point of Beginning,

containing an area of 13,270,000 square feet or 304.637 acres more or less.