ORDINANCE NO. 2017-08

AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF KEENESBURG AND KNOWN AS THE THREE H-K/HORTON FARMS II ANNEXATION NOS. 1-2

WHEREAS, a petition for annexation of certain property, known as the Three H-K/Horton Farms Annexation Nos. 1-2, 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 Three H-K/Horton Farms II Annexation Nos. 1-2; 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.

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

Section 1.        That certain property contained within the Three H-K/Horton Farms II Annexation Nos. 1-2 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.

INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 24^th day of April, 2017.

TOWN OF KEENESBURG, COLORADO

_____________________________________

Danny Kipp, Mayor

ATTEST:

______________________________

Toni Pearl, Town Clerk

4/19/2017 1:44 PM [kmk] R:KeenesburgAnnexationThree H-KZoning Ord.doc

EXHIBIT A – LEGAL DESCRIPTION

DESCRIPTION OF ANNEXATION NO. 1

A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION 26, AND SECTION 27, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS:

CONSIDERING THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 6 TO BEAR NORTH 89°15°03" EAST, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;

COMENCING AT A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 6, BEING A 4" DEPARTMENT OF TRANSPORTATION BRASS DISK IN 8" CONCRETE POST; FROM WHENCE THE CENTER 1/4 CORNER OF SAID SECTION 27 BEARS NORTH 30°28'54" WEST, A DISTANCE OF 36.75 FEET; THENCE NORTH 89°15'03" EAST, COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 783.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 85°54'14" WEST, A DISTANCE OF 2366.51 FEET; THENCE NORTH 84°22'14" EAST, A DISTANCE OF 2334.12 FEET TO THE NORTH RIGHT-OF-WAY LINE OF INTERSTATE NO. 76; THENCE COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING FIVE (5) COURSES AND DISTANCES:

1) THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 5580.00 FEET AND A CENTRAL ANGLE OF 16°35'22", WHOSE CHORD BEARS NORTH 72°32'02" EAST, A DISTANCE OF 1610.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 1615.64 FEET;

2) THENCE NORTH 64°14'21" EAST, A DISTANCE OF 1745.20 FEET;

3) THNECE NORTH 56°14'21" EAST, A DISTANCE OF 610.70 FEET;

4) THENCE NORTH 33°10'51" EAST, A DISTANCE OF 96.90 FEET;

5) THENCE NORTH 64°13'03" EAST, A DISTANCE OF 132.36 FEET; THENCE SOUTH 00°49'39" EAST, A DISTANCE OF 656.87 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF INTERSTATE NO. 76; THENCE COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING NINE (9) COURSES AND DISTANCES:

1) THENCE SOUTH 32°16'51" WEST, A DISTANCE OF 36.49 FEET;

2) THENCE NORTH 74°28'15" WEST, A DISTANCE OF 83.37 FEET;

3) THENCE NORTH 74°44'09" WEST, A DISTANCE OF 38.00 FEET;

4) THENCE SOUTH 75°20'51" WEST, A DISTANCE OF 192.21 FEET;

5) THENCE SOUTH 89°24'34" WEST, A DISTANCE OF 299.37 FEET;

6) THENCE SOUTH 01°20'53" EAST, A DISTANCE OF 75.36 FEET;

7) THENCE SOUTH 89°08'29" WEST, A DISTANCE OF 10.05 FEET;

8) THENCE SOUTH 64°14'21" WEST, A DISTANCE OF 1666.33 FEET;

9) THE BEGINNING OF A CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 5880.00 FEET AND A CENTRAL ANGLE OF 16°42'11", WHOSE CHORD BEARS SOUTH 72°35'27" WEST, A DISTANCE OF 1708.10 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 1714.17 FEET TO THE NORTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 6; THENCE SOUTH 00°44'57" EAST, A DISTANCE OF 100.00 FEET TO THE TRUE POINT OF BEGINNING.

SAID PARCEL CONTAINS 1,784,242 SQUARE FEET OR 40.961 ACRES, MORE OR LESS.

DESCRIPTION OF ANNEXATION NO. 2

A PARCEL OF LAND LOCATED IN SECTION 27, AND SECTION 28, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS:

CONSIDERING THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 6 TO BEAR NORTH 89°15°03" EAST, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;

BEGINNING AT A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 6, BEING A 4" DEPARTMENT OF TRANSPORTATION BRASS DISK IN 8" CONCRETE POST; FROM WHENCE THE CENTER 1/4 CORNER OF SAID SECTION 27 BEARS NORTH 30°28'54" WEST, A DISTANCE OF 36.75 FEET; THENCE NORTH 89°15'03" EAST, COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 783.22 FEET; THENCE NORTH 85°54'14" WEST, A DISTANCE OF 2366.51 FEET; THENCE NORTH 84°22'14" EAST, A DISTANCE OF 2334.12 FEET TO THE NORTH RIGHT-OF-WAY LINE OF INTERSTATE NO. 76; THENCE COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING FIVE (5) COURSES AND DISTANCES:

1) THENCE SOUTH 89°17'01" WEST, A DISTANCE OF 3409.07 FEET;

2) THENCE SOUTH 89°15'50" WEST, A DISTANCE OF 2574.27 FEET;

3) THENCE SOUTH 89°15'03" WEST, A DISTANCE OF 500.70 FEET;

4) THE BEGINNING OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 5520.00 FEET AND A CENTRAL ANGLE OF 08°38'01", WHOSE CHORD BEARS NORTH 86°25'57" WEST, A DISTANCE OF 830.99 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 831.78 FEET; 5) THENCE NORTH 82°06'56" WEST, A DISTANCE OF 1348.64 FEET TO THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 28; THENCE SOUTH 00°56'17" EAST, COINCIDENT WITH SAID WEST LINE, A DISTANCE OF 408.09 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 6; THENCE SOUTH 82°12'57" EAST, COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 30.35 FEET TO THE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 53 AND THE NORTHWEST CORNER OF LOT B, RECORDED EXEMPTION NO. RE-4606 AS SHOWN ON THE PLAT RECORDED AUGUST 28, 2007 AS RECEPTION NO. 3500170 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO; THENCE SOUTH 00°56'17" EAST, COINCIDENT WITH SAID EAST RIGHT-OF-WAY LINE AND THE WEST LINE OF SAID LOT B, A DISTANCE OF 95.62 FEET TO THE NORTH RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN (C.B.&Q.) RAILROAD AND THE SOUTHWEST CORNER OF SAID LOT B, BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 5850.27 FEET AND A CENTRAL ANGLE OF 13°23'32", WHOSE CHORD BEARS SOUTH 73°39'03" EAST, A DISTANCE OF 1364.31 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 1367.42 FEET; THENCE SOUTH 66°57'17" EAST, COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 86.01 FEET TO THE SOUTHEAST CORNER OF SAID LOT B; THENCE NORTH 23°02'43" EAST, COINCIDENT WITH THE EAST LINE OF SAID LOT B, A

DISTANCE OF 221.45 FEET; THENCE NORTH 04°03'19" EAST, COINCIDENT WITH THE EAST LINE OF SAID LOT B, A DISTANCE OF 111.16 FEET TO THE NORTHEAST CORNER OF SAID LOT B AND THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 6, BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 5780.00 FEET AND A CENTRAL ANGLE OF 04°26'35", WHOSE CHORD BEARS SOUTH 86°37'50" EAST, A DISTANCE OF 448.11 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE AND COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE, ALSO BEING THE NORTH LINE OF LOT A OF SAID RE-4606, A DISTANCE OF 448.22 FEET TO THE NORTHWEST CORNER OF LOT B, RECORDED EXEMPTION NO. RE-4605 AS SHOWN ON THE PLAT RECORDED AUGUST 28, 2007 AS RECEPTION NO. 3500169 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO; THENCE SOUTH 00°34'31" EAST, COINCIDENT WITH THE WEST LINE OF SAID LOT B, A DISTANCE OF 104.05 FEET; THENCE SOUTH 23°02'43" WEST, COINCIDENT WITH THE WEST LINE OF SAID LOT B, A DISTANCE OF 382.11 FEET TO THE SOUTHWEST CORNER OF SAID LOT B, AND THE NORTH RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN (C.B.&Q.) RAILROAD; THENCE SOUTH 66°57'17" EAST, COINCIDENT THE SAID NORTH RIGHT-OF-WAY LINE AND THE SOUTH LINE OF LOTS A AND B OF SAID RE-4605, A DISTANCE OF 900.02 FEET TO THE SOUTHEAST CORNER OF SAID LOT A; THENCE NORTH 00°34'31" WEST, COINCIDENT WITH THE EAST LINE OF SAID LOT A, A DISTANCE OF 813.63 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 6 AND THE NORTHEAST CORNER OF SAID LOT A; THENCE NORTH 89°15'03" EAST, COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 5263.71 FEET TO THE TRUE POINT OF BEGINNING.