RESOLUTION NO. 2017-15

 

A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF KEENESBURG, COLORADO, KNOWN AS THE THREE H-K/HORTON FARMS ANNEXATION NO. 2 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 86.219 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, as amended, 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 24th day of April, 2017.

 

 

 

 

___________________________________

Danny Kipp, Mayor

 

ATTEST:

 

 

 

___________________________________

Toni Pearl, Town Clerk

 

 

4/19/2017 1:11 PM [kmk] R:KeenesburgAnnexationThree H-KElig Reso 2.doc


EXHIBIT A - LEGAL DESCRIPTION

 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.

 

SAID PARCEL CONTAINS 3,755,685 SQUARE FEET OR 86.219 ACRES, MORE OR LESS