RESOLUTION NO 2016-48

A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF KEENESBURG, COLORADO, KNOWN AS THE EWS ANNEXATION NO. 4 TO THE TOWN OF KEENESBURG, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION

 

WHEREAS, a petition for annexation of property described in Exhibit A attached hereto has been filed with the Board of Trustees of the Town of Keenesburg; and

 

WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation.

 

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

 

Section 1. The Town Board finds and concludes that:

 

  1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Keenesburg.

 

  1. The applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including without limitation:

a.     Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Keenesburg; in accordance with Section 31-12-104(1)(a), C.R.S., contiguity may be established by the annexation of two or more parcels in a series.

 b.     A community of interest exists between the area proposed to be annexed and the Town of Keenesburg.

 c.     The area proposed to be annexed is urban or will be urbanized in the near future.

 d.     The area proposed 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 area 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, comprising 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 annexation, has been included within the area proposed to be annexed without the written consent of the landowners.

 g.     No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality.

 h.     The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district.

 i.      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.

 j.      The territory proposed to be annexed is 304.637 acres, more or less.

k.      The Comprehensive Plan adopted by the Planning Commission and approved by the Board of Trustees of the Town of Keenesburg shall serve as the plan for the area proposed to be annexed, in accordance with Section 31-12-105(1)(e), C.R.S.

 l.      Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Keenesburg 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.

 

  1. Four copies of an annexation map of each of the area proposed to be annexed have been submitted to the Town Board and are on file with the Town.

 

  1. Upon the annexation ordinance becoming effective, all land within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Keenesburg, except that general property taxes of the Town of Keenesburg, if applicable, shall become effective as of the January l next ensuing.

 

  1. No election for annexation of the area proposed to be annexed has been held in the preceding twelve months, and no election is required under Sections 31-12-107(2) or -112, C.R.S.

 

  1. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners, which are not to be considered additional terms and conditions within the meaning of Sections 31-12-107(1)(g), -110(2) or 112, C.R.S.

.

  1. The landowners of one hundred percent (100%) of the area proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and Section 31-12-107(1), C.R.S.

 

Section 2.       The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject property to the Town of Keenesburg.

 

INTRODUCED, READ, and ADOPTED this 12th day of December, 2016.

 

 

 

 

___________________________________

Danny Kipp, Mayor

 

ATTEST:

 

 

 

___________________________________

Toni Pearl, Town Clerk

 

 

12/6/2016 3:26 PM [kmk] R:KeenesburgAnnexationEWS 1-4Elig Reso 4.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.