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Home My WebLink AboutANX-08-01ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT ("Agreement") is entered into and made effective as of the 10th day of November, 2008, between the CITY OF WHEAT RIDGE, a municipal corporation of the State of Colorado, whose address is 7500 W. 29th Avenue, Wheat Ridge, Colorado 80033 (the "City"), and COORS BREWING COMPANY, whose address is 1225 17t` Street, Suite 3200, Denver, CO 80202 (the "Owner"), collectively referred to herein as "the Parties" or individually as a "Party". Sections 1 through 6, inclusive, of this Agreement shall be effective only upon the annexation of the real property more fully described below into the City. RECITALS AND REPRESENTATIONS: WHEREAS, the Owner is the sole owner of the property located in Jefferson County, Colorado, more fully described on Exhibit A attached hereto and incorporated into this Agreement (the 'Property"); and WHEREAS, pursuant to the Colorado Municipal Annexation Act, C.R.S. §§31-12-101, et seq., the Owner has filed a petition for annexation of the Property into the City; and WHEREAS, the City wishes to control its growth in a planned and orderly fashion, maintaining and improving its quality of life and its ability to provide and enhance environmental amenities, services, and local opportunity for its citizens; and WHEREAS, the Owner wishes to develop the Property for use or uses compatible with its objectives and those of the City; and WHEREAS, development of the Property may necessitate public infrastructure improvements and public services, may contribute to the economic growth of the City, and may increase future tax revenues received by the City, and is a development project for which any economic incentives may serve a lawful public purpose; and WHEREAS, it is in the public interest for the Parties to enter into a written agreement regarding the matters addressed in this Agreement. COVENANTS: NOW, THEREFORE, in consideration of the mutual covenants contained herein and the annexation of the Property by the City, the adequacy and sufficiency whereof are acknowledged, the Parties agree as follows: 1. EFFECTIVE DATE AND TERM OF AGREEMENT; CITY JURISDICTION OVER PROPERTY. 1.1 EFFECTIVE DATE AND TERM OF AGREEMENT. This Agreement shall be effective upon execution by the Parties. Unless earlier terminated as provided herein, the term of this Agreement shall expire upon the completion of.the obligations set forth in Sections 3.1, 3.2, 4, 5 and 6 hereof, and final resolution of any legal challenges to the same, and inclusion of the Property into the Long's Peak Metropolitan District. After the expiration of the term or earlier termination as provided below, this Agreement shall be deemed terminated and of no further force and effect; provided, however, such termination shall not affect: a. Annexation of the Property into the City; b. Any right or entitlements arising from approval of the Annexation Ordinance, Zoning Ordinance, PCD (as defined below), and the Subdivision Application, all as hereinafter defined, City permits, approvals or other entitlements for the Property which were granted or approved prior to, concurrently with, or subsequent to the approval of this Agreement and that are contemplated to continue after termination of this Agreement; c. Any continuing rights to share in the Public Improvement Fee (as defined in the IGA); and d. The zoning of the Property. 1.2. CITY JURISDICTION OVER PROPERTY. Except as expressly set forth in Sections 3 and 4 below with respect to zoning and improvements, the Property shall, upon annexation, be subject to all of the ordinances, codes, rules, regulations, policies and applicable contracts of the City, as now or hereafter constituted. 2. MUNICIPAL SERVICES. The City shall provide to the Property the usual and customary municipal services provided by the City within its municipal limits generally, in accordance with the ordinances and policies of the City. 2.1 LONGS PEAK METROPOLITAN DISTRICT. Owner will petition for inclusion of the Property into the Longs Peak Metropolitan District (the "(Metro District") immediately upon, but in no event later than sixty (60) days following the effective date of the annexation. In the event the Property is included in the Metro District, the Property shall be subject to all of the rights and obligations of the Metro District, including without limitation the obligation to impose a covenant levying a Public Improvements Fee as set forth in the Intergovernmental Agreement, dated December 11, 2006, between the Metro District and the City (the "IGA"), and that the Property shall be subject to all then preexisting debt of the Metro District. In the event the Owner is not successful in its petition to include the Property into the Metro District, the City may, at its option, require that the Owner petition the City pursuant to CRS 31-12-501 et. seq, for disconnection of the Property from the City, and the Owner shall take all actions necessary to complete such disconnection. 2.2 FIRE PROTECTION SERVICES. The City does not provide municipal fire 2 protection services but such services are available generally from the Fairmount Fire Protection District. If the Property is not within said district, the Owner shall use reasonable efforts to cause the Property to be included within the same, provided, however, the Property shall be included within either the Fairmont Fire Protection district or some other fire protection district prior to and as a condition of the City's issuance of a building permit for above-grade new construction located within the Property. 2.3 POLICE SERVICES. The City shall provide police services to the Property upon the same basis as such services are provided to other property within the City. 2.4 ELECTRIC NATURAL GAS TELEPHONE. CABLE TV AND OTHER UTILITY SERVICES. The City does not provide electric, natural gas, telephone, or cable TV facilities or services. Such services are available within the City from private entities. The extension of such services to the Property is not the obligation or responsibility of the City, provided that the City shall cooperate with efforts by Owner to obtain utility services, such cooperation not to be at any out-of-pocket cost to the City. 2.5 TRANSPORTATION SERVICES. The City shall maintain duly dedicated and accepted public streets and roads within its municipal boundaries which serve the Property, both on and off-site, upon the same basis as such services are provided to other property within the City. 2.6 OTHER SERVICES. The City shall provide other services to the Property upon the same basis as such services are provided by City to other similarly situated property within the City, except as otherwise provided in the IGA. 3. ZONING & SUBDIVISION. 3.1 ZONING. The Parties' mutual desire and decision to annex the Property into the City is based in part upon their expectation that development thereof will occur in accordance with the provisions of this Section 3. The Zoning application to be filed by the Owner will propose, and the City will consider for approval upon annexation, Agricultural-One (A-1) or Agricultural Two (A-2) zoning for the Property via an ordinance (the "Zoning Ordinance"). The parties agree that the Owner shall thereupon have the right, within twenty-four (24) months of the Annexation Completion Date, as set forth in Section 5, to apply for rezoning to Planned Commercial Development (PCD). The parties anticipate that such PCD will have generally the same allowed uses and development standards applicable to Lots 9 and 10 of the Cabela's Outline Development Plan previously approved by the City and recorded as Reception Number 2006116321 on April 25, 2006, but subject to such modifications as are agreed-upon by the Owner and the City and consistency with the traffic assumptions relied upon by the traffic study to be submitted as part of the PCD application. In the event the City does not adopt, within ninety (90) days after the Annexation Completion Date (as defined in Article 5 below), an ordinance approving A-1 and/or A-2 zoning, or in the event the City does not adopt a PCD that is acceptable to Owner, Owner may, at its option petition the City pursuant to CRS 31-12-501 et. seq, for disconnection of the Property from the City, and the Owner and City shall take all actions necessary to complete such disconnection. If the Owner does not apply for the PCD 3 within twenty-four (24) months after the Annexation Completion Date, as defined in Section 5, the City shall have the right, exercisable only within ninety (90) days after expiration of such twenty-four- (24) month period, to.require the Owner to petition the City pursuant to CRS 31-12- 501 et. seq, for disconnection of the Property from the City, and the Owner and City shall take all actions necessary to complete such disconnection, provided that the City shall first give the Owner sixty (60) days' notice of its intent to require such disconnection and shall not require such disconnection if the Owner files for the PCD within such sixty (60) day period. 3.2 SUBDIVISION. Prior to annexation, Owner shall submit and the City shall consider an application for subdivision of the Property (the "Subdivision Application"). Owner and the City agree that the Property will be subdivided into at least three parcels (with a remainder tract), created by the alignment of Cabela Drive which will traverse the Property, the right-of-way of Colorado Highway 58 on the north, and a private railroad on the east and south. The general location and configuration of the Parcels is denoted on Exhibit B. The parties agree that the Subdivision Application, when and if granted, shall result in a simple subdivision of three parcels, as described above, for the purpose of enabling the conveyance of those parcels. The parties agree that the specific public improvements required in connection with ultimate development of the Property shall be determined during the process of zoning the Property to Planned Commercial Development and any associated Outline, and Final, Development Plan, in accordance with applicable regulations of the City. The Owner shall in any event participate in the construction and financing of such off-site improvements as set forth in the IGA. Any subdivision of the Property following annexation shall be in accordance with City subdivision and other applicable regulations in effect at the time application is made for subdivision approval. 4. REQUIRED DEDICATIONS. The Parties acknowledge that Owner has conveyed that portion of the Property reasonably necessary for the right-of-way of the proposed Cabela's Drive. The City reserves the right to require such public improvements, dedications, and exactions as necessary to satisfy the requirements of the proposed development plan submitted in connection with any rezoning of the Property to PCD or other zoning category. 5. EFFECTIVE DATE OF ANNEXATION. The annexation of the Property shall be effective upon passage of the Annexation Ordinance. The City shall promptly file the Annexation Ordinance and map upon adoption of the Annexation Ordinance (the time of such filing shall be the "Annexation Completion Date"). 6. REFERENDUM OR LEGAL CHALLENGE. The Parties understand and acknowledge that the annexation and zoning of the Property may be subject to public referendum or challenge by the filling of litigation in a state or federal court. In the event of the filing of a public referendum, the City may incur costs and expenses related to conducting a municipal election, including but not limited to costs and expenses of publication, printing and mailing, reasonable attorney fees, and the costs of retaining the services of election judges. The Parties shall jointly pay all reasonable costs and expenses incurred by the City in conducting such election, regardless of outcome. In the event that the ordinances or other approvals to be considered by the City relative to the annexation, zoning (which for purposes of this Section 6 shall include the PCD), subdivision of the Property become the subject of a citizen-petitioned referendum or litigation, the ordinances or approvals subject to such referendum or litigation and 4 this Agreement shall be suspended pending the outcome. If the result of the referendum election is to reject such annexation, zoning or subdivision, or if the settlement or judgment in any litigation prevents the annexation, zoning or subdivision as contemplated herein, all of the provisions contained herein shall be null and void and of no effect, and such rejection shall be deemed a "failure to serve" pursuant to C.R.S. Section 31-12-119, but shall not be deemed to be a default by the City under Section 13.b and remedies provided therein shall not be available. Conversely, if the result of such referendum election or litigation is to affirm such annexation, zoning and/or subdivision, the Property shall be deemed finally annexed, zoned and/or subdivided, as applicable, whereupon this Agreement shall remain effective and the Parties shall be bound by all of the terms and conditions contained herein as of the date of this Agreement. To the extent Owner or the City choose, in their sole and exclusive discretion, to defend and participate in such a referendum or defense of litigation, the Parties shall each be solely responsible for their separate costs and attorneys' fees relating to the same. 7. ADDITIONAL INCENTIVES. The City and Owner shall work with each other to determine whether any Owner development undertaken on the Property qualifies for any other tax credits or tax incentives, or any grants. 8. OWNERS' ASSOCIATIONS. The Owner reserves the right to impose covenants upon any portion of the Property and to form one or more owners' associations for all or any portions of the Property which shall assume responsibilities for collecting funds to pay common expenses, to repair and maintain common areas and to enforce restrictive covenants, including any covenants required by inclusion in the Metro District. 9. MISCELLANEOUS. 9.1. NO VESTING OF RIGHTS. Nothing in this Agreement shall be construed to vest any property rights to the development of the Property, including but not limited to vesting of rights in accordance with Article I of Chapter 26 of the Wheat Ridge Code of Laws or Article 68 of Title 24, Colorado Revised Statutes. 9.2. WAIVER. A waiver by any Party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either Party. 5 9.3. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the successors, heirs, legal representatives, and assigns of the Parties, and the benefits and burdens hereof shall constitute covenants running with the Property. In the event that all or part of the Property is sold, transferred, or otherwise conveyed to additional or multiple parties, all owners shall be jointly and severally responsible for all terms, conditions, and obligations set forth in this Agreement. 9.4. ASSIGNMENT. Owner may assign its respective rights and duties hereunder in whole or in part to others who become fee title holders of any portion of the Property, or to not less than all of the ground lessees of the Property, and Owner may assign any or all of its respective rights and interests hereunder to its parent company, to perform its respective obligations hereunder. In the case of an assignment to any fee title holders of the Property, Owner shall be released of all obligations hereunder upon the written assumption by assignee of all of Owner's rights and obligations hereunder. Except as provided in this paragraph, noassignment shall release the Property from any restrictions imposed upon the Property by this Agreement, unless a specific release has been given by the City in writing. The City may, but shall not be obligated to release the seller or ground lessors in such transactions; however, any such release must be executed in writing by the City and recorded with the Jefferson County Clerk and Recorder in order to effective. 9.5. NO THIRD PARTY BENEFICIARIES. Enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the City and Owner, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third person on such Agreement. It is the express intent of the City and Owner that any person other than the City or the Owner receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. Notwithstanding the foregoing, upon the inclusion of the Property into the Metro District, the Metro District shall be deemed to be a third party beneficiary with the right to enforce the provisions of this Agreement that are applicable to it. 9.6. GOVERNING LAW AND ENFORCEMENT. This Agreement shall be governed by the laws of the State of Colorado. This Agreement may be enforced at law or in equity. Jurisdiction and venue shall be proper and exclusive in the district court for Jefferson County, Colorado. In addition to any other available remedies, the City may withhold or revoke any permits or certificates, including but not limited to building permits and certificates of occupancy, for any lot or structure within the Property owned at the time by Owner or a developer successor of Owner in the event of a breach of this Agreement by the Owner. 9.7. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 9.8. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the Parties and no additional or different representation, promise or agreement, written or oral, shall be binding upon either Party with respect to the subject matter hereof. This Agreement may be amended only by an instrument in writing signed by the Parties. 6 9.9. SEVERABILTTY. Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement. 9.10. RECORDATION OF AGREEMENT. This Agreement shall be recorded by the City with the Clerk and Recorder's Office of Jefferson County, Colorado. The Owner shall pay the reasonable cost of recordation of this Agreement, the Annexation and Zoning Ordinances, the Annexation Map, and any and all other documents necessary to perfect the Annexation, upon request by the City. DATED the 10th day of November, 2008. CITY OF WHEAT RIDGE, ATTEST: Michael Snow, City Clerk PRS AP L7Gerald Dahl, City Attorney corpora~4u_, lio, Mayor COORS BREWING COMPANY: By: Name and 'tl : ~o u9,Qag I~ ec~. STATE OF COLORADO ) ss. COUNTY OF S~ v E'er ) The~ ,,b -r and foregoing instrument was acknowledged before me this Ht day of Yom, 2008, by , as i~P+135 ~JE~_tu,, of Coors Brewing Company, Owner. My Commission expires: o"1-f Z4p q \AoTARy PUBS to y Commuuon Gxn:res Feb 3.2009 Exhibit A to Annexation Agreement Legal Description of the Property (attached) Exhibit A to annexation agreement ANX-08-01 BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S 1/2) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4) BEARS NORTH 00°22'44" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), NORTH 00°22'44" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°22'44" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED, AND BEING THE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81012'11" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85000'54" WEST, 480.94 FEET TO A POINT; THENCE LEAVING SAID BOUNDARY, NORTH 32°29'03" WEST, 189.48 FEET TO A POINT ON THE BOUNDARY OF SAID REAL PROPERTY AS DESCRIBED AT RECEPTION No. 2007136692; THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1. NORTHEASTERLY ALONG A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 52047'22" EAST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39°35'49", FOR AN ARC LENGTH OF 276.44 FEET TO A POINT OF NON-TANGENCY; 2. NORTH 32040'24" EAST, 57.33 FEET TO A POINT; 3. SOUTH 57019'36" EAST, 10.00 FEET TO A POINT; 4. NORTH 32040'24" EAST, 57.33 FEET TO A TANGENT CURVE TO THE RIGHT CONCAVE SOUTHEASTERLY; 5. NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 46033'18" EAST AND HAS A CHORD LENGTH OF 283.10 FEET, THROUGH A CENTRAL ANGLE OF 27°45'48", FOR AN ARC LENGTH OF 285.89 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102- H AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE, NORTH 87000'55" EAST, 741.24 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PLAT OF CABELAS COORS SUBDIVISION FILING No. 1, AMENDED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: SOUTH 01045'57" WEST, 141.60 FEET TO A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY; SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 505.40 FEET, AND WHOSE LONG CHORD BEARS SOUTH 28011'16" WEST AND HAS A CHORD LENGTH OF 451.18 FEET, THROUGH A CENTRAL ANGLE OF 53°01'14", FOR AN ARC LENGTH OF 467.69 FEET TO THE POINT OF BEGINNING. CONTAINING 545,083 SQUARE FEET OR 12.513 ACRES OF LAND, MORE OR LESS Exhibit B to Annexation Agreement Diagram showing Cabela Drive Right of Way and Three Parcels to be created within the Property (attached) 10 Ali d[g:5 a`" n u~C 44n y~F~ Q ii T3 ^P: in_ Fa EFE: y 'E gen F1N if 2 gg M ~fs o -k. saE a m a$ esg' RAE! §.d vgg Rq`SYg n s6' i eag tg5 ezk fiR a` aR~ 0 ER __gRp3 $ z q5£ ' 2 E~ ~ ~ ¢ k 3 e, i gs~ y ge c p F ' E R A naa 3 3 o0g 0 ~ 8 H O N . G ppp5t i En. O _O °R r tic e 0z E$ E' ° m $ o 4 :4~o k~~ggc~4c @ Asa eH"@~ 2 ~^ks-E2 Eo Y y ~ Js j4 G n Ff F95$ ~ ti;= Y ~ a 9^rv 'Ire 4.I5 mCl m 0 0 a Q 9 0 ;a /a A2 M ~ O n2 SOD T J 3 i ~L eE3 mm n 0 o ' 1 0 T l N N m- m n y m O n c y In c e - C ~ o W °=v p I r= 9 ~ S $ mY U o I S 0 ❑ ~ gl y \ 00 '+1 ~e r d °y Z y G1 00 Z ' l 1 ~f ~ p 9 ~ S I e_RE Q E.e k a ~ ~ gsB F ~ ~ s `six/ R 9~^' - Firv PL PLPi 8e COORS AT CLEAR CREEK s.fe€gv SUBDIVISION FILING NO. 1 _s w; gull I' - ate::' r of wrvcnr wi -Al PLAT a~sarv ccunrr, cui November 3, 2008 Meredith Reckert City of Wheat Ridge Community Development Department 7500 W. 2E'' Ave. Wheat Ridge, CO Phone: 303-235-2846 RE: Coors at Clear Creek Annexation (Annexation #1 and Annexation #2) Dear Mrs. Reckert: Thank you for the opportunity to review the proposed Coors at Clear Creek Annexation #2. After evaluating the submitted documents, county staff generated the following comments: • The Planning and Zoning Division did not received the information regarding Annexation 1 or 2 until the letter dated October 16, 2008. The applicant submitted the annexation application to the City of Wheat Ridge August 29, 2008. Planning Staff would appreciate working with the city on annexation applications closer to the time of formal application. This enables us to provide constructive feedback earlier on in the process. • Annexation #1 meets state statue requirements for annexation. The proposed area is 19% contiguous to the existing municipal boundary. The proposed area to be annexed does not extend the municipal boundary more than three miles in any direction from any point on the existing municipal boundary. The proposed area does contain the full width of a platted or deeded street or alley. The proposed area to be annexed does not create an enclave. A map does show the present and proposed boundaries of the municipality in the vicinity of the proposed annexation. • Annexation #2 meets state statue requirements for annexation only if Annexation #1 is recorded before Annexation #2. The proposed area is 20% contiguous to the existing municipal boundary (if Annexation #1 is approved and recorded first). The proposed area to be annexed does not extend the municipal boundary more than three miles in any direction from any point on the existing municipal boundary. The proposed area does contain the full width of a platted or deeded street or alley. The proposed area to be annexed does not create an enclave. A map does show the present and proposed boundaries of the municipality in the vicinity of the proposed annexation. • The following special districts are within the area proposed to be annexed: Fairmount Fire Protection District, Prospect Recreation District, North Table Mountain Water and Sanitation District, Regional Transportation District, R-1 School District, and the Denver Metropolitan Major League Baseball Stadium District. • The property is currently zoned Industrial-Two (1-2) and is vacant land. A PUD was not submitted. The city has 90 days after annexation to rezone. • The property is within Area 19 of the North Plains Community Plan. Area 19 is an infill area and suggests retail, office, light industrial, and residential up to 15 du/ac. Planning Staff would appreciate the opportunity to review the associated rezoning application for the proposed annexation. Thank you again for keeping us informed of the process. If you have any questions please call me at 303- 271-8750. Sincerely, Jeanne Shaffer Planner City of Wheat~idge OFFICE OF THE CITY CLERK City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2823 F: 303.234.5924 CERTIFICATE OF ANNEXED PLAT I, Michael Snow, City Clerk of the City of Wheat Ridge, Colorado do hereby certify that the attached plat is one of the original plats filed with the City Council of Wheat Ridge, Colorado on August 29, 2008, at which time a Petition for Annexation of said territory to the City of Wheat Ridge, Colorado, was filed with said Council. I further certify that by Ordinance No. 18-2008, legally passed and adopted by the City Council of Wheat Ridge, Colorado, and effective on November 10, 2008, the territory described and referred to on said plat was annexed to said City. I further certify that attached hereto is a true and correct copy of Ordinance No. 18-2008. DATED this day of NvrrU4e,,i , 2008. Michael Snow, City Clerk [SEAL} www.ci.wheatridge.co.us CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill 18-2008 Ordinance No. 1421 Series of 2008 TITLE: AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF WHEAT RIDGE, COLORADO (CASE NO. ANX-08-01/COORS AT CLEAR CREED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. That a Petition for Annexation, together with four (4) copies of the annexation map as required by law, was filed with the City Council on August 29, 2008, by the owners of over fifty percent (50%) of the area of the territory hereinafter described, exclusive of public streets and alleys, and comprising more than fifty percent (50%) of the landowners of the property to be annexed. The City Council, by resolution at a properly noticed meeting on September 22, 2008, accepted said Petition and found and determined that the applicable parts of the Municipal Annexation Act of 1965, as amended, have been met and further determined that an election was not required under the Act and that no additional terms and conditions were to be imposed upon said annexation. Section 2. Annexation Approved. That the annexation to the City of the following des approved: C (3 ~,k O{ BEING A PORTION OF THAT CERTAIN REAL PROPERTY CERTAIN CORRECTION DEED ON FILE AT RECEPTION i~ OFFICE OF THE CLERK AND RECORDER OF THE COUN COLORADO, TOGETHER WITH A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S 1/2) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4) BEARS NORTH 00°22'44" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), NORTH 00°22'44" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°22'44" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED, AND BEING THE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81012'11" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85000'54" WEST, 480.94 FEET TO A POINT; THENCE LEAVING SAID BOUNDARY, NORTH 32°29'03" WEST, 189.48 FEET TO A POINT ON THE BOUNDARY OF SAID REAL PROPERTY AS DESCRIBED AT RECEPTION No. 2007136692; THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1. NORTHEASTERLY ALONG A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 52047'22" EAST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39035'49", FOR AN ARC LENGTH OF 276.44 FEET TO A POINT OF NON-TANGENCY; 2. NORTH 32040'24" EAST, 57.33 FEET TO A POINT; 3. SOUTH 57019'36" EAST, 10.00 FEET TO A POINT; 4. NORTH 32040'24" EAST, 57.33 FEET TO A TANGENT CURVE TO THE RIGHT CONCAVE SOUTHEASTERLY; 5. NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 46033'18" EAST AND HAS A CHORD LENGTH OF 283.10 FEET, THROUGH A CENTRAL ANGLE OF 27045'48", FOR AN ARC LENGTH OF 285.89 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102- H AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE, NORTH 87°00'55" EAST, 741.24 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PLAT OF CABELAS COORS SUBDIVISION FILING No. 1, AMENDED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: SOUTH 01045'57" WEST, 141.60 FEET TO A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY; SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 505.40 FEET, AND WHOSE LONG CHORD BEARS SOUTH 28011'16" WEST AND HAS A CHORD LENGTH OF 451.18 FEET, THROUGH A CENTRAL ANGLE OF 53°01'14", FOR AN ARC LENGTH OF 467.69 FEET TO THE POINT OF BEGINNING. CONTAINING 545,083 SQUARE FEET OR 12.513 ACRES OF LAND, MORE OR LESS. Section 3. Effective Date. This ordinance shall take effect upon adoption at second reading, as permitted by the Charter. 2 INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 0 on the 27th day of October, 2008, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for November 10, 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 , this 10`" day of November, 2008.. SIGNED by the Mayor on this 10th day of November , 2008. ATTEST: Michael Snow, City Clerk 7jo Form Gerald E. Dahl, City Attorney First Publication: October 30, 2008 Second Publication: November 13, 2008 Wheat Ridge Transcript: Effective Date: 3 City of Wheatlcige OFFICE OF THE CITY CLERK City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2823 F: 303.234.5924 November 21, 2008 County Clerk & Recorder Jefferson County, Colorado 100 Jefferson Parkway Golden, CO 80419 Dear Madame Clerk: Pursuant to Section 31-12-113(2)(a), C.R.S., enclosed please find three (3) certified copies of an annexation ordinance and map. Please record one copy in the records affecting land title in the County, file the second copy with the Colorado Division of Local Government, Department of Local Affairs, 1313 Sherman Street, Room 521, Denver, CO 80203, and file the third copy with the Colorado Department of Revenue, 1375 Sherman Street, Room 409, Denver, CO 80261, all as required by C.R.S. 31-12-113(2)(a)(II+)(B). Yours truly, Michael Snow, City Clerk Enclosures www.d.wheatridge.co.us CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill 18-2008 Ordinance No. 1421 Series of 2008 TITLE: AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF WHEAT RIDGE, COLORADO (CASE NO. ANX-08-01/COORS AT CLEAR CREED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. That a Petition for Annexation, together with four (4) copies of the annexation map as required by law, was filed with the City Council on August 29, 2008, by the owners of over fifty percent (50%) of the area of the territory hereinafter described, exclusive of public streets and alleys, and comprising more than fifty percent (50%) of the landowners of the property to be annexed. The City Council, by resolution at a properly noticed meeting on September 22, 2008, accepted said Petition and found and determined that the applicable parts of the Municipal Annexation Act of 1965, as amended, have been met and further determined that an election was not required under the Act and that no additional terms and conditions were to be imposed upon said annexation. Section 2. Annexation Approved. That the annexation to the City of the following described property is hereby approved: BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S 1/2) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4) BEARS NORTH 00°2244" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), NORTH 00°22'44" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°2244" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED, AND BEING THE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81°12'11" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85000'54" WEST, 480.94 FEET TO A POINT; THENCE LEAVING SAID BOUNDARY, NORTH 32°29'03" WEST, 189.48 FEET TO A POINT ON THE BOUNDARY OF SAID REAL PROPERTY AS DESCRIBED AT RECEPTION No. 2007136692; THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1. NORTHEASTERLY ALONG A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 52047'22" EAST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39°35'49", FOR AN ARC LENGTH OF 276.44 FEET TO A POINT OF NON-TANGENCY; 2. NORTH 32040'24" EAST, 57.33 FEET TO A POINT; 3. SOUTH 57019'36" EAST, 10.00 FEET TO A POINT; 4. NORTH 32040'24" EAST, 57.33 FEET TO A TANGENT CURVE TO THE RIGHT CONCAVE SOUTHEASTERLY; 5. NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 46033'18" EAST AND HAS A CHORD LENGTH OF 283.10 FEET, THROUGH A CENTRAL ANGLE OF 27°45'48", FOR AN ARC LENGTH OF 285.89 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102- H AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE, NORTH 87°00'55" EAST, 741.24 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PLAT OF CABELAS COORS SUBDIVISION FILING No. 1, AMENDED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: SOUTH 01045'57" WEST, 141.60 FEET TO A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY; SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 505.40 FEET, AND WHOSE LONG CHORD BEARS SOUTH 28011'16" WEST AND HAS A CHORD LENGTH OF 451.18 FEET, THROUGH A CENTRAL ANGLE OF 53001'14", FOR AN ARC LENGTH OF 467.69 FEET TO THE POINT OF BEGINNING. CONTAINING 545,083 SQUARE FEET OR 12.513 ACRES OF LAND, MORE OR LESS. Section 3. Effective Date. This ordinance shall take effect upon adoption at second reading, as permitted by the Charter. 2 INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 0 on the 27th day of October, 2008, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for November 10, 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 , this 10`h day of November, 2008. SIGNED by the Mayor on this 10th day of November , 2008. ATTEST: Michael Snow, City Clerk 720, Form Gerald E. Dahl, City Attorne First Publication: October 30, 2008 Second Publication: November 13, 2008 Wheat Ridge Transcript: Effective Date: OFFICE OF THE CITY CLERIC WHEAT RIDGE, CO 80033 THIS IS ATRUE ANOF THE D CORRECT DOPY (EXACT) Y CUSTODY. DO CUMEII V 08- D jL=-J- rrY 0El~IG t -0-HAR1 3 ereZ. G l~ % Via'' O ® City of Wheat -Midge OFFICE OF THE CITY CLERK City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2823 F: 303.234.5924 CERTIFICATE OF ANNEXED PLAT I, Michael Snow, City Clerk of the City of Wheat Ridge, Colorado do hereby certify that the attached plat is one of the original plats filed with the City Council of Wheat Ridge, Colorado on August 29, 2008, at which time a Petition for Annexation of said territory to the City of Wheat Ridge, Colorado, was filed with said Council. I further certify that by Ordinance No. 18-2008, legally passed and adopted by the City Council of Wheat Ridge, Colorado, and effective on November 10, 2008, the territory described and referred to on said plat was annexed to said City. I further certify that attached hereto is a true and copy of Ordinance No. 18-2008. DATED this 2-d k day of NytK-4eA , 2008. '111~ Michael Snow, City Clerk [SEAL} www.ci.wheatridge.co.us CITY COUNCIL MINUTES: November 10, 2008 Page -3- I further move that all costs associated with this contract be paid from account number 30-303-800-842, and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series. Seconded by Mrs. Rotola; carried 5-3 with Council Members Womble, Sang and Gokey voting No. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Council Bill 18-2008 - An Ordinance approving the Annexation of certain Territory to the City of Wheat Ridge, Colorado. (Case No. ANX-08-01/Coors at Clear Creek) Item 3. Council Bill 19-2008 - An Ordinance approving the Annexation of certain Territory to the City of Wheat Ridge, Colorado. (Case No. ANX-08-02/Coors at Clear Creek) Mayor DiTullio announced that Items 2 & 3 would be heard together given their similar nature and opened the Public Hearing for both. Council Bill 18-2008 & Council Bill 19-2008 were introduced together on second reading by Mr. Stites. City Clerk Michael Snow assigned Ordinance Nos. 1421 & 1422 respectively. Mayor DiTullio gave oath to all citizens and staff providing testimony. Mr. Johnstone presented a PowerPoint document (included in this document) summarizing the annexations. Mayor DiTullio closed the Public Hearing. Motion by Mr. Stites to approve Council Bill 18-2008 (Ordinance 1421) on second reading and that it take effect upon recordation of three certified copies of the annexation ordinance and map of the area annexed with the Jefferson County Clerk and Recorder as provided by C.R.S. 31-113; seconded by Mrs. Langworthy; carried 8-0. Motion by Mr. Stites to approve Council Bill 19-2008 (Ordinance 1422) on second reading and that it take effect upon recordation of three certified copies of the annexation ordinance and map of the area annexed with the Jefferson County Clerk and Recorder as provided by C.R.S. 31-113; seconded by Mrs. Sang; carried 8-0. b o oo o ~ ~d ~o BCD A+ 0 ~ ' ` cD W o ' 0 C C CD W '."'3 (D ` i a ~ CD O `C ~ 'G - 'C - O O w C N - vi r4 0 0 ^ Z 0 C; 0 ("D U v, 0 CD in_ 7Q o a O (D 0 -r It a v 'n p. p. . (D p p p O O BCD 0,3 ~ O m w ~.y w r , n , C~ ► S' CD CD 00 (D cn CD n 0 00 0 O C n o CD - CD o° O ".3 C D CL (Zr CD CD C7 O i7 fD W bOG "t ~ N ~ W ~ Frl z o w ° ~ `z O ~ ~ ~ c o ° w p a O k O N' O O O. 0 O t5, CL eC N p o ° O ° ~ rn O ~ w CD CAD cS C . r- = O P-: w a w n o CD ('D 0 ' O N .y '0 I D o. 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O (Q O ~ 0 CD N D c- -0 v o (D (D (D =5 O fn O O ' 0 C O Q- v ~ p c (D cn o' cn •J n O cn X Q N n O 1 cn CD X Q N WheatRjdge J ITEM NO: 0121_ l~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: November 10, 2008 TITLE: COUNCIL BILL NO. 18-2008 - AN ORDINANCE APPROVING ANNEXATION TO THE CITY OF WHEAT RIDGE OF A PARCEL OF LAND LOCATED IN SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. ANX-08-01/COORS AT CLEAR CREED ® PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS ❑ ORDINANCES FOR 1sT READING (10/27/2008) ® ORDINANCES FOR 2ND READING (11/10/2008) Quasi-judicial: ❑ YES gommunity Devel m nt Director EXECUTIVE SUMMARY: ® NO Cart.-P~ mod? City Manag 6 The property under consideration for annexation is one of two annexations of property located to the west of the Cabela's/Coors property annexed in 2005. It is located north of Clear Creek and south of State Highway 58 at Indiana Street extended. The property is located within the boundary of the City's Urban Growth Area plan. Under the Municipal Annexation Act, the annexation of property to a municipality must be accomplished by ordinance with an accompanying resolution of findings of fact regarding the petition. The adoption of the resolution of findings of fact and the annexation ordinance on first reading occurred on October 27, 2008. Adoption of the attached ordinance will annex the property into the City of Wheat Ridge. On September 22, 2008, City Council adopted a resolution finding the proposed annexation to be in substantial compliance with CRS 31-12-107(1) and to be eligible for annexation. Under state statutes, territory is eligible to be annexed if more than 50% of the owners of more than 50% of the land sought to be annexed sign the annexation petition, at least 1/6th of the boundary of the land sought to be annexed is contiguous with the current City boundary, that a community of interest exists between the area proposed to be annexed and the annexing municipality, that the area is urban or will be urban in the near future, and that said area is or is capable of being integrated with the annexation municipality. COMMISSION/BOARD RECOMMENDATION: None. Only City Council acts upon annexation petitions. STATEMENT OF THE ISSUES: The property is located directly to the west of the boundary of the Cabela's/Coors Outline Development Plan area which was annexed and zoned in 2005. The proposed annexation area encompasses the right-of-way for Cabela Drive which was previously dedicated to the City of Wheat Ridge. The property is designated as planned business park within the city's urban growth boundary area, which is an addendum to the Comprehensive Plan. The decision to annex a property is a legislative decision of City Council. The 1/6th contiguity requirement is met. The petitioner represents more than 50% of the landowners owning more than 50% of the land proposed for annexation. The area is surrounded by urban development and the area is capable of being integrated with the City. The area meets the annexation eligibility requirements established in the Municipal Annexation Act. This ordinance is being considered with a companion petition for adjacent property to the west in order to meet the contiguity requirement. The City is required to zone the property within 90 days of adoption of the annexation petition. The proposed annexation agreement provides that the property owner will apply for a "holding zoning" on the property such as A-1 or A-2 in order to meet the 90 day zoning requirement. The annexation agreement further provides that within 24 months, the owner will apply for a Planned Commercial Development Outline Development Plan which will have generally the same allowed uses and development standards as approved for Lots 9 and 10 of the Cabela's Outline Development approved in 2005. ' ALTERNATIVES CONSIDERED: The City Council has two options to consider with the council bill: 1. Adopt a motion to adopt the council bill approving the annexation. 2. Adopt a motion to deny the council bill. FINANCIAL IMPACT: The annexation of the property will create an immediate responsibility of the city to provide police protection. The City will received property tax revenues generated by the improvements on the property. One-time fees for annexation were submitted with the petition. RECOMMENDED MOTIONS: "I move to approve Council Bill No. 18-2008, an ordinance approving an annexation to the City of Wheat Ridge on second reading and that it take effect upon recordation of three certified copies of the annexation ordinance and map of the area annexed with the Jefferson County Clerk and Recorder as provided by C.R.S. 31-113." Or "I move to table indefinitely Council Bill No. 18-2008, an ordinance approving annexation to the City of Wheat Ridge for the following reason(s): " Report prepared by: Meredith Reckert, Senior Planner Report reviewed by: Ken Johnstone, Director of Community Development ATTACHMENTS: 1. Council Bill No. 18-2008 2. Annexation Impact Report with draft Annexation Agreement 3. Annexation Map CITY OF WHEAT RIDGE, COLORADO Council Bill 18-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF WHEAT RIDGE, COLORADO (CASE NO. ANX-08-01/COORS AT CLEAR CREED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. That a Petition for Annexation, together with four (4) copies of the annexation map as required by law, was filed with the City Council on August 29, 2008, by the owners of over fifty percent (50%) of the area of the territory hereinafter described, exclusive of public streets and alleys, and comprising more than fifty percent (501/o) of the landowners of the property to be annexed. The City Council, by resolution at a properly noticed meeting on September 22, 2008, accepted said Petition and found and determined that the applicable parts of the Municipal Annexation Act of 1965, as amended, have been met and farther determined that an election was not required under the Act and that no additional terms and conditions were to be imposed upon said annexation. Section 2. Annexation Approved. That the annexation to the City of the following described property is hereby approved: BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S 1/2) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4) BEARS NORTH 00°2244" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; ATTACHMENT 1 THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), NORTH 00°22'44" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°22'44" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED, AND BEING THE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81012'11" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85000'54" WEST, 480.94 FEET TO A POINT; THENCE LEAVING SAID BOUNDARY, NORTH 32029'03" WEST, 189.48 FEET TO A POINT ON THE BOUNDARY OF SAID REAL PROPERTY AS DESCRIBED AT RECEPTION No. 2007136692; THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1. NORTHEASTERLY ALONG A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 52047'22" EAST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39°35'49", FOR AN ARC LENGTH OF 276.44 FEET TO A POINT OF NON-TANGENCY; 2. NORTH 32040'24" EAST, 57.33 FEET TO A POINT; 3. SOUTH 57019'36" EAST, 10.00 FEET TO A POINT; 4. NORTH 32040'24" EAST, 57.33 FEET TO A TANGENT CURVE TO THE RIGHT CONCAVE SOUTHEASTERLY; 5. NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 46033'18" EAST AND HAS A CHORD LENGTH OF 283.10 FEET, THROUGH A CENTRAL ANGLE OF 27°45'48", FOR AN ARC LENGTH OF 285.89 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102- H AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE, NORTH 87000'55" EAST, 741.24 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PLAT OF CABELAS COORS SUBDIVISION FILING No. 1, AMENDED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: SOUTH 01045'57" WEST, 141.60 FEET TO A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY; SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 505.40 FEET, AND WHOSE LONG CHORD BEARS SOUTH 28011'16" WEST AND HAS A CHORD LENGTH OF 451.18 FEET, THROUGH A CENTRAL ANGLE OF 53001'14", FOR AN ARC LENGTH OF 467.69 FEET TO THE POINT OF BEGINNING. CONTAINING 545,083 SQUARE FEET OR 12.513 ACRES OF LAND, MORE OR LESS. Section 3. Effective Date. This ordinance shall take effect upon adoption at second reading, as permitted by the Charter. 2 INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 0 on the 27th day of October, 2008, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for November 10, 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 10th day of November, 2008. SIGNED by the Mayor on this day of 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: October 30. 2008 Second Publication: Wheat Ridge Transcript: Effective Date: 3 ANNEXATION IMPACT REPORT Coors at Clear Creek Colorado Revised statutes require the following information to be contained within an Annexation Impact Report: a) A map or maps of the municipality and adjacent territory to show the following information: 1) The present and proposed boundaries of the municipality in the vicinity of the proposed annexation; 11) The present streets, major trunk water mains, sewer interceptors, other utility lines and ditches and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation; and III) The existing and proposed land use pattern in the areas to be annexed. The information requested in aj -1) and IIJ above is presented in graphic form as an attachment. Current City of Wheat Ridge boundaries are shown on the Annexation Map, along with the proposed extension that would be accomplished with this project. Existing streets, major trunk water mains, sewer interceptors and outfalls and utility lines are shown on the Annexation Impact Map. The property to be annexed is currently undeveloped. The proposed land use pattern to be considered at the time of annexation will be unchanged from existing Jefferson County zoning. A rezoning application will be submitted for this property as part of the Clear Creek/Cabela's property. The proposed rezoning application contemplates retail, commercial and office uses with large tracts of undeveloped open land b) A copy of any draft or final pre-annexation agreement, if available; The Annexation Agreement is attached. c) A statement setting forth the plans of the municipality for extending to or otherwise providing for, with the area to be annexed, municipal services performed by or on behalf of the municipality at the time of annexation; As outlined in the Annexation Agreement, municipal services will be provided to the area to be annexed. At the time of annexation, police protection, parks and recreation and general government services will be the responsibility of the City of Wheat Ridge. Other Services such as water, sanitary sewer and fire protection will be provided by existing special districts. A service inclusion agreement will be filed with the adjoining special districts including the Applewood Sanitation District the North Table Mountain Water and Sanitation District and the West Metro Fire Protection District. At the time of this submittal, negotiations are currently under way for inclusion in these districts. dj A statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed; ATTACHMENT 2 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT ("Agreement') is entered into and made effective as of the _ day of , 2008, between the CITY OF WHEAT RIDGE, a municipal corporation of the State of Colorado, whose address is 7500 W. 29th Avenue, Wheat Ridge, Colorado 80033 (the "City"), and COORS BREWING COMPANY, whose address is (the "Owner"), collectively referred to herein as "the Parties" or individually as a "Party". Sections 1 through 6, inclusive, of this Agreement shall be effective only upon the annexation of the real property more fully described below into the City. RECITALS AND REPRESENTATIONS: WHEREAS, the Owner is the sole owner of the property located in Jefferson County, Colorado, more fully described on Exhibit A attached hereto and incorporated into this Agreement (the "Property"); and WHEREAS, pursuant to the Colorado Municipal Annexation Act, C.R.S. §§31-12-101, et seq., the Owner has filed a petition for annexation of the Property into the City; and WHEREAS, the City wishes to control its growth in a planned and orderly fashion, maintaining and improving its quality of life and its ability to provide and enhance environmental amenities, services, and local opportunity for its citizens; and WHEREAS, the Owner wishes to develop the Property for use or uses compatible with its objectives and those of the City; and WHEREAS, development of the Property may necessitate public infrastructure improvements and public services, may contribute to the economic growth of the City, and may increase future tax revenues received by the City, and is a development project for which any economic incentives may serve a lawful public purpose; and WHEREAS, it is in the public interest for the Parties to enter into a written agreement regarding the matters addressed in this Agreement. COVENANTS: NOW, THEREFORE, in consideration of the mutual covenants contained herein and the annexation of the Property by the City, the adequacy and sufficiency whereof are acknowledged, the Parties agree as follows: 1. EFFECTIVE DATE AND TERM OF AGREEMENT: CITY JURISDICTION OVER PROPERTY. 1.1 EFFECTIVE DATE AND TERM OF AGREEMENT. This Agreement shall be effective upon execution by the Parties. Unless earlier terminated as provided herein, the term of this Agreement shall expire upon the completion of the obligations set forth in Sections 3.1, 3.2, 4, 5 and 6 hereof, and final resolution of any legal challenges to the same, and inclusion of the Property into the Long's Peak Metropolitan District. After the expiration of the term or earlier termination as provided below, this Agreement shall be deemed terminated and of no further force and effect; provided, however, such termination shall not affect: a. Annexation of the Property into the City; b. Any right or entitlements arising from approval of the Annexation Ordinance, Zoning Ordinance, PCD (as defined below), and the Subdivision Application, all as hereinafter defined, City permits, approvals or other entitlements for the Property which were granted or approved prior to, concurrently with, or subsequent to the approval of this Agreement and that are contemplated to continue after termination of this Agreement; c. Any continuing rights to share in the Public Improvement Fee (as defined in the IGA); and d. The zoning of the Property. 1.2. CITY JURISDICTION OVER PROPERTY. Except as expressly set forth in Sections 3 and 4 below with respect to zoning and improvements, the Property shall, upon annexation, be subject to all of the ordinances, codes, rules, regulations, policies and applicable contracts of the City, as now or hereafter constituted. 2. MUNICIPAL SERVICES. The City shall provide to the Property the usual and customary municipal services provided by the City within its municipal limits generally, in accordance with the ordinances and policies of the City. 2.1 LONGS PEAK METROPOLITAN DISTRICT. Owner will petition for inclusion of the Property into the Longs Peak Metropolitan District (the "(Metro District") immediately upon, but in no event later than sixty (60) days following the effective date of the annexation. In the event the Property is included in the Metro District, the Property shall be subject to all of the rights and obligations of the Metro District, including without limitation the obligation to impose a covenant levying a Public Improvements Fee as set forth in the Intergovernmental Agreement, dated December 11, 2006, between the Metro District and the City (the "IGA"), and that the Property shall be subject to all then preexisting debt of the Metro District. In the event the Owner is not successful in its petition to include the Property into the Metro District, the City may, at its option, require that the Owner petition the City pursuant to CRS 31-12-501 et. seq, for disconnection of the Property from the City, and the Owner shall take all actions necessary to complete such disconnection. 2.2 FIRE PROTECTION SERVICES. The City does not provide municipal fire protection services but such services are available generally from the Fairmount Fire Protection District. If the Property is not within said district, the Owner shall use reasonable efforts to cause the Property to be included within the same, provided, however, the Property shall be included within either the Fairmont Fire Protection district or some other fire protection district prior to and as a condition of the City's issuance of a building permit for above-grade new construction located within the Property. 2.3 POLICE SERVICES. The City shall provide police services to the Property upon the same basis as such services are provided to other property within the City. 2.4 ELECTRIC, NATURAL GAS. TELEPHONE. CABLE TV AND OTHER UTILITY SERVICES. The City does not provide electric, natural gas, telephone, or cable TV facilities or services. Such services are available within the City from private entities. The extension of such services to the Property is not the obligation or responsibility of the City, provided that the City shall cooperate with efforts by Owner to obtain utility services, such cooperation not to be at any out-of-pocket cost to the City. 2.5 TRANSPORTATION SERVICES. The City shall maintain duly dedicated and accepted public streets and roads within its municipal boundaries which serve the Property, both on and off-site, upon the same basis as such services are provided to other property within the city. 2.6 OTHER SERVICES. The City shall provide other services to the Property upon the same basis as such services are provided by City to other similarly situated property within the City, except as otherwise provided in the IGA. 3. ZONING & SUBDIVISION. 3.1 ZONING. The Parties' mutual desire and decision to annex the Property into the City is based in part upon their expectation that development thereof will occur in accordance with the provisions of this Section 3. The Zoning application to be filed by the Owner will propose, and the City will consider for approval upon annexation, Agricultural-One (A-1 or Agricultural Two (A-2) zoning for the Property via an ordinance (the "Zoning Ordinance"). The parties agree that the Owner shall thereupon have the right, within twenty-four (24) months of the Annexation Completion Date, as set forth in Section 5, to apply for rezoning to Planned Commercial Development (PCD). The parties anticipate that such PCD will have generally the same allowed uses and development standards applicable to Lots 9 and 10 of the Cabela's Outline Development Plan previously approved by the City and recorded as Reception Number 2006116321 on April 25, 2006, but subject to such modifications as are agreed-upon by the Owner and the City and consistency with the traffic assumptions relied upon by the traffic study to be submitted as part of the PCD application. In the event the City does not adopt, on or before the Annexation Completion Date (as defined in Article 5 below), an ordinance approving A-1 and/or A-2 zoning, the Owner shall have the rights set forth in Section 5. In the event the City does not adopt a PCD that is acceptable to Owner, Owner may, at its option petition the City pursuant to CRS 31-12-501 et. seq, for disconnection of the Property from the City, and the Owner and City shall take all actions necessary to complete such disconnection. If the Owner does not apply for the PCD within twenty-four (24) months after the Annexation Completion Date, as defined in Section 5, the City shall have the right, exercisable only within ninety (90) days after expiration of such twenty-four- (24) month period, to require the Owner to petition the City pursuant to CRS 31-12-501 et. seq, for disconnection of the Property from the City, and the Owner and City shall take all actions necessary to complete such disconnection, provided that 3 the City shall first give the Owner sixty (60) days' notice of its intent to require such disconnection and shall not require such disconnection if the Owner files for the PCD within such sixty (60) day period. 3.2 SUBDIVISION. Prior to annexation, Owner shall submit and the City shall consider an application for subdivision of the Property (the "Subdivision Application"). Owner and the City agree that the Property will be subdivided into at least three parcels (with a remainder tract), created by the alignment of Cabela Drive which will traverse the Property, the right-of-way of Colorado Highway 58 on the north, and a private railroad on the east and south. The general location and configuration of the Parcels is denoted on Exhibit B. The parties agree that the Subdivision Application, when and if granted, shall result in a simple subdivision of three parcels, as described above, for the purpose of enabling the conveyance of those parcels. The parties agree that the specific public improvements required in connection with ultimate development of the Property shall be determined during the process of zoning the Property to Planned Commercial Development and any associated Outline, and Final, Development Plan, in accordance with applicable regulations of the City. The Owner shall in any event participate in the construction and financing of such off-site improvements as set forth in the IGA. Any subdivision of the Property following annexation shall be in accordance with City subdivision and other applicable regulations in effect at the time application is made for subdivision approval. 4. REQUIRED DEDICATIONS. The Parties acknowledge that Owner has conveyed that portion of the Property reasonably necessary for the right-of-way of the proposed Cabela's Drive. The City reserves the right to require such public improvements, dedications, and exactions as necessary to satisfy the requirements of the proposed development plan submitted in connection with any rezoning of the Property to PCD or other zoning category. 5. EFFECTIVE DATE OF ANNEXATION. The annexation of the Property shall be effective upon passage of the Annexation Ordinance. The City shall promptly file the Annexation Ordinance and map upon adoption of the Annexation Ordinance (the time of such filing shall be the "Annexation Completion Date"). 6. REFERENDUM OR LEGAL CHALLENGE. The Parties understand and acknowledge that the annexation and zoning of the Property may be subject to public referendum or challenge by the filling of litigation in a state or federal court. In the event of the filing of a public referendum, the City may incur costs and expenses related to conducting a municipal election, including but not limited to costs and expenses of publication, printing and mailing, reasonable attorney fees, and the costs of retaining the services of election judges. The Parties shall jointly pay all reasonable costs and expenses incurred by the City in conducting such election, regardless of outcome. In the event that the ordinances or other approvals to be considered by the City relative to the annexation, zoning (which for purposes of this Section 6 shall include the PCD), subdivision of the Property become the subject of a citizen-petitioned referendum or litigation, the ordinances or approvals subject to such referendum or litigation and this Agreement shall be suspended pending the outcome. If the result of the referendum election is to reject such annexation, zoning or subdivision, or if the settlement or judgment in any litigation prevents the annexation, zoning or subdivision as contemplated herein, all of the provisions contained herein shall be null and void and of no effect, and such rejection shall be 4 deemed a "failure to serve" pursuant to C.R.S. Section 31-12-119, but shall not be deemed to be a default by the City under Section 13.b and remedies provided therein shall not be available. Conversely, if the result of such referendum election or litigation is to affirm such annexation, zoning and/or subdivision, the Property shall be deemed finally annexed, zoned and/or subdivided, as applicable, whereupon this Agreement shall remain effective and the Parties shall be bound by all of the terms and conditions contained herein as of the date of this Agreement. To the extent Owner or the City choose, in their sole and exclusive discretion, to defend and participate in such a referendum or defense of litigation, the Parties shall each be solely responsible for their separate costs and allomeys' fees relating to the same. 7. ADDITIONAL INCENTIVES. The City and Owner shall work with each other to determine whether any Owner development undertaken on the Property qualifies for any other tax credits or tax incentives, or any grants. 8. OWNERS' ASSOCIATIONS. The Owner reserves the right to impose covenants upon any portion of the Property and to form one or more owners' associations for all or any portions of the Property which shall assume responsibilities for collecting funds to pay common expenses, to repair and maintain common areas and to enforce restrictive covenants, including any covenants required by inclusion in the Metro District. 9. MISCELLANEOUS. 9.1. NO VESTING OF RIGHTS. Nothing in this Agreement shall be construed to vest any property rights to the development of the Property, including but not limited to vesting of rights in accordance with Article I of Chapter 26 of the Wheat Ridge Code of Laws or Article 68 of Title 24, Colorado Revised Statutes. 9.2. WAIVER. A waiver by any Party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either Party. 9.3. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the successors, heirs, legal. representatives, and assigns of the Parties, and the benefits and burdens hereof shall constitute covenants running with the Property. In the event that all or part of the Property is sold, transferred, or otherwise conveyed to additional or multiple parties, all owners shall be jointly and severally responsible for all terms, conditions, and obligations set forth in this Agreement. 9.4. ASSIGNMENT. Owner may assign its respective rights and duties hereunder in whole or in part to others who become fee title holders of any portion of the Property, or to not less than all of the ground lessees of the Property, and Owner may assign any or all of its respective rights and interests hereunder to its parent company, to perform its respective obligations hereunder. In the case of an assignment to any fee title holders of the Property, Owner shall be released of all obligations hereunder upon the written assumption by assignee of all of Owner's rights and obligations hereunder. Except as provided in this paragraph, noassignment shall release the Property from any restrictions imposed upon the Property by this Agreement, unless a specific release has been given by the City in writing. The City may, but shall not be obligated to release the seller or ground lessors in such transactions; however, any such release must be executed in writing by the City and recorded with the Jefferson County Clerk and Recorder in order to effective. 9.5. NO THIRD PARTY BENEFICIARIES. Enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the City and Owner, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third person on such Agreement. It is the express intent of the City and Owner that any person other than the City or the Owner receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. Notwithstanding the foregoing, upon the inclusion of the Property into the Metro District, the Metro District shall be deemed to be a third party beneficiary with the right to enforce the provisions of this Agreement that are applicable to it. 9.6. GOVERNING LAW AND ENFORCEMENT. This Agreement shall be governed by the laws of the State of Colorado. This Agreement may be enforced at law or in equity. Jurisdiction and venue shall be proper and exclusive in the district court for Jefferson County, Colorado. In addition to any other available remedies, the City may withhold or revoke any permits or certificates, including but not limited to building permits and certificates of occupancy, for any lot or structure within the Property owned at the time by Owner or a developer successor of Owner in the event of a breach of this Agreement by the Owner. 9.7. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 9.8. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the Parties and no additional or different representation, promise or agreement, written or oral, shall' be binding upon either Party with respect to the subject matter hereof. This Agreement may be amended only by an instrument in writing signed by the Parties. 9.9. SEVERABILITY. Invalidation of any of the provisions of this Agreement or any paragraph sentence, clause, phrase, or word herein or the application thereof in any given circumstance shall not affect the validity of any other provision of this Agreement. 9.10. RECORDATION OF AGREEMENT. This Agreement shall be recorded by the City with the Clerk and Recorder's Office of Jefferson County, Colorado. The Owner shall pay the reasonable cost of recordation of this Agreement, the Annexation and Zoning Ordinances, the Annexation Map, and any and all other documents necessary to perfect the Annexation, upon request by the City. DATED the _ day of 2008. ATTEST: Michael Snow, City Clerk APPROVED AS TO FORM: CITY OF WHEAT RIDGE, a municipal corporation Jerry DiTullio, Mayor Gerald Dahl, City Attorney COORS BREWING COMPANY: By: Name and Title: STATE OF COLORADO ) ) ss. COUNTY OF The above and foregoing instrument was acknowledged before me this _ day of , 2008, by as of Coors Brewing Company, Owner. My Commission 1 Exhibit A to Annexation Agreement Legal Description of the Property (attached) Exhibit B to Annexation Agreement Diagram showing Cabela Drive Right of Way and Three Parcels to be created within the Property (attached) 10 1kS City of mF WheatRi, COMMUNITY DEVELOPMENT Oge City of Wheat Ridge Municipal Building 7500 W. 29"' Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 October 20, 2008 Jefferson County Board of County Commissioners c/o Marge McDonald 100 Jefferson Parkway Golden, CO 80419 RE: Coors at Clear Creek Annexations to the City of Wheat Ridge (Annexations #1 and #2) - property generally located west of Lot 9, Cabela's/Coors Subdivision, north of Clear Creek and south of Highway 58 at Indiana Street extended (reference Case Nos. ANX-08-01 and ANX-08-02) Dear County Commissioners; Pursuant to C.R.S. 31-12-108(2), enclosed please find a copy of the Annexation Impact Report relating to two annexation petitions currently being considered by the City of Wheat Ridge. Included with the Annexation Impact Report are maps of the areas being annexed and a draft copy of the proposed annexation agreement. If you have questions concerning the enclosed materials, please contact me at 303-235-2848. Sincerely, Meredith Reckert, AICP Senior Planner www.ci.w h eatridge.co. u s ANNEXATION IMPACT REPORT Coors at Clear Creek Colorado Revised Statutes require the following information to be contained within an Annexation Impact Report: a) A map or maps of the municipality and adjacent territory to show the following information: 1) The present and proposed boundaries of the municipality in the vicinity of the proposed annexation; II) The present streets, major trunk water mains, sewer interceptors, other utility lines and ditches and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation; and III) The existing and proposed land use pattern in the areas to be annexed. The information requested in a) - IJ and IIJ above is presented in graphic form as an attachment. Current City of Wheat Ridge boundaries are shown on the Annexation Map, along with the proposed extension that would be accomplished with this project. Existing streets, major trunk water mains, sewer interceptors and outfolls and utility lines are shown on the Annexation Impact Map. The property to be annexed is currently undeveloped. The proposed land use pattern to be considered at the time of annexation will be unchanged from existing Jefferson County zoning. A rezoning application will be submitted for this property as part of the Clear Creek/Cabela's property. The proposed rezoning application contemplates retail, commercial and office uses with large tracts of undeveloped open land. b) A copy of any draft or final pre-annexation agreement, if available; The Annexation Agreement is attached. c) A statement setting forth the plans of the municipality for extending to or otherwise providing for, with the area to be annexed, municipal services performed by or on behalf of the municipality at the time of annexation; As outlined in the Annexation Agreement, municipal services will be provided to the area to be annexed. At the time of annexation, police protection, parks and recreation and general government services will be the responsibility of the City of Wheat Ridge. Other Services such as water, sanitary sewer and fire protection will be provided by existing special districts. A service inclusion agreement will be filed with the adjoining special districts including the Applewood Sanitation District, the North Table Mountain Water and Sanitation District and the West Metro Fire Protection District. At the time of this submittal, negotiations are currently under way for inclusion in these districts. d) A statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed; Financing for roadway, water, sanitary sewer and storm sewer infrastructure will be the responsibility of the developer of the Cabela's site and through the inclusion into the Long's Peak Metropolitan District (Metro District). The Metro District will issue bonds which will be retired from two revenue sources: 1) A sales tax shared back by the City of Wheat Ridge, and 2) A Public Improvement Fee. Other services provided by the City of Wheat Ridge will be financed by the retained portion of the sales tax revenue and the property tax generated by the proposed development. e) A statement indentifying existing districts within the are to be annexed; Existing districts include: 1) Urban Drainage & Flood Control District 12480 W. 26th Ave./ Denver, CO 80211 2) Prospect Recreation and Park District 14198 Xenon St. / Wheat Ridge, CO 80033 3) West Metro Fire Protection District/445S. Allison/ Lakewood, CO 80226 4) Fairmont Fire Protection District 14755 Isabel/Golden, CO 80403 5) Law Enforcement Authority c% Jefferson County Sheriff's Office / 200 Jefferson County Pkwy/Golden, CO 80409 6) Jefferson County School District R-111829 Denver West Dr. /Golden, CO 80401 f) A statement on the effect of annexation upon local public school district systems, including estimated number of students generated and the capital construction required to educate such students. Annexation of the Coors at Clear Creek retail facility will have no impact on Jefferson County School District R-1 because the project does not include any residential developments and, therefore, will not generate any student demand for the school district. Prospect Recreation & Park District 4198 Xenon Street Wheat Mae, Colorado 80033 Flora A. Andrus, Board Chair fandrusLwAOL.com, 303-278-8660 Wheat Ridge Community Development 7500 W. 29t1i Ave. Wheat Ridge, CO 80033-8001 Attention: Meredith Reckert, AICO Dear Ms. Reckert: Thank you for providing the documentation regarding the Coors At Clear Creek, Annexation 41 and 92. We do appreciate the update in this area. Upon review of this endeavor, we see that these properties are west of the Cabela/Coors properties. Apparently these are a separate venture, if our observations are accurate. These properties are also within the Prospect Recreation & Park District (Prospect) boundaries as part of our recreation district. We do look forward to continuation of the cooperative effort that was set forth by the Intergovernmental Agreement between the City of Wheat Ridge and Prospect as well as the agreement between Coors and Prospect. This would not only maintain our associations but would also support the agreement that these properties will continue to pay the property tax assessed by PRPD. This is information that we would like to have entered into the findings regarding these properties. If you have any questions, please feel free to contact me via the contact information below. Again, thank you for keeping us informed regarding these matters. Sincerely, d1o¢a p4. 04nd'c" Flora A. Andrus Board Chair Prospect Recreation & Park District 4198 Xenon Street, Wheat Ridge, CO, 80033 Ph. 303-278-8660 Fx. 303-278-1544 Email: fandrus@AOL.com EXHIBIT `A' LEGAL DESCRIPTION of ANNEXATION LANDS ANNEX #l October 30, 2008 BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S 1/2) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4) BEARS NORTH 00°22'44" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), NORTH 00°22'44" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°22'44" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED, AND BEING THE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81°12'11" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85000'54" WEST, 480.94 FEET TO A POINT; THENCE LEAVING SAID BOUNDARY, NORTH 32°29'03" WEST, 189.48 FEET TO A POINT ON THE BOUNDARY OF SAID REAL PROPERTY AS DESCRIBED AT RECEPTION No. 2007136692; THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1. NORTHEASTERLY ALONG A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 52047'22" EAST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39°35'49", FOR AN ARC LENGTH OF 276.44 FEET TO A POINT OF NON- TANGENCY; 2. NORTH 32040'24" EAST, 57.33 FEET TO A POINT; 3. SOUTH 57019'36" EAST, 10.00 FEET TO A POINT; 4. NORTH 32040'24" EAST, 57.33 FEET TO A TANGENT CURVE TO THE RIGHT CONCAVE SOUTHEASTERLY; 5. NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 46033'18" EAST AND HAS A CHORD LENGTH OF 283.10 FEET, THROUGH A CENTRAL ANGLE OF 27°45'48", FOR AN ARC LENGTH OF 285.89 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102-H AS DES "gRM ' ;,g IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; PUBLIC WORKS DATE 103~bg RECEIVED <o ~al~o 6 ~i° p d 4AlA&x #',W # - ,eEV,se'5 THENCE ALONG SAID SOUTH LINE, NORTH 87000'55" EAST, 741.24 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PLAT OF CABELAS COORS SUBDIVISION FILING No. 1, AMENDED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: SOUTH 01045'57" WEST, 141.60 FEET TO A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY; SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 505.40 FEET, AND WHOSE LONG CHORD BEARS SOUTH 28011'16" WEST AND HAS A CHORD LENGTH OF 451.18 FEET, THROUGH A CENTRAL ANGLE OF 53001'14", FOR AN ARC LENGTH OF 467.69 FEET TO THE POINT OF BEGINNING. CONTAINING 545,083 SQUARE FEET OR 12.513 ACRES OF LAND, MORE OR LESS. End of Legal Description. Frank M. Zwolinski, P.L.S. For and on Behalf of CLC Associates, Inc. Colorado License No. 38060 FA\2008\08-0074 - Coors Property\Survey\_Legals\ANNEX # 1-revised 10-30-08.doe 1r ~ . ~N 1 9, TOWNSHIP 3 ~IDIAN, COUNTY ~F h:. t .,"1, F 1 J_ . . ~ ~ , r.~x , ` ,w ` : WBSt 44th AV~MW~ _ _ _ _ _ _ _ _ rv89~os~25"E _ 2649.75'~~,---0 a~' r ! yy~v~ X11 ,-1 ~un~ Qt~vet ~r SS9'06'03"W 2429.60' (M)' , ,k; 8RASS , a ~ ~ ::><<, GRID N: 1707815.680 FOUND 3" ~DAM. BRASS UND 3-1 /4" BRASS GRID E: 3096481.490 CAP,IW~RANGE BOX, ~ CAP, ILLEGIBLE r~~ r . ! I~ g ~ ~ ¢ ~ F. ~ tea ~ \ . i ` E J f LONGA7-10509'24.278" ILLEGIBLE (ACCEPIE AS ~?r'os (ACCEPTED AS EAST CENTER 1/4 COR EC 19) o^o~{ 1/4 COR SEC 19) 7 . , r:, ® ~ ~ ~ F u. ~ ~ ~ ~ a .r.: ; r 4.. ~ ~ V ~ ~ , ` 1 nwnr H, ~ s~ ~ y ..V - yy n r ~ t. ~ w +Mwwawyx+ws u G~L ~ ~2 , ~ ~ ~ ~ ~ N t"f ~ ~ r+ F ~ f t ` k' + ~ ' + ~ ~ $ ~ F .....-~--4 r ~ Q ~ ~ f ,..~1 1 d J ~ ~ ,r ~ . ~ r ~ . ~ ~ ~ ® , ; iw~.~' < T ~ \ z .Y. ...,.,...,.~•.,A,.i.~,~..~......«.,.... .w...,,.,,.,~..~" Y. 1 k IPL°11•CJ/IC~~Y~i 4 Y wvb. h 4 y',.'- f h:. r ~ o.: .v .c A ~ \ k ~ n F z q _ a a ~ 1 3 . 1 t NOT T OS A L' 0 N " 0011 45 W 14.08 ~ } S86° " 15 04 j E 26 0.84 T'~ ^S Z L i 4 Imo.. z 0 a t . u~ ~ } ~i C7 ~d ~ h f. O MONUMENT FOUND, AS NOTED ~ b Q N C~~"9P~~P~a C~~~G~~ oQ Qe / F'UI~II Ur ~t~INNING 1 !1 h~ {t~~f,4y~it,,r^,~n non` n n r-~~ 1r{~+;n` n ry(n r-~ } 1 t4~~ i i~Sr~J~N _f_~7 U~{_ t t- ~ F i ~ - ~iZf~ - - - ~ ~ ~ D=61 "15 06 R=50404 CALCULATED Q ~ ~ DO~JQL~ W - , ~ I -F~~I F'~p (M) MEASURED o 'ti i ~R~ RECORD ~1 GRID N' 1706542.013 ~ r"C GRID E: 3094321.740 LA TIPJDE: 39'4'22.030" EXISTING CITY OF WHEAT RIDGE LIMITS ~aNnrur/105'09'S1.995" p~~- ~ EXISTING CITY OF WHEAT RIDGE LIMITS CONTIGUOUS WITH PROPOSED ANNEXATION BOUNDARY i EXISTING PARCEL OR LQT LINE D=6'31'53" r - - PUBLIC LANDS SURVEY SECTION LINE R=1323.78' L=150.90' ~ ~ ~ _ ~ NEW CITY OF WHEAT RIDGE BOUNDARY Ch8=S88'28'3~"w PER THIS ANNEXATION ChL-150.82' ■ LEGAL DESCRIPTIQN ~~r m PREPARED UNDER THE DIRECT 9U PERVi9 iDN DF' FRANK M. ZWD~.iN9Ki~ P.L.9. IL U COLORADO i_iGENJE ND. 3i3Ofi0 FDR AND DN BEHALF tr1F ANNEXABLE LANDS DF" CL.C A99DC1ATE9 BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN i r. i CQRRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN 1"HE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A 1 PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF .o P_ . _~~4,~e.„..~ WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S 1/2) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE dF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: t # , COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (5W 1/4) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW ~x ~ ~ ~ ~ .A 9 1/4) BEARS NORTH 00'22'44" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARWGS =r HEREIN RELATED THERETO; 7 ~ @g a a THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW t/4), NORTH 00'22'44" I WEST, 1321.03 FEET Td THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SOUTHWEST QUARTER (SW 1/4); i THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00'22'44" WEST, 171,61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED, AND BEING 1HE POINT OF BEGINNING; OWNERSHIP LISTIN THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: CONTIGUITY TABU 1. SOUTH 81'12'11" WEST, 438.70 FEET TO A POINT; i Z _ ~ ~ i,;l tt D D ~ 2. SOUTH 85'00'54" WEST, 480.94 FEET TO A POINT; CURRENT OWNERS) OFPFZ~P~$EQ j F- • THENCE LEAVING SAID BOUNDARY, NORTH 32'29'03" WEST, 189.48 FEET TO A POINT ON THE ~~TION LAN[}S: a ~ Q. BOUNDARY OF SAID REAL PROPERTY AS DESCRIBED AT RECEPTION No. 2007136692; i Y"r i THENCE ALONG SAID BOUNDARY THE FOLLOWWG FIVE (5) COURSES: LENGTH OF EXISTING WHEATRIDC~BOU COINCIDENT WITH ~ . d Z~v 1. NORTHEASTERLY ALONG ANON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY, PROPOSED ANNEXATION L.AIVDS: ® ~ Z HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 52'47'22" EAST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF LENGTH OF TOTAL BOUNDARY OFPROP 39'35'49", FOR AN ARC LENGTH dF 276.44 FEET TO A POINT OF NON-TANGENCY; ,q~,~~gTION LAN[}S: _aD Z ~z- !rt v~~ ~ 2. NORTH 32'40'24" EAST, 57,33 FEET TO A POINT; ~ - > 3. SOUTH 57'19'36" EAST, 10.00 FEET TO A POINT; LENGTH RATIO OF PROPOSEDANNEXATI 4. NORTH 32'40'24" EAST, 57.33 FEET TO A TANGENT CURVE TO THE RIGHT CONCAVE 1 J ~ l Y ~c _ ~ W H I.J ~ ii / / # 1 SOUTHEASTERLY; TO EXISTING C~ITIGUOUS WHEAT RIL)G 5. NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 590.Q0 FEET, AND WHOSE (.e a # # 1 1 # # LONG CHORD BEARS NORTH 46'33'18'EAST AND HAS A CHORD LENGTH ~f 283.10 FEET, TOTAL AREA OF PROPOSED ANNEXATION THROUGH A CENTRAL ANGLE OF 27'45'48", FOR AN ARC LENGTH OF 285.89 FEET TO A r POWT dN THE SOUTH LINE OF PARCEL 102-H AS DESCRIBED AND CONVEYED IN THAT n l l W A~~ a CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; Z Q ~ D THENCE ALONG SAID SOUTH LINE, NORTH 87'00'55" EAST, 741.24 FEET TO A POINT ON THE r- / # # 80UNDARY OF THAT CERTAIN PLAT OF CABELAS COORS SUBDIVISION FILING No. 1, AMENDED; 3 THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: DRAWN BY: FMZ SOUTH 01'45'57" WEST, 141.60 FEET TO ANON-TANGENT CURVE TO THE LEFT CONCAVE STATEMENT OF ACCU NORTHWESTERLY; DE51CN ED BY: FMZ CHECKED BY: FMZ . SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 505.40 FEET, AND WHOSE LONG ninon Qcnoc cni iru ~sz~i i', c" u~rcr n ~~n ~ ~ ~ c n ni innn ~ ~~~nT~ ~ , ~ ~~~T T, _s-... Jf 1. ~ _ ~Y l a jxju III I_u I I lu YYL.]1 rvv nr,J r UnvRU LrNU in yr /rj . o rtt inttwurt THE GEODETIC POINT COORDINATE DATE SHOWN HEREI A CENTRAL ANGLE OF 53'01'14", FOR AN ARC LENGTH OF 467.69 FEET TO THE POINT OF SYSTEM OF 1983, CENTRAL ZONE 0502, AND HAS A )M NFRFIN HAS RFFN DFRIVFD FRnM TNF rani nRAnn nnnun►nl ATF PQIn ❑ncfc ("\c 0rAMIKIr~c. C nI ITI I r) n r)rSf A A51 t-A rI-r A n nr-rrr-ni lliIr-n nrr,,,r r-„ l LL- POINTS; THIS ANNEXATION MAP WAS FILED FOR RECORD IN THE OFFICE OF THE JEFFERSON COUNTY, COLORADO CLERK AND RECORDER ON THE _ _ DAY OF BEGINNING. FEET AT THE 95% CONFIDENCE LEVEL, AS DEFINED IN 2008. CONTAINING 545,083 SQUARE FEET OR 12.513 ACRES OF LAND, MORE OR LESS. FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGDC-S End of Legal Description. { 6-11 a 000NTY CLERK AND RECORDER DEPUTY SHEET 1/1 CITY OF Ar RIDGE Y PUBLIC INORK8 DATE [f :a RECEIVED m ~t TIRE WHEAT RIDGE TRANSCRIPT 1000 10th Street, Golden, CO 90401 t.1, C Stauffer, am the agent of The Golden Transcript, newspaper print- ed and published in the city of Golden, County of Jefkraon and State of Colorado, and has personal knowledge of all the facts set forth in this affidavit; 2, That the said newspaper is printed and published once each week on Thursday, and that it has a general circulation in the City of Golden and in the County of Jefferson and elsewhere, delivered by carriers or transmitted by mail to each of the subscribers of said paper, according to the accustomed mode of business in this office; 3. That the said newspaper was established and has been printed and published in the said City of Golden and the County of Jefferson unintemlpted and con- tinuously during a period of at least 52 Consecutive weeks next prior to the first Issue there-of containing said publication, a copy of which is hereto attached; 4. That the said newspaper is a weekly newspaper of general circulation, and is printed and published in whole or In part in the City of Golden and the said County of Jefferson in which said publication is required by law to be pub- lished, a copy of which is hereunto attached; 5. That the said newspaper is a weekly newspaper qualified to publish legal notices, as defined by the Statutes of the State of Colorado; 6. That said acwspaper had, prior to January 1, 1936, and has ever since that date, been admitted to the United States mail as second class matter under the provi- sions of the Act of March 3, 1979, or any amendments thereto; 7. That the said annexed publication was published in the regular and entire edi- ion of the Golden Transcript, a duly qualified weekly newspaper for that pur- pose, within the terms and means of the Statutes of the State of Colorado; S. That the said annexed publication is a full, true, and correct copy of the original which was regularly published in each of the regular and entire issues of the Golden Transcript, a legally qualified paper for that purpose, once each weak, on the same day of each week, for 4 sucemssive weeks, by _L Insertions, and that the first publication thereof was in the October 9,,=; and that the last publica- tion was in the October 30. 2008. Subscribed and sworn to before me this day of October 30, 201)R. lly; STATE OF COLORADO SS rawly ajeatrsan witin" my hand end aftteiat seal Nowt' NNW UM PAR i0ii MOrAW PaauC VAN M 001.0I111eO M 0ara11rat Irrlte AN R go NOTICE OF PUBLIC HEARING On September 22. 2009, me meet Ridge City Council adapted Rewludim No, 49. Serles 2005, B Rl4elgdon totaling a paddi for annexation al a PeN cal of land located In Section 19. Township 3 Doubt Range as West of the Blxm PringlpBl Meddlen. Colmry Of JeSaroon, SNro of Colorado, 10 be in eub'- slander Compllanaa Wlm S41OUDO 91.11 Colorado dale to' q De W ql NOTICE IG HEREBY GIVEN of a publlo hearing before the City Pmlnall of the City of Wheat Ridge, ' Colorado, to determine If the proposed snnexsdun damplles with Sections 31.12-104 end 31-12.105. C.R.S., or eueb part thereof as may pd NgUlred m establish eligibility under me terms of T1lla 31, Article 72 Pan 1. Be emended. known as the ManlNpel ArmaANlah Act of 1005, and Iho CCrndlulltin of Ina State of Colorado, Allots It. Section W. sa,emend- dd. The hearing will take pleas on November 10, 2005 At 7;03 P.M. or ae dean rte possible IhofeaDN, at the Gy Council Chambers aL.7500 Wast 201h Avenue, Wheat FIRII CClergeO, Any person may apponr at onto hearing and Present avl&nee upon any matter to be determined by the City COUncII., The property Propoeed for ennexetWn is morespar, (lousily dededhed ep Iellawal, LEGAL DR$CRIP77ON of ANNEXATION LANDS ANNE2e1, CABB NO. ANX-03.01 BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DSBP ON FILE AT RECEPTION No. 20DB04QSO IN THE ORRICE OF TWE CLERIC AND RECORDER OF THE COUNTY OF JEFFER• SON, STATE OF COLORADO, TOGETHER WITH A PORTION OF THATCERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF AT ALL 53°73`37" EAST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39.31 FOR AN AMC LENGTH OF 270,44 FEET TO A POINT OF NON-TANGENCY; 2. NORTH 33.06'30° EAST 5733 PENT W A POINT: 3. SOUTH Si EAST, 10.00 FEET TO A POINT, 4. NORTH 35.0596" EAST„67.30 FEEM ATAN• GENT CURVE TO THE RIGHT CONCAVE SOUTH- EASTERLY; 6. NORTHEASTERLY ALONG SAID CURVE, HAV- ING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARD NORTH 41`3612^ EAST AND HAD A CHORD LENGTH OF 271.19 FEET, THROUGH A CENTRAL ANGLE OF 27-04'05", FOR AN ARC' LENGTH OF 270-70 FEET TO A POINT ON THE SOUTH NNE OF PAROSL 102-H AS DESCRIBED AND CONVEYED IN THAT CER; TAIN DEED IN BOOK 2227 AT PAGES 537-531; THENCE ALONG SAID SOUTH LIN@. NORTH 07.01'50" EAST, 745.30 FEET TO A POW ON THE BOUNDARY OF THAT CERTAIN PLAT OF CABELAS COORS BUBDIVIGION FILING No. L AMENDED; THENCE ALONG SAID BOUNDARY THE FOL- LOWING TWO (2) COURBEB: , SOUTH 0114$67' WEST, 141,87 FEET TOA NOW TANGENT CURVE TO THE LEFT CONCAVE NORTHW@SYERLYt ' GOUTHWEITERLY ALONG SAID CURVE. MOV- ING A RADIUS OF~ 5o5.40 #BEI,, AND. WHOSE LONG CHORD BEARD GOUTN20111'191 WEST AND HAS A CHORD LENGTH OF 461.15 FEET, THROUGH A CENTRAL `ANGLE OF 53101'14-. FOR AN ARC LENGTH 00 407,09 FEET TO THE POINT OF BEGINNING. CONTAINING 667,438 SQUARE FEET OR iiii ACRES OF LAND, MORE OA LESS. divan and posted this day of October. 2506. MI61401,5now. City Clerk PUbllohed In me Wheat Ridge Trnnaodpl ones Per week for lour (4) conaeoudve Weeks beginning Colbbar 9. 2008. EahI91Li Reeolutbn No. A9 TITLE: I A RESOLUTION FINDING A PEI TOM FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTION 19. TOWNSHIP 3 SOUTH, WHEREAS; or wdhen petition for annexation is the City'al Wheat Ridge, Colorado of a Monte yaroel of land e4'doacribed In e0edneq.ExhWp A was Bled w@h Me Oily OIOrk and mTefrad by-him tolhe'CIV NORTH OYSIT44' WEST, i32L03.FEE7 TO THE WHEREAS. Pursuant w C.R.B. Sadden 31.12.107, SOUTHEAST CORNER OF THE NORTWfiAB7 tale Oily Counmll. 01I as the governing hady of the. QUARTER INE ONE-0UAFlTER) .OP, SAID City of Wheat Ridge, Colorado, has reviewed the RDI ITWWaFT.nuaRT9W iRW nNF.01 I4RTFR\ Pollton to determine Wha[her"thm'hes bean sub- THENCE ALONG SAID BOUNDARY 714E'FOL LOWING TWO (2) COURSED: 1, SOUTH 91112111" WEST, 436.70 FEET TO A POINT; 2, SOUTH.A$tgD.lp4'-WEST '40,04,11BET,70 A CURVE TO TNB 4@IT'OGNCAV@ WORTNWBBN ERLT HAVING A RADIUS DF'400,CO FEET,'AND. WHGS6• BONG CHORD' BE'AHSn'NO,HT71 EREPORE, BE IT RESOLVED BY ' COUNCIL OF THE CRY OF WHEAT OLORADO, AB FOLLOWS: The wdhon Will for artaki allon spa compllea 'wllh C.R.B. Session 31'•12• ' Apub9c Deering on said pmllAgn apelrbe Or 7:00-Om on the 1 thin dairArNOvembar. Septlon 30, as amended, Jr Sooll y Any person may appeeretealdheadng and Preeenl evldanee Upon any Mader to be'doter- mineh by the City Council. figgpplL4, This rewiutton q,ell oe sXective Imme- dEfoly upon adoption, RESOLVED AND PASSED this 22nd- day of September, 2000. Jerry Orrullle, Meyer ATTEST. Micheal Shim, City Clark LEGAL DE LEGAL DESCRIPTION of ANNEXATION LANDS CAS 01 E CABS NO. O. R-p_B•01 ' BEING PO THAT CERTAIN REAL PROPEIR10Y IN THAT CERTAIN CORRECTION AS DESCRIBED ION DEED ON FILE AT RECEPTION No. 2000044289 T W THE OFFICE TH9 CLof THE COUNTY OF OF JCL E19K AND RECORDER RK AND AND CONVEYED TO RIDGE AT RECEPTION No, ear IG WITHIN THE SOUTH HALF F SECTION 19, TOWNSHIP 3 09 WEST OF, THE SIXTH. PI AS FOLLOWB; ' I OQVMENCINO AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW ONE- OUARTERI OF SAID SECTION 10, FROM WHENCE THE NOMTHEABT CORNER OF SAID' SOUTHWEST QUARTER (OW ONE-gUAFi7Eq) BEARS NORTH 00"20'641 WESTA OIDTANCS OF ' 2542.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW ONELIUARTER), NORTH 00°22'44' WEST 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST O11 III (NE ONE:QUARTER)' OF „PAID SOUTHWEST QUARTER (SW ONE•OUARTER); THENCE CONTINUING ALONG' SAID EAST LINE, I NORTH 00°22'44^ WEST. 171:81 FEET TO A POINT ON THE BOUNDARY OF SAID CORREC- TION DEED, AND DOING THE POINT OP BRGIN- (LONG SAID BOUNDARY THE POL- WO (2) COURBEBI 81.72'11• WEST,' 431 FEET TO A 1110e091 YlEST 400,04 FELT TO A SAID 1, NORTHEASTERLY ALONG A NON-TANGENT CURVE TO THB'LEPT CONCAVENORTHWEST- ERLY, HAVING A RADIUS OF 400.00 FEET AND WHOSE LONG CHORD BEARD NORTH E5119'3T EAST AND HAS A CHORD LENGTH OF 270.87 FEET, THROUGHA CENTRAL ANGLE OF 39°36'49', POR AN ARC' LENGTH OF 2*44 FELT TO A POINT OF NON-TANOBNCY: 2. NORTH. 33'0639^ EAST 57.33 FEET TO A POINT, 3. SOUTH 05.03'21^ EAST, 10.00 FEET TO A POINT IL NOFT H33105'09" EABT'S733 FEET TO A TAN- GENT CURVETO, THE RIGHT CONCAVM000TH- EASTERLY; 5. NORfT1BAS.TENLYALONG SAID CURVE,11AV- ING A RADIUS OF 690.00 FBBT, AND WHORE LONG CHORD BEARS NORTH 4011 EAST AND HAS A CHORD LENGTH OF 270.16 I. THROUGH A CBNSRAL ANGLE OF 21-04'Da•, FOR AN AHO LENGTH OF 876.73 FEET TO A POW ONTHE SOUTH LINE OF PARCEL 10if-Ti AD DESCRIBED AND CCNVEYED IN THAT°OER- TAIN DEED IN BOOK 2227 AT PAGES 527.SSI I THENCE ALONG SAID SOUTH LINE, NORTH BTD['59" EAST 746,30 FEET TO A POINT ON THE•BOUNDARV OF THAT CERTAIN PLAT OF CABELAB'000RS SUBDIVISION FILING NO. 1, AMRNPED;' ' THENCE ALONG SAID BOUNDARY THE FOL- LOWING TWO (2) COUWBBS: SOUTH.01°4047" WEST, 141.87 FEETTO A NON- TANGENT CURVE TO THE LEFT CONCAVE NORTNWESTBRLY[ SOUTHWESTERLY ALONG SAID CURVE, I ING A RADIUS OF 596.40 FEET AND, WHORE LONG CHORD BEARD SOUTH 29.11'10" WEST AND HAS A CHORD LENGTH OF 461.19 FEET, THROUGH' A CENTRAL ANGLE OF 63.01114", FOR 'AN ARC LENGTH OF 607.09 F98T TO VMS POINT OF BEGINNINO, CONTAINING 547,430 SQUARE FELT OR 12.567 ACRES OF LAND, MORE OR LESS. PbbIlMedl Wheel Ridge Transcript 08510215 First Pgbllcellon Oorobor 9, ZOOS Les[ PUblloathn Crabber 30, 8006 NOTICE OF PUBLIC HEARING On September 22, 2008, the Wheat Ridge City Council adopted Resolution No. 49, Series 2008, a Resolution finding a petition for annexation of a parcel of land located in Section 19, Township 3 South Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado, to be in substantial compliance with Section 31-12-107(1), Colorado Revised Statutes and setting a hearing date to consider the annexation. A copy of said Resolution is attached hereto as Exhibit 1. NOTICE IS HEREBY GIVEN of a public hearing before the City Council of the City of Wheat Ridge, Colorado, to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., or such part thereof as may be required to establish eligibility under the terms of Title 31, Article 12, Part 1, as amended, known as the Municipal Annexation Act of 1965, and the Constitution of the State of Colorado, Article II, Section 30, as amended. The hearing will take place on November 10, 2008 at 7:00 p.m. or as soon as possible thereafter, at the City Council Chambers at 7500 West 29th Avenue, Wheat Ridge, Colorado. Any person may appear at said hearing and present evidence upon any matter to be determined by the City Council. The property proposed for annexation is more particularly described as follows: LEGAL DESCRIPTION of ANNEXATION LANDS ANNEX #1 CASE NO. ANX-08-01 BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S ONE-HALF) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW ONE- QUARTER) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW ONE-QUARTER) BEARS NORTH 00°22'44" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW ONE-QUARTER), NORTH 00022'44" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE ONE-QUARTER) OF SAID SOUTHWEST QUARTER (SW ONE-QUARTER); THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°22'44" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED, AND BEING THE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81012'11" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85000'54" WEST, 480.94 FEET TO A POINT; THENCE LEAVING SAID BOUNDARY, NORTH 31038115" WEST, 196.39 FEET TO A POINT ON THE BOUNDARY OF SAID REAL PROPERTY AS DESCRIBED AT RECEPTION No. 2007136692; THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1. NORTHEASTERLY ALONG A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 53013'37" EAST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39035'49", FOR AN ARC LENGTH OF 276.44 FEET TO A POINT OF NON-TANGENCY; 2. NORTH 33006'39" EAST, 57.33 FEET TO A POINT; 3. SOUTH 56053'21" EAST, 10.00 FEET TO A POINT; 4. NORTH 33006'39" EAST, 57.33 FEET TO A TANGENT CURVE TO THE RIGHT CONCAVE SOUTHEASTERLY; 5. NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 46038'42" EAST AND HAS A CHORD LENGTH OF 276.15 FEET, THROUGH A CENTRAL ANGLE OF 27°04'05", FOR AN ARC LENGTH OF 278.73 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102-H AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE, NORTH 87001'58" EAST, 745.30 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PLAT OF CABELAS COORS SUBDIVISION FILING No. 1, AMENDED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: SOUTH 01045'57" WEST, 141.67 FEET TO A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY; SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 505.40 FEET, AND WHOSE LONG CHORD BEARS SOUTH 28011'16" WEST AND HAS A CHORD LENGTH OF 451.18 FEET, THROUGH A CENTRAL ANGLE OF 53°01'14", FOR AN ARC LENGTH OF 467.69 FEET TO THE POINT OF BEGINNING. CONTAINING 547,436 SQUARE FEET OR 12.567 ACRES OF LAND, MORE OR LESS. Given and posted this I day of October, 2008. Michael Snow, Ci Clerk Published in the Wheat Ridge Transcript once per week for four (4) consecutive weeks beginning October 9, 2008. City of 39rWheatdge ITEM NO: li As REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: September 22, 2008 TITLE: RESOLUTION NO. 49-2008 - A RESOLUTION FINDING A PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTION 199 TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), COLORADO REVISED STATUTES AND SETTING A PUBLIC HEARING DATE TO CONSIDER THE ANNEXATION. (CASE NO. ANX -08-01) ❑ PUBLIC HEARING ❑ BIDSIMOTIONS ® RESOLUTIONS ❑ ORDINANCES FOR IT READING ❑ ORDINANCES FOR 2ND READING ® NO City Manager EXECUTIVE SUMMARY: An annexation petition was submitted to the City on August 29, 2008 by Coors Brewing Company who owns the property located south of Highway 58 and west of Cabela's/Coors Subdivision, Filing No. 2. The Municipal Annexation Act establishes the procedures for annexation of unincorporated territory by a municipality. The first step is the presentation of the annexation petition to City Council and the determination by City Council whether the property in question is eligible for annexation under the statutes, and if so, setting a hearing date to consider the annexation. Under the statutes, territory is eligible to be annexed if more than 50% of the owners of more than 50% of the land sought to be annexed sign the annexation petition, at least 1/6 of the boundary of the land sought to be annexed is contiguous with the current City boundary, that a community of interest exists between the area proposed to be annexed and the annexing municipality, that the area is urban or will be urban in the near future, and that said area is or is capable of being integrated with the annexation municipality. None. Only City Council acts upon annexation petitions. STATEMENT OF THE ISSUES: The decision to annex a property is a legislative decision of City Council. The 1/6 contiguity requirement is met. The petitioner represents more than 50% of the landowners owning more than 50% of the land proposed for annexation. The area is surrounded by urban development and the area is capable of being integrated with the City. The area meets the annexation eligibility requirements established in the Municipal Annexation Act. This petition is being considered with a companion petition for adjacent property to the west in order to meet the contiguity requirement. The City is required to zone the property within 90 days of adoption of the annexation petition. It is anticipated that a subdivision plat and zoning request will be forthcoming. ALTERNATIVES CONSIDERED: The City Council has two options to consider with the resolution: 1. Adopt a motion to adopt the resolution. 2. Adopt a motion to deny the resolution. FINANCIAL IMPACT: The annexation of the property will create an immediate responsibility of the city to provide police protection. Given the small size of the property, this should not be a substantial burden. The City will received property tax revenues generated by the improvements on the property. One-time fees for annexation were submitted with the petition. RECOMMENDED MOTION: "I move to adopt Resolution No. 49-2008, finding the proposed annexation to be in substantial compliance with CRS 31-12-107(1) and to be eligible for annexation and setting a first reading date of October 27, 2008, and public hearing date of November 10, 2008." or "I move to deny approval of Resolution No. 49-2008 for the following reasons: It Report prepared by: Sally Payne, Senior Planner Report reviewed by: Ken Johnstone, Director of Community Development ATTACHMENTS- 1. Annexation petition with attachments 2. Resolution No. 49-2008 CITY OF WHEAT RIDGE, COLORADO Resolution No. 49-2008 TITLE: A RESOLUTION FINDING A PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31-12- 107(1), COLORADO REVISED STATUTES AND SETTING A HEARING DATE TO CONSIDER THE ANNEXATION WHEREAS, a written petition for annexation to the City of Wheat Ridge, Colorado of a certain parcel of land as described in attached Exhibit A was filed with the City Clerk and referred by him to the City Council; and WHEREAS, pursuant to C.R.S. Section 31-12-107, this City Council, sitting as the governing body of the City of Wheat Ridge, Colorado, has reviewed the petition to determine whether there has been substantial compliance with C.R.S. 31-12-107(1); and WHEREAS, the City Council has satisfied itself concerning the substantial compliance of the petition with C.R.S. 31-12-107(1). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. The written petition for annexation substantially complies with C.R.S. Section 31-12-107(1). Section 2. A public hearing on said petition shall be conducted at 7:00 pm on the l00` day of November, 2008 at the City of Wheat Ridge Municipal Building which is located at 7500 W. 29th Avenue, Wheat Ridge, Colorado, 80033, to determine if the proposed annexation complies with C.R.S. Sections 21-12-104 and 31-12-105 or such part thereof as may be required to establish eligibility under the terms of Title 31, Article 12, Part 1, as amended, known as the Municipal Annexation Act of 1965, and the Constitution of the State of Colorado, Article II, Section 30, as amended. Section 3. Any person may appear at said hearing and present evidence upon any matter to be determined by the City Council. Section 4. This resolution shall be effective immediately upon adoption. RESOLVED AND PASSED this W 19 day of SePtern G e r 12008. Jt Je D ullio, Mayor ATTEST: Michael Snow, City Clerk 2 PETITION FOR ANNEXATION #1 August 29, 2008 PETITION FOR ANNEXATION TO THE CITY OF WHEAT RIDGE, COLORADO THE UNDERSIGNED, being "Landowners" as defined in C.R.S. § 31-12-103(6), hereby Petition the City of Wheat Ridge for annexation for the following described property and further state: 1. The legal description of the land which Landowners request to be annexed to the municipality is attached hereto as Exhibit "A", hereinafter referred to as the "Property." 2. It is desirable and necessary that the Property. be annexed to the City of Wheat Ridge. 3. The following requirements of C.R.S. § 31-12-104 exist or have been met: a. Not less than 1/6th of the perimeter of the Property is contiguous with the City of Wheat Ridge. b. A community of interest exists between the Property and the City of Wheat Ridge. The Property is urban or will be urbanized in the near future; and the Property is capable of being integrated into the City of Wheat Ridge. 4. None of the limitations provided in C.R.S. § 31-12-105 are applicable and the requirements of that statute have been met because of the following: a. The annexation of the Property will not result in the Property being divided into separate parts or parcels under identical ownership. b. No land area within the Property 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 20 acres or more and having a valuation for assessment in excess of $200,000 for ad valorem tax purposes has been included in the area of the Property to be annexed without the written consent of the landowners thereof. C. No annexation proceedings have been commenced for annexation of any part of the Property by any other municipality. d. The entire width of all streets and alleys to be included within the area annexed are included. Annexation Petition: Interchange Property 1 e. The annexation of the Property will not result in the detachment of area from any school district or the attachment of same to another school district; f. Annexation by the City of Wheat Ridge of the Property will not have the effect of, and will not result in, the denial of reasonable access to landowners, owners of an easement, or owners of a franchise adjoining a platted street or alley, inasmuch as annexation of the Property will not result in annexation of a platted street or alley which is not bounded on both sides by the City of Wheat Ridge. 5. The annexation of the Property will not have the effect of extending a boundary of the City of Wheat Ridge more than three miles in any direction from any point of the municipal boundary in the past 12 months. 6. The Landowners comprise the owners in fee of more than 50 percent of the area of the Property, exclusive of public streets and alleys, and comprise more than 50 percent of the landowners of the Property. The legal description of the land owned by each signer of this petition is shown on Exhibit A. 7. The Landowners request that the City of Wheat Ridge approve the annexation of the Property. 8. This Petition is accompanied by four (4) copies of an annexation boundary map in the form required by C.R.S. § 31-12-102(i)(d) and attached Exhibit B. 9. This instrument may be executed in one or more counterparts, all of which taken together shall constitute the same document. Annexation Petition: Interchange Property 2 O LAN By: RS: STATE OF COLORADO COUNTY OF L, E41r-;gin c~ Subscribed and sworn to before ~X)U`YUGI I~JalK r -Rd--- - Mailing Address: S.S. me this -q__ day of 2008, by Witness my hand and official seal. My commis~Tygps• I I - a- I I , a ~g~t Nota~~ry Phi blic . , t v =1"® i Annexation Petition: Interchange Property 3 AFFIDAVIT OF CIRCULAR IN SUPPORT OF PETITION STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) 24 Wij o ~ ILjft Lr, being first duly sworn states as follows: a. I have circulated the Petition for Annexation to the City of Wheat Ridge set forth herein b. I know the persons whose names are subscribed to the foregoing Petition on behalf of the Landowners. C. The signatures on the foregoing Petition were affixed in my presence and each signature is a true, genuine and correct signature of the person it purports to be. d. To the best of my knowledge and belief, the persons whose names are affixed to the foregoing Petition are authorized to sign such document on behalf of Petitioners. CIRCU R STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) Subscribed and sworn to before me this c~q day of , 2008, by rmu J ~I)n1Y~ Witness my hand and official seal. My commissi~ l t -la ~ s't'~Bt • ~ ~ ~ ~ A ~ ~/1 (CGS NotaryPublic Annexation Petition: Interchange Property 4 EXHIBIT `A' LEGAL DESCRIPTION of ANNEXATION LANDS ANNEX #1 CASE NO. ANX-08-01 BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S 1/2) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4) BEARS NORTH 00°22'44" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), NORTH 00°22'44" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00022'44" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED, AND BEING THE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81012'11" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85000'54" WEST, 480.94 FEET TO A POINT; THENCE LEAVING SAID BOUNDARY, NORTH 31°38'15" WEST, 196.39 FEET TO A POINT ON THE BOUNDARY OF SAID REAL PROPERTY AS DESCRIBED AT RECEPTION No. 2007136692; THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1. NORTHEASTERLY ALONG A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 53013'37" EAST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39°35'49", FOR AN ARC LENGTH OF 276.44 FEET TO A POINT OF NON- TANGENCY; 2. NORTH 33006'39" EAST, 57.33 FEET TO A POINT; 3. SOUTH 56053'21" EAST, 10.00 FEET TO A POINT; 4. NORTH 33006'39" EAST, 57.33 FEET TO A TANGENT CURVE TO THE RIGHT CONCAVE SOUTHEASTERLY; 5. NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 46038'42" EAST AND HAS A CHORD LENGTH OF 276.15 FEET, THROUGH A CENTRAL ANGLE OF 27004'05", FOR AN ARC LENGTH OF 278.73 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102-H AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE, NORTH 87°01'58" EAST, 745.30 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PLAT OF CABELAS COORS SUBDIVISION FILING No. 1, AMENDED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: SOUTH 01045'57" WEST, 141.67 FEET TO A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY; SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 505.40 FEET, AND WHOSE LONG CHORD BEARS SOUTH 28011'16" WEST AND HAS A CHORD LENGTH OF 451.18 FEET, THROUGH A CENTRAL ANGLE OF 53001'14", FOR AN ARC LENGTH OF 467.69 FEET TO THE POINT OF BEGINNING. CONTAINING 547,436 SQUARE FEET OR 12.567 ACRES OF LAND, MORE OR LESS. End of Legal Description. Frank M. Zwolinski, P.L.S. For and on Behalf of CLC Associates, Inc. Colorado License No. 38060 F:\2008\08-0074 -Coors Property\Suivey\_Legals\ANNEX #1-revised 09-11-08.doc City of `WheatRjdge ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: October 27, 2008 TITLE: RESOLUTION NO. 55-2008 AND COUNCIL BILL NO. 18-2008: A RESOLUTION MAKING FINDINGS OF FACT REGARDING A PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTION 199 TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO AND AN ORDINANCE APPROVING THE ANNEXATION (CASE NO. ANX-08-01) ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ® RESOLUTIONS Quasi-judicial: YES pounity ev p e it or EXECUTIVE SUMMARY: ® ORDINANCES FOR 11T READING (10/27/08) ❑ ORDINANCES FOR 2ND READING (11/10/08) ❑ NO DT,4/ City Manager Under the Municipal Annexation Act, the annexation of property to a municipality must be accomplished by ordinance with an accompanying resolution of findings of fact regarding the petition. Adoption of the attached resolution and council bill on first reading sets the public hearing to consider the annexation for which a petition was submitted to the City on August 29, 2008. On September 22, 2008, City Council adopted a resolution finding the proposed annexation to be in substantial compliance with CRS 31-12-107(1) and to be eligible for annexation under the statutes, territory is eligible to be annexed if more than 50% of the owners of more than 50% of the land sought to be annexed sign the annexation petition, at least 1/6 of the boundary of the land sought to be annexed is contiguous with the current City boundary, that a community of interest exists between the area proposed to be annexed and the annexing municipality, that the area is urban or will be urban in the near future, and that said area is or is capable of being integrated with the annexation municipality. COMMISSION/BOARD RECOMMENDATION: None. Only City Council acts upon annexation petitions. STATEMENT OF THE ISSUES: The decision to annex a property is a legislative decision of City Council. The 1/6 contiguity requirement is met. The petitioner represents more than 50% of the landowners owning more than 50% of the land proposed for annexation. The area is surrounded by urban development and the area is capable of being integrated with the City. The area meets the annexation eligibility requirements established in the Municipal Annexation Act. This resolution and ordinance are being considered with a companion petition for adjacent property to the east in order to meet the contiguity requirement. The City is required to zone the property within 90 days of adoption of the annexation petition. It is anticipated that a subdivision plat and zoning request will be forthcoming. ALTERNATIVES CONSIDERED: The City Council has two options to consider with the resolution and council bill: 1. Adopt a motion to adopt the resolution and council bill approving the annexation. 2. Adopt a motion to deny the resolution and council bill. FINANCIAL IMPACT: The annexation of the property will create an immediate responsibility of the city to provide police protection. The City will received property tax revenues generated by the improvements on the property. One-time fees for annexation were submitted with the petition. RECOMMENDED MOTIONS: RESOLUTION "I move to adopt Resolution No. 55-2008, finding the proposed annexation to be in substantial compliance with CRS 31-12-107(1) to be considered at a public hearing held on November 10, 2008." COUNCIL BILL "I move to approve Council Bill No. 18-2008, an ordinance approving an annexation to the City of Wheat Ridge on first reading, order it published, public hearing set for Monday, November 10, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect immediately upon adoption." Or RESOLUTION "I move to table indefinitely Resolution No. 55-2008, finding the proposed annexation to be in substantial compliance with CRS 31-12-107(1) for the following reason(s): COUNCIL BILL I move to table indefinitely Council Bill No. 18-2008, an ordinance approving an annexation to the City of Wheat Ridge for the following reason(s): Report prepared by: Meredith Reckert, Senior Planner Report reviewed by: Ken Johnstone, Director, Community Development ATTACHMENTS: 1. Resolution No. 55-2008 2. Council Bill No. 18-2008 CITY OF WHEAT RIDGE, COLORADO Resolution No. 55-2008 TITLE: A RESOLUTION MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF A PARCEL OF LAND TO THE CITY OF WHEAT RIDGE, COLORADO (CASE NO. ANX-08-01/COORS AT CLEAR CREEK) WHEREAS, the City Council of the City of Wheat Ridge, Colorado, has found a petition for annexation of the hereinafter described parcel of land to be in substantial compliance with the requirements of Section 31-12-107(1), Colorado Revised Statutes; and WHEREAS, the City Clerk has provided notice of public hearing on the proposed annexation by publication once per week for four successive weeks and by certified mail to the Clerk of the Board of County Commissioners, the County Attorney, the school district and to any special district having territory in the area to be annexed; and WHEREAS, the City Council has completed a public hearing to determine if the proposed annexation complies with Sections 31-12-104 and 105, Colorado Revised Statues, to establish eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: That the City Council hereby finds and concludes with regard to the annexation of the territory described in Exhibit A attached hereto and incorporated herein, that not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the existing boundaries of the City; and therefore, because of such contiguity, a community of interest exists between the territory proposed to be annexed and the City; the territory proposed to be annexed is urban or will be urbanized in the near future, and that the territory proposed to be annexed is integrated or is capable of being integrated with the City; and BE IT FURTHER RESOLVED: That the City Council finds and determines that no land held in identical ownership has been divided or included without written consent of the owner thereof; that no annexation proceedings have been commenced by another municipality; that the annexation will not result in the detachment of area from a school district; that the annexation will not result in the extension of a municipal boundary more than three miles; that the City has in place a plan for said three mile area; and that in establishing the boundaries of the area to be annexed the entire width of any street or alley is included within the area annexed. ATTACHMENT I BE IT FURTHER RESOLVED; That an election is not required, and no additional terms or conditions are to be imposed upon the area to be annexed, other than as set forth in the annexation agreement. RESOLVED AND PASSED by the City Council this day of 2008. For: Against: _ Abstain: ATTEST: CITY OF WHEAT RIDGE By: Michael Snow, City Clerk Jerry DiTullio, Mayor [SEAL] 2 Exhibit A LEGAL DESCRIPTION of ANNEXATION LANDS ANNEX #1 CASE NO. ANX-08-01 BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S 1/2) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4) BEARS NORTH 00°22'44" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), NORTH 00°22'44" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°22'44" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED, AND BEING THE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81012'11" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85000'54" WEST, 480.94 FEET TO A POINT; THENCE LEAVING SAID BOUNDARY, NORTH 31°38'15" WEST, 196.39 FEET TO A POINT ON THE BOUNDARY OF SAID REAL PROPERTY AS DESCRIBED AT RECEPTION No. 2007136692; THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1. NORTHEASTERLY ALONG A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 53013'37" EAST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39°35'49", FOR AN ARC LENGTH OF 276.44 FEET TO A POINT OF NON-TANGENCY; 2. NORTH 33006'39" EAST, 57.33 FEET TO A POINT; 3. SOUTH 56053'21" EAST, 10.00 FEET TO A POINT; 4. NORTH 33006'39" EAST, 57.33 FEET TO A TANGENT CURVE TO THE RIGHT CONCAVE SOUTHEASTERLY; 5. NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 46038'42" EAST AND HAS A CHORD LENGTH OF 276.15 FEET, THROUGH A CENTRAL ANGLE OF 27004'05", FOR AN ARC LENGTH OF 278.73 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102- H AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE, NORTH 87001'58" EAST, 745.30 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PLAT OF CABELAS COORS SUBDIVISION FILING No. 1, AMENDED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: SOUTH 01045'57" WEST, 141.67 FEET TO A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY; SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 505.40 FEET, AND WHOSE LONG CHORD BEARS SOUTH 28011'16" WEST AND HAS A CHORD LENGTH OF 451.18 FEET, THROUGH A CENTRAL ANGLE OF 53001'14", FOR AN ARC LENGTH OF 467.69 FEET TO THE POINT OF BEGINNING. CONTAINING 547,436 SQUARE FEET OR 12.567 ACRES OF LAND, MORE OR LESS CITY OF WHEAT RIDGE, COLORADO Council Bill 18-2008 TITLE: AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF WHEAT RIDGE, COLORADO (CASE NO. ANX-08-01/COORS AT CLEAR CREED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. That a Petition for Annexation, together with four (4) copies of the annexation map as required by law, was filed with the City Council on August 29, 2008, by the owners of over fifty percent (50%) of the area of the territory hereinafter described, exclusive of public streets and alleys, and comprising more than fifty percent (50%) of the landowners of the property to be annexed. The City Council, by resolution at a properly noticed meeting on September 22, 2008, accepted said Petition and found and determined that the applicable parts of the Municipal Annexation Act of 1965, as amended, have been met and further determined that an election was not required under the Act and that no additional terms and conditions were to be imposed upon said annexation. Section 2. Annexation Approved. That the annexation to the City of the following described property is hereby approved: BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S 1/2) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4) BEARS NORTH 00°22'44" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), NORTH 00°22'44" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SOUTHWEST QUARTER (SW 1/4); ATTACHMENT 2 THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°2244" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED, AND BEING THE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81°12'11" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85000'54" WEST, 480.94 FEET TO A POINT; THENCE LEAVING SAID BOUNDARY, NORTH 31°38'15" WEST, 196.39 FEET TO A POINT ON THE BOUNDARY OF SAID REAL PROPERTY AS DESCRIBED AT RECEPTION No. 2007136692; THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1. NORTHEASTERLY ALONG A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 53013'37" EAST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39°35'49", FOR AN ARC LENGTH OF 276.44 FEET TO A POINT OF NON-TANGENCY; 2. NORTH 33006'39" EAST, 57.33 FEET TO A POINT; 3. SOUTH 56°53'21" EAST, 10.00 FEET TO A POINT; 4. NORTH 33006'39" EAST, 57.33 FEET TO A TANGENT CURVE TO THE RIGHT CONCAVE SOUTHEASTERLY; 5. NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 46038'42" EAST AND HAS A CHORD LENGTH OF 276.15 FEET, THROUGH A CENTRAL ANGLE OF 27004'05", FOR AN ARC LENGTH OF 278.73 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102- H AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE, NORTH 87°01'58" EAST, 745.30 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PLAT OF CABELAS COORS SUBDIVISION FILING No. 1, AMENDED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: SOUTH 01045'57" WEST, 141.67 FEET TO A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY; SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 505.40 FEET, AND WHOSE LONG CHORD BEARS SOUTH 28011'16" WEST AND HAS A CHORD LENGTH OF 451.18 FEET, THROUGH A CENTRAL ANGLE OF 53°01'14", FOR AN ARC LENGTH OF 467.69 FEET TO THE POINT OF BEGINNING. CONTAINING 547,436 SQUARE FEET OR 12.567 ACRES OF LAND, MORE OR LESS. Section 3. Effective Date. This ordinance shall take effect upon adoption at second reading, as permitted by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _to _On the 27th day of October, 2008, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for November 10, 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of November, 2008. SIGNED by the Mayor on this day of 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: _ Wheat Ridge Transcript: Effective Date: 3 eila City of Wheat~dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building October 16, 2008 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 RE: Coors at Clear Creek Annexation to the City of Wheat Ridge (Annexation #1) - property generally located west of Lot 9, Cabela's/Coors Subdivision, north of Clear Creek and south of Highway 58 at Indiana Street extended (Case No. ANX-08-01) To Whom It May Concern: In compliance with the provisions of the Section 31-12-108(2) C.R.S., please find enclosed a copy of the published public hearing notice, together with a copy of the City Council Action Form approving the resolution and setting the first reading and public hearing dates. Included with the Council Action form is a copy of the Resolution and Annexation Petition with Annexation Map concerning the annexation to the City of Wheat Ridge of territory therein described. The provisions of annexation laws of the State of Colorado require that such mailing be made to the Board of County Commissioners of the County, the County Attorney and to each Special District or School District having territory within the area to be annexed. The applications are proceeding with the annexations first, with zoning on the properties to follow. I will be sending copies of the proposed zoning with development plans, as appropriate, as a referral to Jefferson County Planning and Zoning when they are received by us. If you have questions about the materials, please contact me at 303-235-2848. Sincerely, Meredith Reckert, AICP Senior Planner Enclosures: 1. A copy of the publisher's affidavit as proof of the publication of the notice of the public hearing 2. A signed copy of the Public Hearing Notice 3. A copy of the Council Action Form setting the hearing date 4. A copy of the Annexation Petition 5. A copy of the Annexation Map cc: See attached Distribution List www.ci.wb eatrid ge.co. us . a City of Wheatdge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building October 16, 2008 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 RE: Coors at Clear Creek Annexation to the City of Wheat Ridge (Annexation 91) - property generally located west of Lot 9, Cabela's/Coors Subdivision, north of Clear Creek and south of Highway 58 at Indiana Street extended (Case No. ANX-08-01) To Whom It May Concern: In compliance with the provisions of the Section 31-12-108(2) C.R.S., please find enclosed a copy of the published public hearing notice, together with a copy of the City Council Action Form approving the resolution and setting the first reading and public hearing dates. Included with the Council Action form is a copy of the Resolution and Annexation Petition with Annexation Map concerning the annexation to the City of Wheat Ridge of territory therein described. The provisions of annexation laws of the State of Colorado require that such mailing be made to the Board of County Commissioners of the County, the County Attorney and to each Special District or School District having territory within the area to be annexed. The applications are proceeding with the annexations first, with zoning on the properties to follow. I will be sending copies of the proposed zoning with development plans, as appropriate, as a referral to Jefferson County Planning and Zoning when they are received by us. If you have questions about the materials, please contact me at 303-235-2848. Sincerely, Meredith Reckert, AICP Senior Planner Enclosures: 1. A copy of the publisher's affidavit as proof of the publication of the notice of the public hearing 2. A signed copy of the Public Hearing Notice 3. A copy of the Council Action Form setting the hearing date 4. A copy of the Annexation Petition 5. A copy of the Annexation Map cc: See attached Distribution List www.ci.wheatridge.co.us Distribution List: Jefferson County Board of County Commissioners c/o Marge McDonald 100 Jefferson County Pky. Golden. CO 80419 Ellen Wakeman County Attorney 100 Jefferson County Pky. Golden Colorado 80419 Jim Moore County Administrator 100 Jefferson County Pky. Golden CO 80419-2520 Jefferson County Public School R-1 District 1829 Denver West Dr. Golden, CO 80401 Jefferson County Law Enforcement Authority 900 Jefferson County Pky. Golden. Colorado 80401 Regional Transportation District 1600 Blake St. Denver CO 80202 Prospect Recreation & Park District 4198 Xenon St. Wheat Ridge CO 80033 Fairmount Fire Protection District 4755 Isabell St. Golden CO 80403 Urban Drainage & Flood Control District 2480 W. 26th Ave., 4156B Denver. CO 80211 Consolidated Mutual Water Company 12700 W. 27th Ave. Denver, CO 80215 Scientific & Cultural Facilities District 899 Logan Street, Suite 500 Denver CO 80203 Metropolitan Football Stadium District 1701 Bryant St Ste 500 Denver, CO 80204 Moffat Tunnel Improvement District 1313 Sherman Street, Room 521 C/O Colorado Department Of Local Affairs Denver CO 80203 Longs Peak Metropolitan District c/o Kim J. Seter, Esq. Seter & Vander Wall, P.C. Suite 3300 7400 E. Orchard Rd. Greenwood Village, CO 80111 THE WHEAT RIDGE TRANSCRIPT 1000 10th Street, Golden, CO 80401 1. 1, C StautTer, am the agent of The Golden Transcript, newspaper print- ed and published in the city of Golden, County of Jefferson and State of Colorado, and has personal knowledge of all the facts set forth in this affidavit; 2. 'char the said newspaper is printed and published once each week on Thursday, and that it has a general circulation in the City of Golden and in the County of Jefrerson and elsewhere, delivered by carriers or transmitted by mail to each of the subscribers of said paper, according to the accustomed mode of business in this office; 3. That the said newspaper was established and has been printed and published in the said City of Golden and the County of Jefferson uninterrupted and con- tinuously during a period of at least 52 consecutive weeks next prior to the first Issue Thereof containing said publication, a copy of which is hereto attached; 4. That the said newspaper is a weekly newspaper of general circulation, and is printed and published in whole or in part in the City of Golden and the said County of Jefferson in which said publication is required by law to be pub- lished, a copy of which is hereunto attached; 5. That the said newspaper is a weekly newspaper qualified to publish legal notices, as defined by the Statutes of the State of Colorado; 6. That said newspaper had, prior to January 1, 1936, and has ever since that date. been admitted to the United States mail as second class matter under the provi- sions of the Act of March 3, 1979, or any amendments thereto; 7. That the said annexed publication was published in the regular and entire edi- ion of the Golden Transcript, a duly qualified weekly newspaper for that pur- pose, within the terms and means of the Statutes of the State of Colorado; 8. That the said annexed publication is a full, true, and correct copy of the original which was regularly published in each ofthe regular and entire issues of the Golden Transcript, a legally qualified paper for that purpose, once each week, on the same day of each week, for A- sucecessive weeks, by A- insertions, and that the first publication thereof was in the October 9. 2008; and that the last publica- tion was in the October 30-20L Subscribed and sworn to before me this day of October 30, 2008. ar: _t-7- 2'Lr STATE OF COLORAD SS County orJeffhwn wa01i® UW hxrA wd etneial aid ~O~ Nomy Public KOMI1 AIIIIE RRi MOZART P1 r AT11 or eotctum Is ea.tt unlit u a raaa° NOTICE OF PUBLIC HEARING Oil Septeftlber 22, E00S. Me Wheat Ridge City Council adapted Resolution No. 49. Settee am, e Rneolulbn finding a pedvan for EOneke9an of a per. cel of lend mcaled In Section 19. Ykatu p 3 Soum Range e11 West of the Sam Pdnplpel Meddlan. County of Je9ere0n, Stare 01.00I014tlO, to be In su6'- 9I9n091 compliance wIM Secarm 31.12.107(1), Colorado RevNed Stalums and setting A laying dole to sonsldar Iho enrnxadon. A copy of sold Resolution Is aHaohed hseelo as ExhIbIL1. NOTICE 15 HEREBY GIVEN of a publla hewing before me City Council Mute City al Wheat Ridge, Colorado. to determine If the proposed annexation complies with Sections 3112-104 and 31-12.105, C,R.S•, or Bush pan Ihaveof an may no Mqulre4 to establish eligibility under the tonne M71da 31, Ankle 12. Part 1. 5e amended. known As the Menta1p4t An lyonlah Act Of 1005. and the Curtailment of the Stare of Colorado, Anlclo It. Section 31), marraid- Ba, Th4 hearing will take place on November 10, 2000 at 7;00 p,nl. At ad eaari no p0o01Ne lhsr4a501, at the City Council Oham6Bre &.7500 West 20th Alr nue, Wheat Range. Colorado, Any person may All at said haadn0 And preeanl evidence upon any matter to be determined by the Cty-Cour The property proposed lot annexation to more par, Usually dseorlbetl no +ollowe;, LEGAL DESCRIPTION of ANNEXATION LANDS ANNEXd1 CASE NO. ANX-08.01 HING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED, IN THAT CERTAIN CORRECTION DEED ON FILE AT RECEPTION NO. 2005044288 IN THE OFFICE OF THE CLERK. AND RECORDER OF THE COUNTY OF JEFFEI7 SON. STATE OF COLORADO, TOGETHER WITH TO CITY OF ALL LYING WITHIN THE SOUTH HALF IS ONE- HALF) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, $TATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW ONE- QUARTER) OP SAID SECTION 10, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST OUARYER (SW ONC-QUARTER) SEARS NORTH 00.22'46' WESTA DISTANCE OF 2B42A3 FEE7; WITH ALL BEARINGS HEREIN RELATED THERETO; ' THENCE ALONG THE ;EAST LIME-OF SAID SOUTHWEST QUARTER (SW ONE-QUARTER), NORTH G0°24'44" WEST, 1m.w-FUET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER - (NS ONE-QUAFReR) .OF SAID .171.61 FE YtOF 9.010' THENCE ALONG SAID BOUNDARY THE 'F04• LOWINO TWO (2) COURe@N: 1. SOUTH 8142'11" WEST, 439.70 FEET TO A POINT: 2, SOUTH.eO!u11104" WH51'4B094TEET,TO A POINT; TRENC5;LE4/NG;SAI1D BOUNGARY.-110STH 5343'37" EAST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39'3619°, FOR AN ARC LENGTH OF 270,44 FEET TO A POINT OF NON-TANGENCY. 2. NORTH 3340619" FAST, 6733 F@ET TO A POINT. 3. SOUTH 56°53'21' EAST, 10-00 FEET TO A POINT 4. NORTH 33.06'39° EAST„E7.33 FEETTO ATAN. DENT CURVE TO THE RIGHT CONCAVE SOUTH- EASTERLY; 0. NORTHEASTERLY ALONG SAID CURVE, HAV- ING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 46'38'42^ EAST AND HAG A CHORD LENGTH OF 276.13 FgE1 THROUGH A CENTRAL ANGLE OF 27°04'05", FOR AN ARC' LENGTH OF 270-70 FEET TO A POINT ON THE BOUTH LINE OF PARCEL 102M AS DESCRIBED AND CONVEYED IN THAT CER- TAIN DEED IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE. NORTH B7°01'56" EASY. 746.30 FEET M A POINT ON THE BOUNDARY OF THAT CERTAIN PLAT OF CAGELAS COORG Gk GQIVIS10N FILING No. 1, AMENDED; THENCE ALONG SAID BOUNDARY THE FOL. LOWING TWO (2) COURB@B: 9OlITf 07 °46.37• WEST, 141.87 FEET TO'A NON, TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY; ' 'SOUTHWESTERLY ALONG SAID CURVE, HaV- ING A RADIUS OF, fiONADALr.. AND WHOSE LONG CHORD BEARb OCUTI(2611f'16" WENT AND HAS A CHORD LENGTH OF 461.18 FEET, THROUGH A CENTRAL ANGLE OF 53.01'14'. FOR AN ARC LENGTH OP 407.09 FEET TO THE POINT OF BEGINNING. CONTAINING 6471436 SQUARE FEET OR 12.567. ACRES OF LAND, MORE OR LOBO. Given and posted this- day of October. 2008. A7lehaePSnbw. City Clerk Publlmad In ma Wheat Ridge Transcript once per woek to, four (4) consecutive Weston bogtnnlng October 9. 2006. ' E681111L1 RASOlutbn No. 43 TITLE: • A RESOLUTION FINDING A 1,E17• LOCATED IN SECTION RANGE 02 WEST OF MERIDIAN, COUNTY 01 INS A HEARING s.,nu wmePra ; a'wel0an Paoli for enn040ff0a to the CILYW Wheat Ridge, Colorado ad e con alrl Pamel of lend of described In e0adhe0,E011i)t A wee filed with the Oily QI04( and nfarrad by'hlm tb1hoeOlty Counall;'end WHEREAS. pumuanl la C.R.B. Sadden 31.12.1071 mil City Ceunah. sitting be the GoVeming body of the. City of Wheat Rldqe, Colorado, has revlewed the pollHon to determine whalher4l are'law been sul elanilpl'oamptlstwe with C1R,5'. 91-02.107(,1); and WHEREAS, the City C4uncghas sa6e6edIIIopH. C.R.S. Section CURVE TO RHE 48FT'ObNCAV@WORTHWBGT- 71119 31'L ANlhlo 12,•Pgrt, 1, no ems ERLY, HAVING A RADIUS 11 F'400,00 PGET; AND. 'me LSUnldpal Annexation Act of WN,G36•, UONG CHORD• BERRS d'NONTH Conethuflen of the am "at Celt 0 BY Septlan 30, as amended. 7 Goolloril AnypelscnmayeppeoretealdhBedng and proo m eWtlerin upon Any Mader to ba'deler- mined by this City Council, S&VARUL . This moulvtlon shell as effective Imme. dhtdy upon adapilom, RESOLVED AND PA68ED this 22nd- day of September, 2008. Jerry twulllo, mayor ATTEST. Michael Snow, City Clerk EXHIBIT'A' LEGAL DESCRIPTION Of ANNEXATION LANDS ANNEX 91 CAGE NO. ANX•05.01 ' BEING A PORTON OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DEED ON FIL9 AT RECEPTION AND RECORDEP OFTHECOUNTY OFJEFFER- SON, STATS OF COLORADO, TOOETHE.1 WITH A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF WHEAT RIDGE AT RECEPYION No, 2007129602, ALL LYING WITHIN THE SOUTH HALF (S ONE. HALF) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 49 WEST OF. THE SIXTH• PRINCIPAL CINQ AT THE.SOUTHEAST CORNER SOUTHWEST OUARYER (SW ONE. OF nvnm v~ 11.41- uvcal, 14at.w LL•gl IV IHE SOUTHEAST CORNER OF THE NORTHEAST OUARTER (NE ONEgUART.ER)' OF SAID SOUTHWEST QUARTER (SW ONE-OUARTER); THENCE CONTINUING ALONG SAID EAST LINE, I NORTH 00'22'aO WEST. 171151 FEET TO A POINT ON THE 9OUNDARY OF SAID CORREC- TION DEED, AND BEING THE POINT OF BEGIN. LONG SAID BOUNDARY THE FOL- NO (2) COUPONS; 61.4211" WEST,- 430,70 FEET TO A 0801a'64" WEST, 460,04 FEET TO A THE iNDARY, NORTH TO A POINT ON L PROPERTY AS 1, NORTHEASTERLY. ALONG A NON-TANGENT CURVE TO THE, LEFT CONCAVE NORTHWEST. ERLY, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 1131317' EAGTANO HAS A CHORDLENGTH OF 270.97 FEET, THROUGH•A CENTRAL ANGLE OP 39'35'401, FOR AN ARC' LENGTH OF OIL44 FEET TO A P01NY OF NON•TANG9NC'G 2, NORTH. 33.08'39' EAST, 57.g3 FEET TO A 115'89'21' EAST, 10.90 FEET TO A 3°00'99"P 47,,'07.33FEETTOATAN- fETOTHE RIGHT CONCAVE•000VH• LONG CHORD BEARS NORTH 411%'42" EAST AND HAS A. CHORD LENGTH OF 279,16 FEET. FOR AN ARC LENGTH OF 276.73 FEET TO A POINT ONTHE SOUTH LINE OF PANCEL 1i AN DESCRIBED AND CONVEYED IN THATOER. ' TAIN USED IN BOOK 2227 AT RAGES $27-691; THENCE ALONG SAID SOUTH LINE, NORTH 87°01'58° EAST, 74B,3D FEET. TO A POINT ON THE 43CUNDARY OF THAT CERTAIN PLAT OF CABELAS'000R9 SUBDIVISION PILING NO. 1, AMEN011W THENCE ALONG SAID BOUNDARY THE FOG ALONG SAID CURVE. HAV- LONG CHORD BEARS SOUTH 211'11'10" WEST AND HAS A CHORD LENGTH OF 461.111 FEET, THROUGH' A CENTRAL ANGLE OF 93°01'14", FOR'AN ARC LENGTH OF 4107.09 FEET TO THB POINT OF aEDINNINLy CONTAINING 547;430 SQUARE FEET OR 13.667 ACRES OF LAND, MORE OR LESS. Published: Wham Rlegs Tlenecrlpi 05519215 MIAMI PubgogHOn October 3, 2003 Leal Publlaadon Carbon, 30, 2000 NOTICE OF PUBLIC HEARING On September 22, 2008, the Wheat Ridge City Council adopted Resolution No. 49, Series 2008, a Resolution finding a petition for annexation of a parcel of land located in Section 19, Township 3 South Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado, to be in substantial compliance with Section 31-12-107(1), Colorado Revised Statutes and setting a hearing date to consider the annexation. A copy of said Resolution is attached hereto as Exhibit 1. NOTICE IS HEREBY GIVEN of a public hearing before the City Council of the City of Wheat Ridge, Colorado, to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., or such part thereof as may be required to establish eligibility under the terms of Title 31, Article 12, Part 1, as amended, known as the Municipal Annexation Act of 1965, and the Constitution of the State of Colorado, Article II, Section 30, as amended. The hearing will take place on November 10, 2008 at 7:00 p.m. or as soon as possible thereafter, at the City Council Chambers at 7500 West 29th Avenue, Wheat Ridge, Colorado. Any person may appear at said hearing and present evidence upon any matter to be determined by the City Council. The property proposed for annexation is more particularly described as follows: LEGAL DESCRIPTION of ANNEXATION LANDS ANNEX #1 CASE NO. ANX-08-01 BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S ONE-HALF) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW ONE- QUARTER) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW ONE-QUARTER) BEARS NORTH 00°22'44" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW ONE-QUARTER), NORTH 00°22'44" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE ONE-QUARTER) OF SAID SOUTHWEST QUARTER (SW ONE-QUARTER); THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°22'44" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED, AND BEING THE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81012'11" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85000'54" WEST, 480.94 FEET TO A POINT; THENCE LEAVING SAID BOUNDARY, NORTH 31038'15" WEST, 196.39 FEET TO A POINT ON THE BOUNDARY OF SAID REAL PROPERTY AS DESCRIBED AT RECEPTION No. 2007136692; THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1. NORTHEASTERLY ALONG A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 53013'37" EAST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39035'49", FOR AN ARC LENGTH OF 276.44 FEET TO A POINT OF NON-TANGENCY; 2. NORTH 33006'39" EAST, 57.33 FEET TO A POINT; 3. SOUTH 56°53'21" EAST, 10.00 FEET TO A POINT; 4. NORTH 33006'39" EAST, 57.33 FEET TO A TANGENT CURVE TO THE RIGHT CONCAVE SOUTHEASTERLY; 5. NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 46038'42" EAST AND HAS A CHORD LENGTH OF 276.15 FEET, THROUGH A CENTRAL ANGLE OF 27°04'05", FOR AN ARC LENGTH OF 278.73 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102-H AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE, NORTH 87°01'58" EAST, 745.30 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PLAT OF CABELAS COORS SUBDIVISION FILING No. 1, AMENDED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: SOUTH 01045'57" WEST, 141.67 FEET TO A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY; SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 505.40 FEET, AND WHOSE LONG CHORD BEARS SOUTH 28011'16" WEST AND HAS A CHORD LENGTH OF 451.18 FEET, THROUGH A CENTRAL ANGLE OF 53°01'14", FOR AN ARC LENGTH OF 467.69 FEET TO THE POINT OF BEGINNING. CONTAINING 547,436 SQUARE FEET OR 12.567 ACRES OF LAND, MORE OR LESS. Given and posted this L day of October, 2008. Michael Snow, Ci Clerk Published in the Wheat Ridge Transcript once per week for four (4) consecutive weeks beginning October 9, 2008. City of ~`7~Theat~dge ITEM NO: 1. A. REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: September 22, 2008 TITLE: RESOLUTION NO. 49-2008 - A RESOLUTION FINDING A PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1)9 COLORADO REVISED STATUTES AND SETTING A PUBLIC HEARING DATE TO CONSIDER THE ANNEXATION. (CASE NO. ANX -08-01) ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ® RESOLUTIONS ❑ ORDINANCES FOR 1sT READING ❑ ORDINANCES FOR 2ND READING ® NO City Manager EXECUTIVE SUMMARY: An annexation petition was submitted to the City on August 29, 2008 by Coors Brewing Company who owns the property located south of Highway 58 and west of Cabela's/Coors Subdivision, Filing No. 2. The Municipal Annexation Act establishes the procedures for annexation of unincorporated territory by a municipality. The first step is the presentation of the annexation petition to City Council and the determination by City Council whether the property in question is eligible for annexation under the statutes, and if so, setting a hearing date to consider the annexation. Under the statutes, territory is eligible to be annexed if more than 5001* of the owners of more than 50% of the land sought to be annexed sign the annexation petition, at least 1 /6 of the boundary of the land sought to be annexed is contiguous with the current City boundary, that a community of interest exists between the area proposed to be annexed and the annexing municipality, that the area is urban or will be urban in the near future, and that said area is or is capable of being integrated with the annexation municipality. None. Only City Council acts upon annexation petitions. STATEMENT OF THE ISSUES: The decision to annex a property is a legislative decision of City Council. The 116 contiguity requirement is met. The petitioner represents more than 50% of the landowners owning more than 500/o of the land proposed for annexation. The area is surrounded by urban development and the area is capable of being integrated with the City. The area meets the annexation eligibility requirements established in the Municipal Annexation Act. This petition is being considered with a companion petition for adjacent property to the west in order to meet the contiguity requirement. The City is required to zone the property within 90 days of adoption of the annexation petition. It is anticipated that a subdivision plat and zoning request will be forthcoming. ALTERNATIVES CONSIDERED: The City Council has two options to consider with the resolution: 1. Adopt a motion to adopt the resolution. 2. Adopt a motion to deny the resolution. FINANCIAL IMPACT: The annexation of the property will create an immediate responsibility of the city to provide police protection. Given the small size of the property, this should not be a substantial burden. The City will received property tax revenues generated by the improvements on the property. One-time fees for annexation were submitted with the petition. "I move to adopt Resolution No. 49-2008, finding the proposed annexation to be in substantial compliance with CRS 31-12-107(1) and to be eligible for annexation and setting a first reading date of October 27, 2008, and public hearing date of November 10, 2008." or "I move to deny approval of Resolution No. 49-2008 for the following reasons: Report prepared by: Sally Payne, Senior Planner Report reviewed by: Ken Johnstone, Director of Community Development ATTACHMENTS- 1. Annexation petition with attachments 2. Resolution No. 49-2008 CITY OF WHEAT RIDGE, COLORADO Resolution No. 49-2008 TITLE: A RESOLUTION FINDING A PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31-12- 107(1), COLORADO REVISED STATUTES AND SETTING A HEARING DATE TO CONSIDER THE ANNEXATION WHEREAS, a written petition for annexation to the City of Wheat Ridge, Colorado of a certain parcel of land as described in attached Exhibit A was filed with the City Clerk and referred by him to the City Council; and WHEREAS, pursuant to C.R.S. Section 31-12-107, this City Council, sitting as the governing body of the City of Wheat Ridge, Colorado, has reviewed the petition to determine whether there has been substantial compliance with C.R.S. 31-12-107(1); and WHEREAS, the City Council has satisfied itself concerning the substantial compliance of the petition with C.R.S. 31-12-107(1). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. The written petition for annexation substantially complies with C.R.S. Section 31-12-107(1). Section 2. A public hearing on said petition shall be conducted at 7:00 pm on the 10th day of November, 2008 at the City of Wheat Ridge Municipal Building which is located at 7500 W. 291h Avenue, Wheat Ridge, Colorado, 80033, to determine if the proposed annexation complies with C.R.S. Sections 21-12-104 and 31-12-105 or such part thereof as may be required to establish eligibility under the terms of Title 31, Article 12, Part 1, as amended, known as the Municipal Annexation Act of 1965, and the Constitution of the State of Colorado, Article II, Section 30, as amended. Section 3. Any person may appear at said hearing and present evidence upon any matter to be determined by the City Council. Section 4. This resolution shall be effective immediately upon adoption. RESOLVED AND PASSED this ~a""day of SepfemLex 12008. ,A' Je D ullio, Mayor ATTEST: Michael Snow, City Clerk PETITION FOR ANNEXATION #1 August 29, 2008 PETITION FOR ANNEXATION TO THE CITY OF WHEAT RIDGE, COLORADO THE UNDERSIGNED, being "Landowners" as defined in C.R.S. § 31-12-103(6), hereby Petition the City of Wheat Ridge for annexation for the following described property and further state: 1. The legal description of the land which Landowners request to be annexed to the municipality is attached hereto as Exhibit "A", hereinafter referred to as the "Property." 2. It is desirable and necessary that the Property be annexed to the City of Wheat Ridge. 3. The following requirements of C.R.S. § 31-12-104 exist or have been met: a. Not less than 1/6th of the perimeter of the Property is contiguous with the City of Wheat Ridge. b. A community of interest exists between the Property and the City of Wheat Ridge. The Property is urban or will be urbanized in the near future; and the Property is capable of being integrated into the City of Wheat Ridge. 4. None of the limitations provided in C.R.S. § 31-12-105 are applicable and the requirements of that statute have been met because of the following: a. The annexation of the Property will not result in the Property being divided into separate parts or parcels under identical ownership. b. No land area within the Property 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 20 acres or more and having a valuation for assessment in excess of $200,000 for ad valorem tax purposes has been included in the area of the Property to be annexed without the written consent of the landowners thereof. C. No annexation proceedings have been commenced for annexation of any part of the Property by any other municipality. d. The entire width of all streets and alleys to be included within the area annexed are included. Annexation Petition: Interchange Property e. The annexation of the Property will not result in the detachment of area from any school district or the attachment of same to another school district; f. Annexation by the City of Wheat Ridge of the Property will not have the effect of, and will not result in, the denial of reasonable access to landowners, owners of an easement, or owners of a franchise adjoining a platted street or alley, inasmuch as annexation of the Property will not result in annexation of a platted street or alley which is not bounded on both sides by the City of Wheat Ridge. 5. The annexation of the Property will not have the effect of extending a boundary of the City of Wheat Ridge more than three miles in any direction from any point of the municipal boundary in the past 12 months. 6. The Landowners comprise the owners in fee of more than 50 percent of the area of the Property, exclusive of public streets and alleys, and comprise more than 50 percent of the landowners of the Property. The legal description of the land owned by each signer of this petition is shown on Exhibit A. 7. The Landowners request that the City of Wheat Ridge approve the annexation of the Property. 8. This Petition is accompanied by four (4) copies of an annexation boundary map in the form required by C.R.S. § 31-12-102(1)(d) and attached Exhibit B. 9. This instrument may be executed in one or more counterparts, all of which taken together shall constitute the same document. Annexation Petition. Interchange Property 2 O LAN By: S: STATE OF COLORADO Mailing Address: nn S.S. COUNTY OF ~IF~ YPY I ) Subscribed and sworn to before me this ,2,~- day of, 2008, by ~rnuv I I,~k:,f Kx r arm--- Witness my hand and official seal My commis~ipr-Fyvg!- 11-0-H `'........tCij, ii Notary blic l UB.L Annexation Petition: Interchange Property 3 AFFIDAVIT OF CIRCULAR IN SUPPORT OF PETITION STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) 24 ml~ L ~r- being first duly sworn states as follows: a. I have circulated the Petition for Annexation to the City of Wheat Ridge set forth herein b. I know the persons whose names are subscribed to the foregoing Petition on behalf of the Landowners. C. The signatures on the foregoing Petition were affixed in my presence and each signature is a true, genuine and correct signature of the person it purports to be. d. To the best of my knowledge and belief, the persons whose names are affixed to the foregoing Petition are authorized to sign such document on behalf of Petitioners. CIRCU R STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) Subscribed and sworn to before me this day of "Aj a (j Sf , 2008, by Witness my hand and official seal. my commissi1 m f j.. ~ cOL~ Notary Pu lic Annexation Petition: Interchange Property 4 EXHIBIT `A' LEGAL DESCRIPTION of ANNEXATION LANDS ANNEX #1 CASE NO. ANX-08-01 BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S 1/2) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4) BEARS NORTH 00°22'44" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), NORTH 00°22'44" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°22'44" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED, AND BEING THE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81012'11" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85°00'54" WEST, 480.94 FEET TO A POINT; THENCE LEAVING SAID BOUNDARY, NORTH 31°38'15" WEST, 196.39 FEET TO A POINT ON THE BOUNDARY OF SAID REAL PROPERTY AS DESCRIBED AT RECEPTION No. 2007136692; THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1. NORTHEASTERLY ALONG A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 53013'37" EAST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39035'49", FOR AN ARC LENGTH OF 276.44 FEET TO A POINT OF NON- TANGENCY; 2. NORTH 33006'39" EAST, 57.33 FEET TO A POINT; 3. SOUTH 56053'21" EAST, 10.00 FEET TO A POINT; 4. NORTH 33006'39" EAST, 57.33 FEET TO A TANGENT CURVE TO THE RIGHT CONCAVE SOUTHEASTERLY; 5. NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 46038'42" EAST AND HAS A CHORD LENGTH OF 276.15 FEET, THROUGH A CENTRAL ANGLE OF 27°04'05", FOR AN ARC LENGTH OF 278.73 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102-H AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE, NORTH 87°01'58" EAST, 745.30 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PLAT OF CABELAS COORS SUBDIVISION FILING No. 1, AMENDED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: SOUTH 01045'57" WEST, 141.67 FEET TO A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY; SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 505.40 FEET, AND WHOSE LONG CHORD BEARS SOUTH 28011'16" WEST AND HAS A CHORD LENGTH OF 451.18 FEET, THROUGH A CENTRAL ANGLE OF 53°01'14", FOR AN ARC LENGTH OF 467.69 FEET TO THE POINT OF BEGINNING. CONTAINING 547,436 SQUARE FEET OR 12.567 ACRES OF LAND, MORE OR LESS End of Legal Description. Frank M. Zwolinski, P.L.S. For and on Behalf of CLC Associates, Inc. Colorado License No. 38060 F:\2008\08-0074 -Coots Property\Survey\_Legals\ANNEX #1-revised 09-11-08.doc Distribution List: Jefferson County Board of County Commissioners c/o Marge McDonald 100 Jefferson County Pky. Golden. CO 80419 Ellen Wakeman County Attorney 100 Jefferson County Pky. Golden. Colorado 80419 Jim Moore County Administrator 100 Jefferson County Pky. Golden, CO 80419-2520 Jefferson County Public School R-1 District 1829 Denver West Dr. Golden, CO 80401 Jefferson County Law Enforcement Authority 900 Jefferson County Pky. Golden, Colorado 80401 Regional Transportation District 1600 Blake St. Denver, CO 80202 Prospect Recreation & Park District 4198 Xenon St. Wheat Ridge, CO 80033 Fairmount Fire Protection District 4755 Isabell St. Golden, CO 80403 Urban Drainage & Flood Control District 2480 W. 26th Ave., #156B Denver, CO 80211 Consolidated Mutual Water Company 12700 W. 27th Ave. Denver, CO 80215 Scientific & Cultural Facilities District 899 Logan Street, Suite 500 Denver, CO 80203 Metropolitan Football Stadium District 1701 Bryant St Ste 500 Denver. CO 80204 Moffat Tunnel Improvement District 1313 Sherman Street, Room 521 C/O Colorado Department Of Local Affairs Denver, CO 80203 Longs Peak Metropolitan District c/o Kim J. Seter, Esq. Seter & Vander Wall, P.C. Suite 3300 7400 E. Orchard Rd. Greenwood Village, CO 80111 Distribution List: , Gp 8003 Jefferson County a3'c) Board of County Commissioners a c/o Marge McDonald a 100 Jefferson County Pky. 4 y, Ellen Wakeman County Attorney 100 Jefferson County Pky. Golden. Colorado 80419 Jim Moore County Administrator 100 Jefferson County Pky. Golden. CO 80419-2520 Jefferson County Public School R-1 District 1829 Denver West Dr. Golden. CO 80401 Jefferson County Law Enforcement Authority 900 Jefferson County Pky. Golden. Colorado 80401 Regional Transportation District 1600 Blake St. Denver CO 80202 Prospect Recreation & Park District 4198 Xenon St. Wheat Ridge CO 80033 Fairmount Fire Protection District 4755 Isabell St. Golden. CO 80403 Urban Drainage & Flood Control District 2480 W. 26th Ave., #156B Denver CO 80211 Consolidated Mutual Water Company 12700 W. 27th Ave. Denver. CO 80215 Scientific & Cultural Facilities District 899 Logan Street, Suite 500 Denver. CO 80203 Metropolitan Football Stadium District 1701 Bryant St Ste 500 Denver CO 80204 Moffat Tunnel Improvement District 1313 Sherman Street, Room 521 C/O Colorado Department Of Local Affairs Denver CO 80203 Longs Peak Metropolitan District c/o Kim J. Seter, Esq. Seter & Vander Wall, P.C. Suite 3300 7400 E. Orchard Rd. Greenwood Village, CO 80111 >7008 0150 0003 4502 7477 7008 0150 0003 4502 7484 7008 0150 0003 4502 7507 7008 0150 0003 4502 7514 7008 0150 0003 4502 7521 7008 0150 0003 4502 7538 7008 0150 0003 4502 7545 7008 0150 0003 4502 7552 7008 0150 0003 4502 7576 7008 0150 0003 4502 7569 7008 0150 0003 4502 7583 7008 0150 0003 4502 7590 7008 0150 0003 4502 7606 7008 0150 0003 4502 7491 2 NOTICE OF PUBLIC HEARING On September 22, 2008, the Wheat Ridge City Council adopted Resolution No. 49, Series 2008, a Resolution finding a petition for annexation of a parcel of land located in Section 19, Township 3 South Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado, to be in substantial compliance with Section 31-12-107(1), Colorado Revised Statutes and setting a hearing date to consider the annexation. A copy of said Resolution is attached hereto as Exhibit 1. NOTICE IS HEREBY GIVEN of a public hearing before the City Council of the City of Wheat Ridge, Colorado, to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., or such part thereof as may be required to establish eligibility under the terms of Title 31, Article 12, Part 1, as amended, known as the Municipal Annexation Act of 1965, and the Constitution of the State of Colorado, Article II, Section 30, as amended. The hearing will take place on November 10, 2008 at 7:00 p.m. or as soon as possible thereafter, at the City Council Chambers at 7500 West 29th Avenue, Wheat Ridge, Colorado. Any person may appear at said hearing and present evidence upon any matter to be determined by the City Council. The property proposed for annexation is more particularly described as follows: LEGAL DESCRIPTION of ANNEXATION LANDS ANNEX #1 CASE NO. ANX-08-01 BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S ONE-HALF) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW ONE- QUARTER) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW ONE-QUARTER) BEARS NORTH 00°22'44" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW ONE-QUARTER), NORTH 00°22'44" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE ONE-QUARTER) OF SAID SOUTHWEST QUARTER (SW ONE-QUARTER); THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°22'44" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED, AND BEING THE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81012'11" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85000'54" WEST, 480.94 FEET TO A POINT; THENCE LEAVING SAID BOUNDARY, NORTH 31038'15" WEST, 196.39 FEET TO A POINT ON THE BOUNDARY OF SAID REAL PROPERTY AS DESCRIBED AT RECEPTION No. 2007136692; THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1. NORTHEASTERLY ALONG A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 53013'37" EAST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39°35'49", FOR AN ARC LENGTH OF 276.44 FEET TO A POINT OF NON-TANGENCY; 2. NORTH 33006'39" EAST, 57.33 FEET TO A POINT; 3. SOUTH 56053'21" EAST, 10.00 FEET TO A POINT; 4. NORTH 33006'39" EAST, 57.33 FEET TO A TANGENT CURVE TO THE RIGHT CONCAVE SOUTHEASTERLY; 5. NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 46038'42" EAST AND HAS A CHORD LENGTH OF 276.15 FEET, THROUGH A CENTRAL ANGLE OF 27004'05", FOR AN ARC LENGTH OF 278.73 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102-H AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE, NORTH 87001'58" EAST, 745.30 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PLAT OF CABELAS COORS SUBDIVISION FILING No. 1, AMENDED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: SOUTH 01045'57" WEST, 141.67 FEET TO A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY; SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 505.40 FEET, AND WHOSE LONG CHORD BEARS SOUTH 28011'16" WEST AND HAS A CHORD LENGTH OF 451.18 FEET, THROUGH A CENTRAL ANGLE OF 53°01'14", FOR AN ARC LENGTH OF 467.69 FEET TO THE POINT OF BEGINNING. CONTAINING 547,436 SQUARE FEET OR 12.567 ACRES OF LAND, MORE OR LESS. Given and posted this ~ day of October, 2008 Michael Snow, Ci Clerk Published in the Wheat Ridge Transcript once per week for four (4) consecutive weeks beginning October 9, 2008. Exhibit 1 Resolution No. 49 Series of 2008 TITLE: A RESOLUTION FINDING A PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), COLORADO REVISED STATUTES AND SETTING A HEARING DATE TO CONSIDER THE ANNEXATION WHEREAS, a written petition for annexation to the City of Wheat Ridge, Colorado of a certain parcel of land as described in attached Exhibit A was filed with the City Clerk and referred by him to the City Council; and WHEREAS, pursuant to C.R.S. Section 31-12-107, this City Council, sitting as the governing body of the City of Wheat Ridge, Colorado, has reviewed the petition to determine whether there has been substantial compliance with C.R.S. 31-12-107(1); and WHEREAS, the City Council has satisfied itself concerning the substantial compliance of the petition with C.R.S. 31-12-107(1). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. The written petition for annexation substantially complies with C.R.S. Section 31-12-107(1). Section 2. A public hearing on said petition shall be conducted at 7:00 pm on the 10`h day of November, 2008 at the City of Wheat Ridge Municipal Building which is located at 7500 W. 29`h Avenue, Wheat Ridge, Colorado, 80033, to determine if the proposed annexation complies with C.R.S. Sections 31-12-104 and 31-12-105 or such part thereof as may be required to establish eligibility under the terms of Title 31, Article 12, Part 1, as amended, known as the Municipal Annexation Act of 1965, and the Constitution of the State of Colorado, Article II, Section 30, as amended. Section 3. Any person may appear at said hearing and present evidence upon any matter to be determined by the City Council. Section 4. This resolution shall be effective immediately upon adoption. RESOLVED AND PASSED this day of 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk EXHIBIT `A' LEGAL DESCRIPTION of ANNEXATION LANDS ANNEX #1 CASE NO. ANX-08-01 BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S ONE-HALF) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW ONE- QUARTER) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW ONE-QUARTER) BEARS NORTH 00°22'44" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW ONE-QUARTER), NORTH 00°22'44" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE ONE-QUARTER) OF SAID SOUTHWEST QUARTER (SW ONE-QUARTER); THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°22'44" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED, AND BEING THE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81012'11" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85000'54" WEST, 480.94 FEET TO A POINT; THENCE LEAVING SAID BOUNDARY, NORTH 31°38'15" WEST, 196.39 FEET TO A POINT ON THE BOUNDARY OF SAID REAL PROPERTY AS DESCRIBED AT RECEPTION No. 2007136692; THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1. NORTHEASTERLY ALONG A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 53013'37" EAST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39°35'49", FOR AN ARC LENGTH OF 276.44 FEET TO A POINT OF NON-TANGENCY; 2. NORTH 33006'39" EAST, 57.33 FEET TO A POINT; 3. SOUTH 56053'21" EAST, 10.00 FEET TO A POINT; 4. NORTH 33006'39" EAST, 57.33 FEET TO A TANGENT CURVE TO THE RIGHT CONCAVE SOUTHEASTERLY; 5. NORTHEASTERLY ALONG SAH) CURVE, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 46038'42" EAST AND HAS A CHORD LENGTH OF 276.15 FEET, THROUGH A CENTRAL ANGLE OF 27004'05", FOR AN ARC LENGTH OF 278.73 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102-H AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE, NORTH 87°01'58" EAST, 745.30 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PLAT OF CABELAS COORS SUBDIVISION FILING No. 1, AMENDED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: SOUTH 01045'57" WEST, 141.67 FEET TO A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY; SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 505.40 FEET, AND WHOSE LONG CHORD BEARS SOUTH 28011'16" WEST AND HAS A CHORD LENGTH OF 451.18 FEET, THROUGH A CENTRAL ANGLE OF 53°01'14", FOR AN ARC LENGTH OF 467.69 FEET TO THE POINT OF BEGINNING. CONTAINING 547,436 SQUARE FEET OR 12.567 ACRES OF LAND, MORE OR LESS. eel City of ✓ l ZZ- o Y rWheatR, dge 1 ITEM NO: REQUEST FOR CITY COUNCIL ACTION Ili Nil COUNCIL MEETING DATE: September 22, 2008 TITLE: RESOLUTION NO. 49-2008 - A RESOLUTION FINDING A PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), COLORADO REVISED STATUTES AND SETTING A PUBLIC HEARING DATE TO CONSIDER THE ANNEXATION. (CASE NO. ANX -08-01) ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ® RESOLUTIONS Quasi-judicial: ❑ ORDINANCES FOR 11T READING ❑ ORDINANCES FOR 2ND READING ® NO r~ City Manager EXECUTIVE SUMMARY: An annexation petition was submitted to the City on August 29, 2008 by Coors Brewing Company who owns the property located south of Highway 58 and west of Cabela's/Coors Subdivision, Filing No. 2. The Municipal Annexation Act establishes the procedures for annexation of unincorporated territory by a municipality. The first step is the presentation of the annexation petition to City Council and the determination by City Council whether the property in question is eligible for annexation under the statutes, and if so, setting a hearing date to consider the annexation. Under the statutes, territory is eligible to be annexed if more than 50% of the owners of more than 50% of the land sought to be annexed sign the annexation petition, at least 1/6 of the boundary of the land sought to be annexed is contiguous with the current City boundary, that a community of interest exists between the area proposed to be annexed and the annexing municipality, that the area is urban or will be urban in the near future, and that said area is or is capable of being integrated with the annexation municipality. COMMISSION/BOARD RECOMMENDATION: None. Only City Council acts upon annexation petitions. STATEMENT OF THE ISSUES: The decision to annex a property is a legislative decision of City Council. The 1/6 contiguity requirement is met. The petitioner represents more than 50% of the landowners owning more than 50% of the land proposed for annexation. The area is surrounded by urban development and the area is capable of being integrated with the City. The area meets the annexation eligibility requirements established in the Municipal Annexation Act. This petition is being considered with a companion petition for adjacent property to the west in order to meet the contiguity requirement. The City is required to zone the property within 90 days of adoption of the annexation petition. It is anticipated that a subdivision plat and zoning request will be forthcoming. ALTERNATIVES CONSIDERED: The City Council has two options to consider with the resolution: 1. Adopt a motion to adopt the resolution. 2. Adopt a motion to deny the resolution. FINANCIAL IMPACT: The annexation of the property will create an immediate responsibility of the city to provide police protection. Given the small size of the property, this should not be a substantial burden. The City will received property tax revenues generated by the improvements on the property. One-time fees for annexation were submitted with the petition. "I move to adopt Resolution No. 49-2008, finding the proposed annexation to be in substantial compliance with CRS 31-12-107(1) and to be eligible for annexation and setting a first reading date of October 27, 2008, and public hearing date of November 10, 2008." or "I move to deny approval of Resolution No. 49-2008 for the following reasons: Report prepared by: Sally Payne, Senior Planner Report reviewed by: Ken Johnstone, Director of Community Development ATTACHMENTS: 1. Annexation petition with attachments 2. Resolution No. 49-2008 PETITION FOR ANNEXATION #1 August 29, 2008 PETITION FOR ANNEXATION TO THE CITY OF WHEAT RIDGE, COLORADO THE UNDERSIGNED, being "Landowners" as defined in C.R.S. § 31-12-103(6), hereby Petition the City of Wheat Ridge for annexation for the following described property and further state: 1. The legal description of the land which Landowners request to be annexed to the municipality is attached hereto as Exhibit "A", hereinafter referred to as the "Property." 2. It is desirable and necessary that the Property be annexed to the City of Wheat Ridge. 3. The following requirements of C.R.S. § 31-12-104 exist or have been met: a. Not less than 1/6th of the perimeter of the Property is contiguous with the City of Wheat Ridge. b. A community of interest exists between the Property and the City of Wheat Ridge. The Property is urban or will be urbanized in the near future; and the Property is capable of being integrated into the City of Wheat Ridge. 4. None of the limitations provided in C.R.S. § 31-12-105 are applicable and the requirements of that statute have been met because of the following: a. The annexation of the Property will not result in the Property being divided into separate parts or parcels under. identical ownership. b. No land area within the Property 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 20 acres or more and having a valuation for assessment in excess of $200,000 for ad valorem tax purposes has been included in the area of the Property to be annexed without the written consent of the landowners thereof. C. No annexation proceedings have been commenced for annexation of any part of the Property by any other municipality. d. The entire width of all streets and alleys to be included within the area annexed are included. Annexation Petition: Interchange Property 1 ATTACHMENT 7 e. The annexation of the Property will not result in the detachment of area from any school district or the attachment of same to another school district; f. Annexation by the City of Wheat Ridge of the Property will not have the effect of, and will not result in, the denial of reasonable access to landowners, owners of an easement, or owners of a franchise adjoining a platted street or alley, inasmuch as annexation of the Property will not result in annexation of a platted street or alley which is not bounded on both sides by the City of Wheat Ridge. 5. The annexation of the Property will not have the effect of extending a boundary of the City of Wheat Ridge more than three miles in any direction from any point of the municipal boundary in the past 12 months. 6. The Landowners comprise the owners in fee of more than 50 percent of the area of the Property, exclusive of public streets and alleys, and comprise more than 50 percent of the landowners of the Property. The legal description of the land owned by each signer of this petition is shown on Exhibit A. 7. The Landowners request that the City of Wheat Ridge approve the annexation of the Property. 8. This Petition is accompanied by four (4) copies of an annexation boundary map in the form required by C.R.S. § 31-12-102(1)(d) and attached Exhibit B. 9. This instrument may be executed in one or more counterparts, all of which taken together shall constitute the same document. Annexation Petition: Interchange Property 2 LAN DO RS: By: Mailing Address: STATE OF COLORADO ) S.S. COUNTY OF J&f~ YSbn Subscribed and sworn to before me this 29 day of , 2008, by ucll~JnlKel and Witness my hand and official seal. My commis I Notary~t)blic d U^>••. e'i1Bfl.IC. ; ~0O N• R. Annexation Petition: Interchange Property AFFIDAVIT OF CIRCULAR IN SUPPORT OF PETITION STATE OF COLORADO ) s.s. COUNTY OF JEFFERSON ) 2miwj ~ raAUr, being first duly sworn states as follows: a. I have circulated the Petition for Annexation to the City of Wheat Ridge set forth herein b. I know the persons whose names are subscribed to the foregoing Petition on behalf of the Landowners. C. The signatures on the foregoing Petition were affixed in my presence and each signature is a true, genuine and correct signature of the person it purports to be. d. To the best of my knowledge and belief, the persons whose names are affixed to the foregoing Petition are authorized to sign such document on behalf of Petitioners. CIRCU R STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) Subscribed and sworn to before me this c~q_ day of Qr,t 2008, by Witness my hand and official seal. My r nn /l i )Jl ((6LC ~y iARy'•. j Notary' Public PU /0 0r cov'.' Annexation Petition: Interchange Property 4 EXHIBIT `A' LEGAL DESCRIPTION of ANNEXATION LANDS ANNEX #1 CASE NO. ANX-08-01 BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S 1/2) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4) BEARS NORTH 00°2244" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), NORTH 00°22'44" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°2244" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED, AND BEING THE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81012'11" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85000'54" WEST, 480.94 FEET TO A POINT; THENCE LEAVING SAID BOUNDARY, NORTH 31°38'15' WEST, 196.39 FEET TO A POINT ON THE BOUNDARY OF SAID REAL PROPERTY AS DESCRIBED AT RECEPTION No. 2007136692; THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1. NORTHEASTERLY ALONG A NON-TANGENT CURVE TO. THE LEFT CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 53013'37" EAST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39°35'49", FOR AN ARC LENGTH OF 276.44 FEET TO A POINT OF NON- TANGENCY; 2. NORTH 33006'39" EAST, 57.33 FEET TO A POINT; 3. SOUTH 56053'21" EAST, 10.00 FEET TO A POINT; 4. NORTH 33006'39" EAST, 57.33 FEET TO A TANGENT CURVE TO THE RIGHT CONCAVE SOUTHEASTERLY; 5. NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 46038'42" EAST AND HAS A CHORD LENGTH OF 276.15 FEET, THROUGH A CENTRAL ANGLE OF 27004'05', FOR AN ARC LENGTH OF 278.73 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102-H AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE, NORTH 87°01'58" EAST, 745.30 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PLAT OF CABELAS COORS SUBDIVISION FILING No. 1, AMENDED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: SOUTH 01045'57" WEST, 141.67 FEET TO A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY; SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 505.40 FEET, AND WHOSE LONG CHORD BEARS SOUTH 28011'16" WEST AND HAS A CHORD LENGTH OF 451.18 FEET, THROUGH A CENTRAL ANGLE OF 53°01'14", FOR AN ARC LENGTH OF 467.69 FEET TO THE POINT OF BEGINNING. CONTAINING 547,436 SQUARE FEET OR 12.567 ACRES OF LAND, MORE OR LESS End of Legal Description. Frank M. Zwolinski, P.L.S. For and on Behalf of CLC Associates, Inc. Colorado License No. 38060 F:\2008\08-0074 - Coors Property\Survey\_Legals\ANNEX #1-revised 09-11-08.doc CITY OF WHEAT RIDGE, COLORADO Resolution No. 49-2008 TITLE: A RESOLUTION FINDING A PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31-12- 107(1), COLORADO REVISED STATUTES AND SETTING A HEARING DATE TO CONSIDER THE ANNEXATION WHEREAS, a written petition for annexation to the City of Wheat Ridge, Colorado of a certain parcel of land as described in attached Exhibit A was filed with the City Clerk and referred by him to the City Council; and WHEREAS, pursuant to C.R.S. Section 31-12-107, this City Council, sitting as the governing body of the City of Wheat Ridge, Colorado, has reviewed the petition to determine whether there has been substantial compliance with C.R.S. 31-12-107(1); and WHEREAS, the City Council has satisfied itself concerning the substantial compliance of the petition with C.R.S. 31-12-107(1). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. The written petition for annexation substantially complies with C.R.S. Section 31-12-107(1). Section 2. A public hearing on said petition shall be conducted at 7:00 pm on the 10`h day of November, 2008 at the City of Wheat Ridge Municipal Building which is located at 7500 W. 29s Avenue, Wheat Ridge, Colorado, 80033, to determine if the proposed annexation complies with C.R.S. Sections 21-12-104 and 31-12-105 or such part thereof as may be required to establish eligibility under the terms of Title 31, Article 12, Part 1, as amended, known as the Municipal Annexation Act of 1965, and the Constitution of the State of Colorado, Article II, Section 30, as amended. Section 3. Any person may appear at said hearing and present evidence upon any matter to be determined by the City Council. ATTACHMENT 2 Section 4. This resolution shall be effective immediately upon adoption. RESOLVED AND PASSED this day of 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk 2 EXHIBIT `A' LEGAL DESCRIPTION of ANNEXATION LANDS ANNEX #1 CASE NO. ANX-08-01 BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S 1/2) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4) BEARS NORTH 00°2244" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), NORTH 00°22'44" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°22'44" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED, AND BEING THE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81012'11" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85000'54" WEST, 480.94 FEET TO A POINT; THENCE LEAVING SAID BOUNDARY, NORTH 31°38'15" WEST, 196.39 FEET TO A POINT ON THE BOUNDARY OF SAID REAL PROPERTY AS DESCRIBED AT RECEPTION No. 2007136692; THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1. NORTHEASTERLY ALONG A. NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 53013'37" EAST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39°35'49", FOR AN ARC LENGTH OF 276.44 FEET TO A POINT OF NON- TANGENCY; 2. NORTH 33006'39" EAST, 57.33 FEET TO A POINT; 3. SOUTH 56053'21" EAST, 10.00 FEET TO A POINT; 4. NORTH 33006'39" EAST, 57.33 FEET TO A TANGENT CURVE TO THE RIGHT CONCAVE SOUTHEASTERLY; 5. NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 46038'42" EAST AND HAS A CHORD LENGTH OF 276.15 FEET, THROUGH A CENTRAL ANGLE OF 27°04'05", FOR AN ARC LENGTH OF 278.73 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102-H AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE, NORTH 87°01'58" EAST, 745.30 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PLAT OF CABELAS COORS SUBDIVISION FILING No. 1, AMENDED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: SOUTH 01045'57" WEST, 141.67 FEET TO A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY; SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 505.40 FEET, AND WHOSE LONG CHORD BEARS SOUTH 28011'16" WEST AND HAS A CHORD LENGTH OF 451.18 FEET, THROUGH A CENTRAL ANGLE OF 53-01'14", FOR AN ARC LENGTH OF 467.69 FEET TO THE POINT OF BEGINNING. CONTAINING 547,436 SQUARE FEET OR 12.567 ACRES OF LAND, MORE OR LESS. End of Legal Description. Frank M. Zwolinski, P.L.S. For and on Behalf of CLC Associates, Inc. Colorado License No. 38060 F92008\08-0074 - Coors Property\Survey\_Legals\ANNEX 41-revised 09-1I-08.doc PETITION FOR ANNEXATION #1 August 29, 2008 PETITION FOR ANNEXATION TO THE CITY OF WHEAT RIDGE, COLORADO THE UNDERSIGNED, being "Landowners" as defined in C.R.S. § 31-12-103(6), hereby Petition the City of Wheat Ridge for annexation for the following described property and further state: 1. The legal description of the land which Landowners request to be annexed to the municipality is attached hereto as Exhibit "A", hereinafter referred to as the "Property." 2. It is desirable and necessary that the Property. be annexed to the City of Wheat Ridge. 3. The following requirements of C.R.S. § 31-12-104 exist or have been met: a. Not less than 1/6th of the perimeter of the Property is contiguous with the City of Wheat Ridge. b. A community of interest exists between the Property and the City of Wheat Ridge. The Property is urban or will be urbanized in the near future; and the Property is capable of being integrated into the City of Wheat Ridge. 4. None of the limitations provided in C.R.S. § 31-12-105 are applicable and the requirements of that statute have been met because of the following: a. The annexation of the Property will not result in the Property being divided into separate parts or parcels under. identical ownership. b. No land area within the Property 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 20 acres or more and having a valuation for assessment in excess of $200,000 for ad valorem tax purposes has been included in the area of the Property to be annexed without the written consent of the landowners thereof. C. No annexation proceedings have been commenced for annexation of any part of the Property by any other municipality. d. The entire width of all streets and alleys to be included within the area annexed are included. Annexation Petition: Interchange Property I ATTACHMENT I e. The annexation of the Property will not result in the detachment of area from any school district or the attachment of same to another school district; f. Annexation by the City of Wheat Ridge of the Property will not have the effect of, and will not result in, the denial of reasonable access to landowners, owners of an easement, or owners of a franchise adjoining a platted street or alley, inasmuch as annexation of the Property will not result in annexation of a platted street or alley which is not bounded on both sides by the City of Wheat Ridge. 5. The annexation of the Property will not have the effect of extending a boundary of the City of Wheat Ridge more than three miles in any direction from any point of the municipal boundary in the past 12 months. 6. The Landowners comprise the owners in fee of more than 50 percent of the area of the Property, exclusive of public streets and alleys, and comprise more than 50 percent of the landowners of the Property. The legal description of the land owned by each signer of this petition is shown on Exhibit A. 7. The Landowners request that the City of Wheat Ridge approve the annexation of the Property. 8. This Petition is accompanied by four (4) copies of an annexation boundary map in the form required by C.R.S. § 31-12-102(1)(d) and attached Exhibit B. 9. This instrument may be executed in one or more counterparts, all of which taken together shall constitute the same document. Annexation Petition: Interchange Property 2 LANDO By. Z _7 Mailing Address: STATE OF COLORADO ) S.S. COUNTY OFP Yuan ) Subscribed and sworn to before me this -2g day of /ludrLSt, 2008, by e lam--- - J Witness my hand and official seal. s5c II-ia l! Mycommis ry ~a~atlRy'';~ Nod bliC PUBLIC F Annexation Petition: Interchange Property 3 AFFIDAVIT OF CIRCULAR IN SUPPORT OF PETITION STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) 24 rnti~ n. key being first duly sworn states as follows: a. I have circulated the Petition for Annexation to the City of Wheat Ridge set forth herein b. I know the persons whose names are subscribed to the foregoing Petition on behalf of the Landowners. C. The signatures on the foregoing Petition were affixed in my presence and each signature is a true, genuine and correct signature of the person it purports to be. d. To the best of my knowledge and belief, the persons whose names are affixed to the foregoing Petition are authorized to sign such document on behalf of Petitioners. CIRCU R STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) Subscribed and sworn to before me this c:~q day of:Af 2008, by ~~irnuPJ~t)nIK.PU' Witness my hand and official seal. My commissi p !l -ld I F ~BAF;Y.:O t` Notary Public PvBLi Annexation Petition: Interchange Property 4 EXHIBIT `A' LEGAL DESCRIPTION of ANNEXATION LANDS ANNEX #1 CASE NO. ANX-08-01 BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S 1/2) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4) BEARS NORTH 00°22'44" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), NORTH 00°22'44" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°22'44" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED, AND BEING THE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81012'11" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85000'54" WEST, 480.94 FEET TO A POINT; THENCE LEAVING SAID BOUNDARY, NORTH 31°38'15" WEST, 196.39 FEET TO A POINT ON THE BOUNDARY OF SAID REAL PROPERTY AS DESCRIBED AT RECEPTION No. 2007136692; THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1. NORTHEASTERLY ALONG A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 53013'37" EAST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39°35'49", FOR AN ARC LENGTH OF 276.44 FEET TO A POINT OF NON- TANGENCY; 2. NORTH 33006'39" EAST, 57.33 FEET TO A POINT; 3. SOUTH 56053'21" EAST, 10.00 FEET TO A POINT; 4. NORTH 33006'39" EAST, 57.33 FEET TO A TANGENT CURVE TO THE RIGHT CONCAVE SOUTHEASTERLY; 5. NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 46038'42" EAST AND HAS A CHORD LENGTH OF 276.15 FEET, THROUGH A CENTRAL ANGLE OF 27°04'05", FOR AN ARC LENGTH OF 278.73 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102-H AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE, NORTH 87°01'58" EAST, 745.30 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PLAT OF CABELAS COORS SUBDIVISION FILING No. 1, AMENDED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: SOUTH 01045'57" WEST, 141.67 FEET TO A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY; SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 505.40 FEET, AND WHOSE LONG CHORD BEARS SOUTH 28011'16" WEST AND HAS A CHORD LENGTH OF 451.18 FEET, THROUGH A CENTRAL ANGLE OF 53°01'14", FOR AN ARC LENGTH OF 467.69 FEET TO THE POINT OF BEGINNING. CONTAINING 547,436 SQUARE FEET OR 12.567 ACRES OF LAND, MORE OR LESS. End of Legal Description. Frank M. Zwolinski, P.L.S. For and on Behalf of CLC Associates, Inc. Colorado License No. 38060 F:\2008\08-0074 - Coors Property\Survey\_Legals\ANNEX #I-revised 09-11-08.doc CITY OF WHEAT RIDGE, COLORADO Resolution No. 49-2008 TITLE: A RESOLUTION FINDING A PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31-12- 107(1), COLORADO REVISED STATUTES AND SETTING A HEARING DATE TO CONSIDER THE ANNEXATION WHEREAS, a written petition for annexation to the City of Wheat Ridge, Colorado of a certain parcel of land as described in attached Exhibit A was filed with the City Clerk and referred by him to the City Council; and WHEREAS, pursuant to C.R.S. Section 31-12-107, this City Council, sitting as the governing body of the City of Wheat Ridge, Colorado, has reviewed the petition to determine whether there has been substantial compliance with C.R.S. 31-12-107(1); and WHEREAS, the City Council has satisfied itself concerning the substantial compliance of the petition with C.R.S. 31-12-107(1). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. The written petition for annexation substantially complies with C.R.S. Section 31-12-107(1). Section 2. A public hearing on said petition shall be conducted at 7:00 pm on the 10`h day of November, 2008 at the City of Wheat Ridge Municipal Building which is located at 7500 W. 29th Avenue, Wheat Ridge, Colorado, 80033, to determine if the proposed annexation complies with C.R.S. Sections 21-12-104 and 31-12-105 or such part thereof as may be required to establish eligibility under the terns of Title 31, Article 12, Part 1, as amended, known as the Municipal Annexation Act of 1965, and the Constitution of the State of Colorado, Article II, Section 30, as amended. Section 3. Any person may appear at said hearing and present evidence upon any matter to be determined by the City Council. Section 4. This resolution shall be effective immediately upon adoption. RESOLVED AND PASSED this ?a"Odayof SePteml~f 12008. ,t Je D ullio, Mayor ATTEST: Michael Snow, City Clerk PETITION FOR ANNEXATION #2 August 29, 2008 PETITION FOR ANNEXATION TO THE CITY OF WHEAT RIDGE, COLORADO THE UNDERSIGNED, being "Landowners" as defined in C.R.S. § 31-12-103(6), hereby Petition the City of Wheat Ridge for annexation for the following described property and further state: 1. The legal description of the land which Landowners request to be annexed to the municipality is attached hereto as Exhibit "A", hereinafter referred to as the "Property." 2. It is desirable and necessary that the Property be annexed to the City of Wheat Ridge. 3. The following requirements of C.R.S. § 31-12-104 exist or have been met: a. Not less than 1/6th of the perimeter of the Property is contiguous with the City of Wheat Ridge. b. A community of interest exists between the Property and the City of Wheat Ridge. The Property is urban or will be urbanized in the near future; and the Property is capable of being integrated into the City of Wheat Ridge. 4. None of the limitations provided in C.R.S. § 31-12-105 are applicable and the requirements of that statute have been met because of the following: a. The annexation of the Property will not result in the Property being divided into separate parts or parcels under identical ownership. b. No land area within the Property 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 20 acres or more and having a valuation for assessment in excess of $200,000 for ad valorem tax purposes has been included in the area of the Property to be annexed without the written consent of the landowners thereof. C. No annexation proceedings have been commenced for annexation of any part of the Property by any other municipality. d. The entire width of all streets and alleys to be included within the area annexed are included. Annexation Petition: Interchange Property e. The annexation of the Property will not result in the detachment of area from any school district or the attachment of same to another school district, f. Annexation by the City of Wheat Ridge of the Property will not have the effect of, and will not result in, the denial of reasonable access to landowners, owners of an easement, or owners of a franchise adjoining a platted street or alley, inasmuch as annexation of the Property will not result in annexation of a platted street or alley which is not bounded on both sides by the City of Wheat Ridge. 5. The annexation of the Property will not have the effect of extending a boundary of the City of Wheat Ridge more than three miles in any direction from any point of the municipal boundary in the past 12 months. 6. The Landowners comprise the owners in fee of more than 50 percent of the area of the Property, exclusive of public streets and alleys, and comprise more than 50 percent of the landowners of the Property. The legal description of the land owned by each signer of this petition is shown on Exhibit A. 7. The Landowners request that the City of Wheat Ridge approve the annexation of the Property. 8. This Petition is accompanied by four (4) copies of an annexation boundary map in the form required by C.R.S. § 31-12-102(1)(d) and attached Exhibit B. 9. This instrument may be executed in one or more counterparts, all of which taken together shall constitute the same document. Annexation Petition: Interchange Property 2 LANDO lERS: By: Mailing Address: STATE OF COLORADO } f~ f~ ) S.S. COUNTY OF Je terso- ) Subscribed and sworn to before me this 9_ day of Afl"E 2008, by 3WJ rand-- Witness my hand and official seal. Myc on 'es: dl-I -dl N % PUBL®C : pO Annexation Petition: Interchange Property 3 AFFIDAVIT OF CIRCULAR IN SUPPORT OF PETITION STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) a r4iial [I)p Ira r being first duly sworn states as follows: a. I have circulated the Petition for Annexation to the City of Wheat Ridge set forth herein b. I know the persons whose names are subscribed to the foregoing Petition on behalf of the Landowners. C. The signatures on the foregoing Petition were affixed in my presence and each signature is a true, genuine and correct signature of the person it purports to be. d. To the best of my knowledge and belief, the persons whose names are affixed to the foregoing Petition are authorized to sign such document on behalf of Petitioners. CIR TOR STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) Subscribed and sworn to before me this 2-q_ day of U~IA~ . 2008, by ~Q, mu vl It!allLei'. a Witness my hand and official seal. My c _ laty - es: I I - 1.) -1/ (ko~34(/L- 1 i~ itjj" Ntiary Ublic PUBLIC OF Annexation Petition: Interchange Property 4 EXHIBIT `A' LEGAL DESCRIPTION of ANNEXATION LANDS ANNEX #2 CASE NO. ANX-08-02 BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S 1/2) OF SECTION 19, TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4) BEARS NORTH 00°2244" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), NORTH 00°22'44" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°2244" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81°12'11" WEST, 438.70 FEET TO APOINT; 2. SOUTH 85°00'54" WEST, 480.94 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY OF SAID CORRECTION DEED THE FOLLOWING SIX (6) COURSES: 1. SOUTH 89049'59" WEST, 310.18 FEET TO A POINT; 2. SOUTH 88036'28" WEST, 125.11 FEET TO A POINT; 3. SOUTH 85049'53" WEST, 273.10 FEET TO A POINT; 4. NORTH 88015'34" WEST, 397.05 FEET TO A TANGENT CURVE TO THE LEFT CONCAVE SOUTHERLY; 5. WESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 1323.78 FEET, AND WHOSE LONG CHORD BEARS SOUTH 88028'30" WEST AND HAS A CHORD LENGTH OF 150.82 FEET, THROUGH A CENTRAL ANGLE OF 06031'53", FOR AN ARC LENGTH OF 150.90 FEET TO A POINT OF NON-TANGENCY; 6. NORTH 00011'45" WEST, 378.33 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PARCEL AS DESCRIBED AND CONVEYED AT RECEPTION No. 2008011087; THENCE ALONG SAH) BOUNDARY THE FOLLOWING FOUR (4) COURSES: 1. SOUTH 85048'49" EAST, 261.10 FEET TO A POINT; 2. SOUTH 74007'37" EAST, 239.61 FEET TO A POINT; 3. NORTH 74045'04" EAST, 322.38 FEET TO A POINT; 4. NORTH 63°26'29" EAST, 457.67 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102-H AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE THE FOLLOWING TWO (2) COURSES: 1. NORTH 81°02'51" EAST, 189.87 FEET TO A POINT; 2. NORTH 87001'58" EAST, 243.88 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN RIGHT-OF-WAY AS DESCRIBED AND CONVEYED IN THAT CERTAIN SPECIAL WARRANTY DEED ON FILE AT RECEPTION No. 2007136692; THENCE ALONG THE BOUNDARY OF SAID RIGHT-OF-WAY THE FOLLOWING FIVE (5) COURSES: 1. SOUTHWESTERLY ALONG A NON-TANGENT CURVE TO THE LEFT CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS SOUTH 46°38'42" WEST AND HAS A CHORD LENGTH OF 276.15 FEET, THROUGH A CENTRAL ANGLE OF 27°04'05", FOR AN ARC LENGTH OF 278.73 FEET TO A POINT OF TANGENCY; 2. SOUTH 33°06'39" WEST, 57.33 FEET TO A POINT; 3. NORTH 56053'21" WEST, 10.00 FEET TO A POINT; 4. SOUTH 33°06'39" WEST, 57.33 FEET TO A NON-TANGENT CURVE TO THE RIGHT CONCAVE NORTHWESTERLY; 5. SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS SOUTH 53°13'37" WEST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL. ANGLE OF 39°35'49", FOR AN ARC LENGTH OF 276.44 FEET TO A POINT OF NON-TANGENCY; THENCE LEAVING SAID BOUNDARY, SOUTH 31°38'15" EAST, 196.39 FEET TO THE POINT OF BEGINNING. CONTAINING 548,634 SQUARE FEET OR 12.595 ACRES OF LAND, MORE OR LESS. End of Legal Description. Frank M. Zwolinski, P.L.S. For and on Behalf of CLC Associates, Inc. Colorado License No. 38060 FA2008\08-0074 - Coors Noperty\Survey\_Legals\ANNEX #2-revised 09-11-08.doc City of ' Wheat Midge B I,1C WORKS Memorandum TO: Meredith Reckert, Senior Planner FROM: Dave Brossman, Development Review Engineer DATE: September 11, 2008 SUBJECT: Coors Annexation #1 and Annexation #2 Applications I have completed the second review of the Annexation Maps received on September 11, 2008, for the above referenced development located west of the Coors-Cabela Subdivision, and I have the following comments: Comments Common to both Annexation Maps #1 and #2: All previous comments have been addressed; Annexation Map #1 and Annexation Map #2 are hereby approved. CC: Steve Nguyen, Engineering Manager File Coors Annexation Maps I and 2 - approval Itr.doc City of ffi Wheat Rjdge COMMUNLTY DEVELOPMENT Memorandum TO: Chuck Braden FROM: Meredith Reckert DATE: September 2, 2008 SUBJECT: Case Nos. ANX-08-01 and ANX-08-02 We recently received a two part annexation petition request from Coors which would extend the City boundary from the western lot of Cabelas to Indiana extended. Attached are two copies of each of the annexation petitions with annexation maps and electronic versions for your review. Normally, Dave Brossman would be checking these legal descriptions but in his absence, I was directed to give them to you. We have a very tight turnaround for comments whereby the applicant is expecting comments back by September 8. I appreciate your help. e' 0 11111I~11~111~11111~'iili~illCf111111111 o $0.00 WNWE 2007136692 - WD pe[o 12/14/2007 10:13:04 AM 3 Page(s) 55R Jefferson County, Colorado SPECIAL. WARRANTY DEED p~ THIS DEED, Made this _7__e day of December, 2007, is between COORS BREWING COMPANY, a Colorado corporation ("Granto{'), and the City of Wheat Ridge, a municipal corporation of the Stale of Colorado 1 ("Grantee"). ' )V WITNESSM, That the Granor, for and in consideration of the sum ofOne Dollar (SI.00), and other ll- good and valuable consideration, the receipt and sufficiency of which ere hereby oclmowledged, bas granted, bargained, sold and conveyed, earthy these presents does grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, the reel property, together with improvements, if any, situate, lying and being in the County of Jefferson, State of Colorado, described on Exhibit A attached hereto and incorporated herein by this reference (the "Property"). Project Number. CC 0581-009 Project Code: 16051 See Exhibit "A" The Project information is provided for reference purposes only. In the event of any conflict between the Property description contained In the Pmjeci information and the legal description attached hereto as Exhibit A, the legal description in Exhibit A shall prevail. TOGETHER WITH all and singular the heredimmems and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, tide, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above-bargained promises, with the heredimments and appurtenances thereunto appertaining. TO HAVE AND TO HOLD the said premises above-bargained and described, with the appurtenances, unto the Grantee, its successors and assigns forever. And the Granter, for itself, its successors and assigns does covenant, grant, bargain and agree to and with the Grantee, its successors and assigns that at the time of the unsealing and delivery of these presents, it is well seized of the premises above conveyed, in in simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same we free'end clear from all former and other grants, bangoins, sales, Erns, taxes, assessments, encumbrances and restrictions of_whatever lead -or nwwe_w1unzfi cr,"ccpl taxes and-assessmentsffor- the year 2007 not yet due and payable, and for all subsequent years; easements, restrictions, conditions, reservations, rights-of-way, and all other documents of racord; easements, tigbm-of-way or conditions visible upon inspection of the Property; building, zoning, and land use reles, regulations, resolutions, restrictions, codes and decisions. Grantor shall and will WARRANT AND FOREVER DEFENP the above-bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereat, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this deed on the dale set finh above. GRANTOR: COORS BREWING COMPANY, ' a Colorado corporation N. Camefl Hoggs, HI Chief Legal Officer & Group Vice President of Public.Affairs STATE OF COLORADO ) COUt.CYFgF JEFFERSON ),as. 'f'G1r~t~regoing SPECIAL WARRANTY DEED was aclmowhAged before me this 7th day of December, CbmpIt Heggs, III, as Chief Legal ORcer&Group Vice President ofPvbhc Affairs of COORS ':,~~kFW0 drS9ANY, Grantor. "tom'' r]!r m y hand and official al. Jae asn lA:a n• r~ kw - • •M ission expires: A V Ort_D Notary Public A15PRbV ED AS'CO FORM: Attorney THE WITHIN DEED IS ACCEPTED THIS J_DAY OF 'D-Cif tf1VS9, 2007. s. CITY OF AT GE 'LEGAL By: 6 SKLD FN SKL10182 SF 136692-2007.001 A EXHIBIT "A" PROJECT NUMBER: CC 0581-009 PARCEL NUMBER: 27A Project Code: 16051 Date: September 12, 2007 DESCRIPTION A tract or parcel of land No. 27A of the Department of Transportation, State of Colorado, Project No. CC 0581-009 containing 4.471 acres, more or less, in the Southwest 114 of Section 19, Township 3 South, Range 69 West of the Sixth Principal Meridian, City of Wheatridge, County of Jefferson, State of Colorado said tract or parcel being more particularly described as follows: Commencing at the West 1/4 comer of said Section 19, whence the Northwest comer of said Section 19 bears N00°03'10' W along the West line of said Northwest 114,2,63 8.99 feet; thence S38°29'19"E, 1,219.54 feet to the Point of Beginning; 1. 2. 3. Thence N74°1 8'49"E, 32238 feet to the point of curvature of a curve concave Northeasterly, having a radius of 275.00 feet; Thence Southeasterly, through a central angle of 94°02'12, along the arc of said curve 451.34 feet, said curve having a chord of 40236 feet which bears S61021'19"E,, to a point ofcompound curvature of a curve concave Northwesterly, having a radius of 400.00 feet; Thence Northeasterly, through a central angle of 39035'48", along the arc of said N52°4772"E; 4. ThenceN32040'24"E, 57.33 feet; 5. Thence S57°19'36'% 10.00 feet; 6. Thence N32°40'24"E, 5733 feet to the point of curvature of a curve concave Southeasterly, having a radius of 590.00 feet; 7. Thence Northeasterly, through a central angle of 27"45'11", along the arc of said curve 285.79 feet, said curve having a chord of 283.00 feet which bears N46033'00"E to the Southerly right-of-way line of State Highway 58 as described in that document recorded in Book,=W -Page 527; andBock 2416, Pffga=102,in;llfa Jefferson County Clerk and Recorder's office, - L Thence N87001'43"E, 416.32 feet to the cusp of a non-tangent curve concave Southerly, having a radius of 2018.17 feet; 9. Thence Westerly, through a central angle of 03°2448", along the are of said curve 120.23 feet, said curve having a chord of 12011 feet which bears S82°D5'49"W; 10, Thence S80°23'25"W, 92.85 feet to the point of curvature of a curve concave Southeasterly, having a radius of 510.00 feet; 11. Thence Southwesterly, through a central angle of 47°3649", along the stc of said curve 423.82 feet, said curve having a chord of 411.73 feet which bears 556028'49"W; 12. Thence S32040'24"W, 57.33 feet; 13. Thence S57019'36"E, 10.00 feet; 14. Thence S32°40'2,V W, 85.6D feet to thepoint of curvature of a curve concave Northwesterly, having a radius of 500.00 feet; SKLD FN SKL10182 SF 136692-2007.002 15. Thenoc Southwesterly, through a central angle of 61°15'05", along the arc of said curve 534.52 feet, said curve having a chord of 509.43 feet which bears So 6"9V; n 16. Thenchence N86°04'31"W, 66.58 feet to thgpoint of curvature of a curve concave J!~ Northeasterly, having aradius of 525,00 feet; 17, Thence Northwesterly, through a central angle of 55049'24", along the are of said clue 511.51 feet, said curve having a chord of 491.51 feet which bears N60°14'16"W to the Point of Beginning, containing 194,760 square feet or 4.471 acres, more or less. Basis of Bearings: Bearings are based on the North line of the Southeast Quarter of Section 19, Township 3 South, Range 69 West of the 6a' Principal Meridiun bearing North 89°06'21" Bast and is monumented on the west end (Center Quarter Comer of Section 19) by a 3'K" Brass Cap PLS No. 15846 in a monmuent box and on the east end (West Quarter Comer of Section 19) by a I VP Brass Cap FLS No. 10104 in r -__..__.t box Prepared for and ca behalf of the Colorado Department of Transports Micheal L. Bouchard, PLS #24941 Farnsworth Group, Inc. 5801 N. Union Blvd. Colorado Springs, CO 80918 :i SKLD FN SKL10182 JF 136692-2007.003 PETITION FOR ANNEXATION #1 August 29, 2008 PETITION FOR ANNEXATION TO THE CITY OF WHEAT RIDGE, COLORADO THE UNDERSIGNED, being "Landowners" as defined in C.R.S. § 31-12-103(6), hereby Petition the City of Wheat Ridge for annexation for the following described property and further state: 1. The legal description of the land which Landowners request to be annexed to the municipality is attached hereto as Exhibit "A", hereinafter referred to as the "Property." 2. It is desirable and necessary that the Property. be annexed to the City of Wheat Ridge. 3. The following requirements of C.R.S. § 31-12-104 exist or have been met: a. Not less than 1/6th of the perimeter of the Property is contiguous with the City of Wheat Ridge. b. A community of interest exists between the Property and the City of Wheat Ridge. The Property is urban or will be urbanized in the near future; and the Property is capable of being integrated into the City of Wheat Ridge. 4. None of the limitations provided in C.R.S. § 31-12-105 are applicable and the requirements of that statute have been met because of the following: a. The annexation of the Property will not result in the Property being divided into separate parts or parcels under identical ownership. b. No land area within the Property 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 20 acres or more and having a valuation for assessment in excess of $200,000 for ad valorem tax purposes has been included in the area of the Property to be annexed without the written consent of the landowners thereof. C. No annexation proceedings have been commenced for annexation of any part of the Property by any other municipality. d. The entire width of all streets and alleys to be included within the area annexed are included. Annexation Petition: Interchange Property 1 e. The annexation of the Property will not result in the detachment of area from any school district or the attachment of same to another school district; f. Annexation by the City of Wheat Ridge of the Property will not have the effect of, and will not result in, the denial of reasonable access to landowners, owners of an easement, or owners of a franchise adjoining a platted street or alley, inasmuch as annexation of the Property will not result in annexation of a platted street or alley which is not bounded on both sides by the City of Wheat Ridge. 5. The annexation of the Property will not have the effect of extending a boundary of the City of Wheat Ridge more than three miles in any direction from any point of the municipal boundary in the past 12 months. 6. The Landowners comprise the owners in fee of more than 50 percent of the area of the Property, exclusive of public streets and alleys, and comprise more than 50 percent of the landowners of the Property. The legal description of the land owned by each signer of this petition is shown on Exhibit A. 7. The Landowners request that the City of Wheat Ridge approve the annexation of the Property. 8. This Petition is accompanied by four (4) copies of an annexation boundary map in the form required by C.R.S. § 31-12-102(1)(d) and attached Exhibit B. 9. This instrument may be executed in one or more counterparts, all of which taken together shall constitute the same document. Annexation Petition: Interchange Property 2 LANDO By: Mailing Address: STATE OF COLORADO nn ) s.s. COUNTY OF LP - :Lin ) Subscribed and sworn to before me this jq day of, 2008, by ,5M~ I I ~ J r affil Witness my hand and official seal. My commis X ntiEt 'L \ ry M v~ 2 I~,~oC 7 }J G ~ FF Not~a O blic r, Annexation Petition: Interchange Property 3 AFFIDAVIT OF CIRCULAR IN SUPPORT OF PETITION STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) rnii~ k 1i being first duly sworn states as follows: a. I have circulated the Petition for Annexation to the City of Wheat Ridge set forth herein b. I know the persons whose names are subscribed to the foregoing Petition on behalf of the Landowners. C. The signatures on the foregoing Petition were affixed in my presence and each signature is a true, genuine and correct signature of the person it purports to be. d. To the best of my knowledge and belief, the persons whose names are affixed to the foregoing Petition are authorized to sign such document on behalf of Petitioners. CIRCU R STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) Subscribed and sworn to before me this day of_,QtAa,i~S+ , 2008, by • ~ eel I,l) l~ ~ Witness my hand and official seal. My commissi`o e ~Ac sARr ~ 4n O~ -a 1 Aaw Notary Public 1 4•., U l~ ~7 C Annexation Petition: Interchange Property 4 EXHIBIT `A' LEGAL DESCRIPTION of ANNEXATION LANDS ANNEX #1 CASE NO. ANX-08-01 BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S 1/2) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4) BEARS NORTH 00°22'44" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), NORTH 00°22'44" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°22'44" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED, AND BEING THE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81012'11" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85000'54" WEST, 480.94 FEET TO A POINT; THENCE LEAVING SAID BOUNDARY, NORTH 31°38'15" WEST, 196.39 FEET TO A POINT ON THE BOUNDARY OF SAID REAL PROPERTY AS DESCRIBED AT RECEPTION No. 2007136692; THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1. NORTHEASTERLY ALONG A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 53013'37" EAST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39°35'49", FOR AN ARC LENGTH OF 276.44 FEET TO A POINT OF NON- TANGENCY; 2. NORTH 33006'39" EAST, 57.33 FEET TO A POINT; 3. SOUTH 56053'21" EAST, 10.00 FEET TO A POINT; 4. NORTH 33006'39" EAST, 57.33 FEET TO A TANGENT CURVE TO THE RIGHT CONCAVE SOUTHEASTERLY; 5. NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 46038'42" EAST AND HAS A CHORD LENGTH OF 276.15 FEET, THROUGH A CENTRAL ANGLE OF 27°04'05", FOR AN ARC LENGTH OF 278.73 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102-H AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE, NORTH 87°01'58" EAST, 745.30 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PLAT OF CABELAS COORS SUBDIVISION FILING No. 1, AMENDED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: SOUTH 01045'57" WEST, 141.67 FEET TO A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY; SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 505.40 FEET, AND WHOSE LONG CHORD BEARS SOUTH 28011'16" WEST AND HAS A CHORD LENGTH OF 451.18 FEET, THROUGH A CENTRAL ANGLE OF 53°01'14", FOR AN ARC LENGTH OF 467.69 FEET TO THE POINT OF BEGINNING. CONTAINING 547,436 SQUARE FEET OR 12.567 ACRES OF LAND, MORE OR LESS. End of Legal Description. Frank M. Zwolinski, P.L.S. For and on Behalf of CLC Associates, Inc. Colorado License No. 38060 F:\2008\08-0074 - Coors Property\Survey\_Legals\ANNEX #I-revised 09-11-08.doc AT CLEAR CREEK r .w ~ F ~ ~ r~ E ° ~ r~ ~ rn 1 s i ~ V' ~ l I ~yi ~ ~ ~ d~ ' f ~JE 2.75' ~ I a 1 ~ tJ w N t .O ~ ~ ' ~ ~ ~ ~ ~ ~ ~ > C 6, ~ . N~ ZE ~ n{ ~ / ~ I, ~ r ° ~ I ~ ~ ~ ~ ~ ~ Qa} f d r ~ ~ ~ 'r t~ i V .I ( ~ . ~ +I ~ ~ ~ s~ ' a.. < i a ~ 4^ :3 ~ ~ ~ ~ ~ asp ~ ~ ~ ~ pp ; _ ' r' },L ° ~ 1i _ ~ ~ ' F ° ' i ~ 1 ~ ~ / ~ , . ~ , a.~ ~ ~ , ~ , 1 \ ~ ° r ~I~ e ~ t 6 s ~ ~ , . ~kk t , . i ---1 ..--°-1 .~1 ~-1 ...t c.~ ,'9 I I ~ ~ o ~ ~ ~ ~ i C!7 ~ ~ ~ ~ a 991??~~ 4) I a ~ ~ . ! ~ 4 Y ~ ~ r ~ ~ _ _ i i.. -w. ~ I ~ . _ _ e• ~ ` V ~ f ~ I ~ ~ = ~ ,r ~ ~ f r w ~ \ b• .w r w 11 I ~ ~ ~ ~ .'3 1`tl ~ t~/'~i k ~ ~ r+ ~ A CP 'e ~ 1 D f ~LJ. 585'48'49"E 261.10' i ~ ~ , t.,., „v b l,) 0 0 U ~ ~ ~?~~(~~e 0 0 ~ 57.33 ~ N00'11'45"W s74 0~~ 322.3a ~~~~~Q`~~ UU~~G~~'v 5 3~~~ 23g 6j N~ n~45 0=39 35'49° _ ~ ~ ~ C~.j C~ ~ v r lj U ~ C.> 4, DO D DO ~l~ 14.00' ~ ~ ~ . _ n D= 94'02' 07" R= 400. R=275.00' L=276.44' 0 L-451.34' „ ChB=N60.55'oa"w ChB=N537337 E ~~z Z o~~~ D=55'49'22" ChL=402.36' ChL=270.97] R=525.00' L=511.50' s.- ,~r~ ChB=S59'48'01 °E ~ozm MAP LEGEND ~ ChL=491.51' ~ ° o [~L~~DaC~ C~OG~pQ(~~l ~r~cl c Q _ P~ONUME~JT FOJN~~ AS fd~T~Q ~ ~ ~ ~0~~1~P~e C~OOOG°~~ ~I~3 r ~A DOaQL~D Y (C) CALCULATED ~ °o ~ (M) MEASURED ~ ~ A F ~R~ RECORD ~ GRID E: 3094321 ~40 r, ~ LATITUDE: 39'4 '22.030" ~ ~ mob== EXISTING CITY OF WHEAT RIDGE LIMITS LONGITUD -105'09'S~.995" L ~~.i tXISTING CITY OF WHEAT RIDGE LIMITS r ~ ~ ~ ' CONTIGUOUS WITH PROPOSED ANNEXATION BOUNDARY EXISTING PARCEL OR LOT LINE D=6'31'53" ,5. _ - - PUBLIC LANDS SURVEY SECTION LINE R=1323.78' L=150.90' - _ _ _ ~ NEW CITY OF WHEAT RIDGE BOUNDARY ChB=S88'28'30"W PER THIS ANNEXATION Chi=~5o.82' r s LEGAL DESCRIPTION ~ ` OF ANNEXABLE LANDS BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN G CORRECTION DEED ON FILE AT RECEP110N No. 2006044289 IN THE OFFICE OF THE CLERK ::~y e' AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A r PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF ~ _ WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S t/2) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: i r i COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID y s r SEC110N 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4) BEARS NORTH 00'22'44" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS t HEREIN RELATED THERETO; 1 THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW t/4), NORTH 00'22'44" f i WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF N, SAID SOUTHWEST QUARTER (SW 1/4); THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00'22'44" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED, AND BEING THE POINT OF BEGINNING; OWNERSHIP LISTIN THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: CONTIGUITY TABUL 1. SOUTH 8172'11" WEST, 438.70 FEET TO A POINT; ~~1 _ n+- 2. SOUTH 85'00'54" WEST, 480.94 FEET TO A POINT; CURRENT OWNER(S) OF PROPOSED I THENCE LEAVING SAID BOUNDARY, NORTH 31'38'15" WEST, 196.39 FEET TO A POINT ON THE ANNEXATION LANDS: ~.i , BOUNDARY OF SAID REAL PROPERTY AS DESCRIBED AT RECEPTION No. 2007136692; s 1L. 1= THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: LENGTH OF EXISTING WHEAT RIDGE BO COINCIDENT WITH r ~ r~nRruFecTFRI Y ai nNC; a NnN-raNr,FNr cuRVF To THE I FFT CONCAVE NORTHWESTERLY. r,a~~~~~n AAIAICVATIl1A1 1 AAIr'1C• i' CORNER F o®n~nccn ~ ``k Z HAVING A RADIUS OF-400.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 53'13'37" EAST rRVrvo~v ruviv~nr~i lulu u,~~vv. AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39'3549", FOR LENGTH OF TOTAL BOUNDARY OF PROP( 1 rl n r 1 i c IN CONCRETE A T E SOUTHEAST SAID SOUTHWEST QUARTER (SW 1/4). U L AN ARC LENGTH OF 276.44 FEET TO A POINT OF NON-TANGENCY; ANNEXATION LANDS: r~wr Li ff 2. NORTH 33'06'39" EAST, 57.33 FEET TO A POINT; CITY CLERK'S CERTIFICATE a ® r 3. SOUTH 56'53'21" EAST, 10.00 FEET TO A POINT; LENGTH RATIO OF PROPOSED ANNEXATI 4. NORTH 33'06'39" EAST, 57.33 FEET TO A TANGENT CURVE TO THE RIGHT CONCAVE it ~ CITY CLERK OF THE CITY OF WHEAT RIDGE, COLORADO, HEREBY CERTIFY THAT THIS IS A TRUE AND AC AND ACCURATE COPY OF SOUTHEASTERLY; TO EXISTING CONTIGUOUS WHEAT RIDG 5. NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 590.00 FEET, AND WHOSE THE ANNEXATION MAP APPROVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, CONTAINING THE DESCRIPTION OF LAND CITY BY ORDINANCE A CERTIFIED COPY OF WHICH IS HEREWITH FILED, WHICH ORDINANCE BECAME EFFECTIVE ON )F LANDS ANNEXED TO THE co W LONG CHORD BEARS NORTH 46'38'42 " EAST AND HAS A CHORD LENGTH OF 276.15 FEET, TOTAL AREA OF PROPOSED ANNEXATIO THROUGH A CENTRAL ANGLE OF 27'04'05", FOR AN ARC LENGTH OF 278.73 FEET TO A 2008 AND IS RECORDED UNDER RECEPTION NUMBER ON 2008. T _ POINT ON THE SOUTH LINE OF PARCEL 102-H AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE, NORTH 87'01'58" EAST, 745.30 FEET TO A POINT ON THE 1 WHICH HAS THE FOLLOWING CITY CLERK I BOUNDARY OF THAT CERTAIN PLAT OF CABELAS COORS SUBDIVISION FILING No. 1, AMENDED; 1 r~ i CITY OF WHEAT RIDGE i THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: n SOUTH 01'45'57" WEST, 141.67 FEET TO ANON-TANGENT CURVE TO THE LEFT CONCAVE r. i NORTHWESTERLY; If r' COUNTY CLERK AND RECORDER'S CERTIFICATE SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 505.40 FEET, AND WHOSE LONG 1 CHORD BEARS SOUTH 28'11'16" WEST AND HAS A CHORD LENGTH OF 451.18 FEET, THROUGH Zl (2) CONTROL POINTS: THIS ANNEXATION MAP WAS FILED FOR RECORD IN THE OFFICE OF THE JEFFERSON COUNTY, COLORADO CLERK AND RECORDER ON THE 2008. A CENTRAL ANGLE OF 53'01'14FOR AN ARC LENGTH OF 467.69 FEET TO THE POINT OF BEGINNING. CONTAINING 547,436 SQUARE FEET OR 12.567 ACRES OF LAND, MORE OR LESS. t BY: t~ End of Legal Description.End of Legal Description. COUNTY CLERK AND RECORDER DEPUTY e I City of W heatpdge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29'n Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 August 29, 2008 Michael Glade Coors Brewing Company RE: Annexation of twenty acres west of the existing City of Wheat Ridge boundary Dear Mr. Glade: The fees for your land use application total $3650. Please see breakdown of the fees below: Annexation and Zonin Application Fee $ 1,000 Plus $100/acre (25 acres). $ 2,500 Publication/Public Notice Fee $ 650 Total $ 4,150 Payment is due upon application. If you have any questions, please let me know. Best Regards, Meredith Reckert, AICP Senior Planner CITY OF WHEAT RIDGE 08/29/08 3:48 PM cdbb Michael Glade RECEIPT NO:CDH000682 AMOUNT FNSD ZONING REIMBURSEMENT 650.00 z eim FNSD ZONING APPLICATION F 3,500.00 zone PAYMENT RECEIVED AMOUNT CK 3436 41150.00 TOTAL 41150.00 www.ci.wheatridge.co.us MICHELE M. GLADE MICHAEL J. GLADE 9852 W ATHENS LANE 303-987-2594 LITTLETON CO 80127 Pay to the 4rsOEO a~m 3436 Date 82-7455/307W0 Case No.: _ N~X08-0I Quarter Section Map No.: F App: Last Name: Coors Brewing-Co. i, Related Cases: App: First Name: clo Ned Jaquet~ Case History: nnex approx. 25 acres Owner: Last Name: [nto the City of Wheat Ridge Owner: First Name: App Address: P.O Box 16097 Review Body: City, State Zip: Golden CO 80401 APN: App: Phone: 303277-2028 Owner Address: ame 2nd Review Body: r City/State/Zip: I 2nd Review Date: - Owner Phone: ame Decision-making Body: CC Project Address: Approval/Denial Date: Street Name: _ City/State, Zip: 1 ! ResolOrdinance No.: F Case Disposition: Conditions of Approval: Project Planner: District: _ Recket File Location: ctive Date Received: 812912008 Notes: Pre-App Date: 21812007 Fo I low-U p: - ra i ut^se'~'Rg*j Goto$pageµ*,1 . loo s 3raw'mq Company March 5, 2007 Dcar Neighbor, This letter is to provide notice of a neighborhood meeting colicernin a proposed I acres into the Cilyof Wheat Ridge. SpeCifn;Sofffic annexation and rezoning ofabout 3 0 proposal and pubic mectillL are: Name ofOr proposing land use change: Coors Brewing Company. land m% ner Proposal: Annexation of about 30 - acres of vacant, industrially zoned land into the City of Wheat Rid,oc, with the intention to rezone the property for contruercial and retail purposes Property Location: Between Colorado Hi-bway. 58 and Clear Creek, laying between the alignments of Eldrid.g -e and Indiana Streets, as extended :"letting Date: March 14, 2007 @;, 6 P-M-- Nftvting Location: Wheat Ridge City Hall, 7 500 W. Wheat Rid�c, CO (southeast corner, 29`" & WadsNv' State Statute requires that a property be zoned within 90 days of annexation. A part of this request will be to rezone the pvoperry Planned Commmial Development, Th(� City of 'Wheat Rid- has adopted a requirement that prior to any application for annexation and rezoning= of property an-applicam Inurit notify all residents and property owners withm 600 feet of the nffeeted property and invite them n) aNeighborhood hIpUt Meeting The purpose of this inceLinu is to allow the applicauL to presLmt then proposal to the neighborhood and to give the neighborhood a forum to express their con ems, issue,, and desires. A Stall w111 attend the mectim ,g to discuss City policies and regfflationti and the process involved, however the Planner will remain impartial regarding viability of Ow project. Keep ni unti that this is nota public bearing. Ahho. ugh a sync)psis of the inectin.m will be entered as tesfitnony, 4 is the public hearings in front of the Planning Commission and City Council where decisions are reudcred. If you want input in the decision-itiaking process, it is imperative that you atiend the public hearing, The kinds of concerns residents normally have include the Following: • Is the proposal compatible with surrounding hind uses and zoning? • Are there adequate utilities and services in place or proposed to serve the pi ojecf- • What is the impact on ottv streets? • I lo v, will this proposal affect my property? • Where will the storm drainage eo? • How will the project be dcsigricd to enhance rather than detract from the neighborhood? • What specific chan.-cs, can be made hi the proposal to make it more acceptable 10 me? ll'you have any questions, please call the City of Wheat Ridge Plain in Division zw {30 435-2840 If you are unable to attend the inecting City of Wheat Ridge Community Development Dcpartrncnt 7500 West 29"' Avenue Wheat Ridge, Colorado 80033 Thank you in advance for your interest in our proposal_ Laid Real Estate COQ WHEgp~ ti c v m cot0RA00 Wheat Ridge Community Development Department PRE-APPLICATION MEETING SUMMARY Meeting Date: February 8, 2007 Attending Applicant(s): Neil Jaquet Address/Phone: Coors Brewing Company P.O. Box 16097 Golden, CO 80401 Attending Staff: Alan White - Community Development Director Travis Crane - Planner II Adam Tietz - Planner I Steve Nguyen - Engineering Manager ~o Address or Specific Site Location: Property generally located west of Cabela's/Coors subdivision. Bounded to the east by lot 9 of Cabela's/Coors subdivision, to the west by what would be Indiana St., if extended, to the north by Colorado State Highway 58, and to the south by privately owned railroad right-of-way. Existing Zoning: Unincorporated Jefferson Existing Comp. Plan: Business Park County Applicant/Owner Preliminary Proposal: The applicant is proposing to annex a tract of land of approximately 25 acres owned by the Coors Brewing Company into the City of Wheat Ridge. After annexation the applicant will be subdividing this area into four parcels. The zoning on parcels A, B, and C would be similar to the uses identified in the ODP of for lots 9 and 10 of the Cabela's/Coors subdivision. They would generally be for retail and commercial space and be accessed using Cabela Dr. Parcel D would not be developed at this time as it is serving as right-of-way for the Coors rail line. Will a neighborhood meeting need to be held prior to application submittal? A neighborhood meeting will be required for an annexation and for zoning. One meeting may be held at the same time but must address both the annexation and zone changes.