ORDINANCE NO. 2016-28

 

AN EMERGENCY ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF KEENESBURG AND KNOWN AS THE EWS ANNEXATION NOS. 1-4

WHEREAS, a petition for annexation of certain property, known as the EWS Annexation Nos. 1-4, was filed with the Board of Trustees of the Town of Keenesburg; and

 

WHEREAS, the property was annexed to the Town by ordinance; and

 

WHEREAS, the Board of Trustees must provide for the zoning of the property; and

 

WHEREAS, the Board of Trustees provided notice of the public hearing on said zoning by publication as provided by law; and

 

WHEREAS, no protests were received by the Town pursuant to C.R.S. § 31-23-305; and

 

WHEREAS, the landowner of the property requested the property set forth in Exhibit A be zoned Heavy Industrial District (HI); and

 

WHEREAS, the HI zoning classification as requested is consistent with the Town’s plan for the area encompassed by the EWS Annexation Nos. 1-4; and

 

WHEREAS, the Keenesburg Planning and Zoning Commission has held a public hearing on the landowner’s zoning request and forwarded its recommendation to the Board of Trustees, and the Board of Trustees has duly considered that recommendation; and

 

WHEREAS, the Board of Trustees find that 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.       That certain property contained within the EWS Annexation Nos. 1-4 to the Town of Keenesburg, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned Heavy Industrial District (HI) pursuant to the zoning ordinances of the Town, and the Town zoning map shall be amended accordingly.

 

Section 2.       This ordinance shall become effective immediately upon the EWS Annexation Nos. 1-4, approved by Ordinance Nos. 2016-24, 2016-25, 2016-26 and 2016-27, becoming effective.

 

Section 3.       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

 

 

12/29/2016 2:01 PM [kmk] R:KeenesburgAnnexationEWS 1-4Zoning Ord (e).doc

 

 


 

EXHIBIT A – LEGAL DESCRIPTION

 

 

 

EWS ANNEXATION NO. 1

 

A parcel of land located in the SE-1/4 of Section 24, Township 2 North, Range 64 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 Section 19; thence N00°54'56”W a distance of 1273.78 feet along the West line of said Section 19 to the southerly right of way line of Weld County Road 398; thence S65°32'04”W a distance of 509.43 feet along said right of way line to the existing easterly line of the Town of Keenesburg municipal boundary as described in Robertson-Lewton Annexation No. 3 at Reception No. 4022374 of the Weld County records and the Point of Beginning; thence N00°54'56"W a distance of 130.90 feet along said town limits to the northerly line of said Weld County Road 398; thence N78°52'26”E a distance of 303.40 feet; thence S57°20'50”W a distance of 351.10 feet to the Point of Beginning, containing an area of 19,544 square feet or 0.449 acres more or less.

 

EWS ANNEXATION NO. 2

A parcel of land located in the SE-1/4 of Section 24, Township 2 North, Range 64 West and within the SW-1/4 of Section 19, 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 S65°32’04”W a distance of 509.43 feet along said right of way line to the existing easterly line of the Town of Keenesburg municipal boundary as described in Robertson-Lewton Annexation No. 3 at Reception No. 4022374 of the Weld County records and the Point of Beginning; thence N57°20'50"E a distance of 351.10 feet; thence S78°52'26"W a distance of 303.40 feet; thence N68°01'47"E a distance of 1607.85 feet; thence S63°48'28"W a distance of 1659.38 feet to the Point of Beginning, containing an area of 78,666 square feet or 1.806 acres more or less.

 

EWS ANNEXATION NO. 3

A parcel of land located in the SE-1/4 of Section 24, Township 2 North, Range 64 West and within Section 19, the NW-1/4 of Section 20, and the SW-1/4 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 S65°32’04”W a distance of 509.43 feet along said right of way line to the existing easterly line of the Town of Keenesburg municipal boundary as described in Robertson-Lewton Annexation No. 3 at Reception No. 4022374 of the Weld County records and the Point of Beginning; thence N63°48'28"E a distance of 1659.38 feet; thence S68°01'47"W a distance of 1607.85 feet to the northerly right of way line of Weld County Road 398; thence northeasterly along said northerly right of way line the following 5 courses:

  1. thence N65°32'04"E a distance of 4307.75 feet to a point of curvature;
  2. thence 2437.66 feet along the arc a curve to the left having a radius of 5509.65 feet, a delta angle of 25°20'59" and a chord bearing N52°51'35"E a chord distance of 2417.82 feet to a point on the east line of said Section 19
  3. thence S00°59'55"E a distance of 30.30 feet to a non-tangent curve;
  4. thence 549.75 feet along the arc of a curve to the left having a radius of 5529.65 feet, a delta angle of 05°41'47" and a chord bearing N37°34'23"E a chord distance of 549.53 feet
  5. thence N34°43'30"E a distance of 783.42 feet;

  

thence S55°16'30"E a distance of 50.00 to the centerline of said County road; thence southeasterly along said centerline the following 2 courses:

  1. thence S34°43'30"W a distance of 783.42 feet to a point of curvature;
  2. thence 3000.34 feet along the arc a curve to the right having a radius of 5579.65 feet, a delta angle of 30°48'34" and a chord bearing S50°07'47"W a distance of 2964.32 feet;
  3. thence S65°32'04"W a distance of 723.27

thence S00°54'56"E a distance of 54.54 feet to the southerly right of way line of said County Road; thence S65°32'04"W a distance of 3614.98 feet along said right of way line to the Point of Beginning, containing an area of 622,278 square feet or 14.286 acres more or less.

 

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.