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Home My WebLink AboutANX-08-02ANNEXATION 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. 29s' Avenue, Wheat Ridge, Colorado 80033 (the "City"), and COORS BREWING COMPANY, whose address is 1225 17' 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. SEVERABILI TY. 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 10t' day of November, 2008. CITY OF WHEAT RIDGE, a municipal corporation ATTEST: /lam ~ Michael Snow, City Clerk APPR S TO FO Gerald Dahl, City Attorney Mayor COORS BREWING COMPANY: By. Name and it STATE OF COLORADO ) ss. COUNTY OF ) The above and foregoing instrument was acknowledged before me this e day of pU e, u,b ec , 2008, byy~casz Qo r~ Qec > as Vpa.,eq A5_4 of Coors Brewing Company, Owner. My Commission expires: --?-IE~409 '(vp tl' c~ ~'r c^. NOTARY PUBLIC My 0amnnssi in Exi) ;,,s Feb ;9- 2 00.? Exhibit A to Annexation Agreement Legal Description of the Property (attached) Exhibit A to annexation agreement 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°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; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81°12'11" WEST, 438.70 FEET TO A POINT; 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 CONCAVESOUTHERLY; 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 06°31'53", FOR AN ARC LENGTH OF 150.90 FEET TO A POINT OF NON-TANGENCY; 6. NORTH 00011'45" WEST, 362.13 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PARCEL AS DESCRIBED AND CONVEYED AT RECEPTION No. 2008011087; THENCE ALONG SAID BOUNDARY THE FOLLOWING FOUR (4) COURSES: 1. SOUTH 86015'04" EAST, 260.84 FEET TO A POINT; 2. SOUTH 74033'52" EAST, 239.61 FEET TO A POINT; 3. NORTH 74018'51" EAST, 322.38 FEET TO A POINT; 4. NORTH 63000'12" EAST, 458.54 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 80035'52" EAST, 231.36 FEET TO A POINT; 2. NORTH 87°00'55" EAST, 208.24 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°33'18" WEST 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 OF TANGENCY; 2. SOUTH 32°40'24" WEST, 57.33 FEET TO A POINT; 3. NORTH 57°19'36" WEST, 10.00 FEET TO A POINT; 4. SOUTH 32°40'24" 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 52°47'22" 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 32029'03" EAST, 189.48 FEET TO THE POINT OF BEGINNING. CONTAINING 535,845 SQUARE FEET OR 12.301 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 ExµtF3tT 6 $°~o Sang =s-e m k qc G,- ;$p $ Uph e. yQ m 9pg~v g.F€y -Z1 5a"a t-?gs iA ~S m 9a ka° °°3-fps a~-x~ N cs im H ak vy€ k, Q, pit m at "ag° 'Aa$ 2` skt d[_€ n~ :gag a, e;A E.M "P4 ~ .'a $f ~ X m a g a H; u z y3€ 443 ei0 ~ • Y 4g gK 2 :x R 3 $v e A 59 ~ F 8 E F o ~m aoo .n n Z~e N §e ~a g:~t D P~y _1 R$~ i A~ i 3- 9 I'~ 8 > m 3I o 60d @E'^s$ p4 ~e 4§$.39X _ ~ ¢ A4 35 € °a y9~~ $ A z c d ~ v e✓ , 4_v j ± Y a Y I ~ ~ n ~ e ^i~f " ~j§ £ 77., p zsa a ffi m IC , s t1,,. n ~ - i sh\ mn n 0 9 A A /In ~5N n n z o> rm q pm n pG 4.=a ~ o r ^''2 z y m D OTC T^ ftn m- m Ay m 0m N mp 0! N Q~03 Nv Iq z y N y IS iQ CD y2 e, p i Z z m om ny r 0 l 0 _ G' k-ec m z va y t£ X II ~ -21 J \ ~4$n4 \ Mq ~lI`Gr ` u&$9 d F iilt; COORS Al CLEAR CREEK 6 SUBDIVISIGN FILING Na. 1 e . T4.~ "v.1 k"[fie ; IF NAL PLAT ~n. November 3, 2008 Meredith Reckert City of Wheat Ridge Community Development Department 7500 W. 29th 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, 6~4MVIO Jeanne Shaffer Planner City of Wheat"ge OFFICE OF THE CITY CLERK City of Wheat Ridge Municipal Building 7500 W. 29°i 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. 19-2008, legally passed and adopted by the City Council of Wheat Ridge, Colorado, 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. 19-2008. DATED this 26~"' day of ova ese~ 12008. Michael Snow, City Clerk [SEAL} www.ci.wheatridgexo.us CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill 19-2008 Ordinance No. 1422 Series of 2008 TITLE: AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF WHEAT RIDGE, COLORADO (CASE NO. ANX-08-02/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°22'44" 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 A POINT; 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 06°31'53", FOR AN ARC LENGTH OF 150.90 FEET TO A POINT OF NON-TANGENCY; 6. NORTH 00011'45" WEST, 362.13 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PARCEL AS DESCRIBED AND CONVEYED AT RECEPTION No. 2008011087; THENCE ALONG SAID BOUNDARY THE FOLLOWING FOUR (4) COURSES: 1. SOUTH 86015'04" EAST, 260.84 FEET TO A POINT; 2. SOUTH 74033'52" EAST, 239.61 FEET TO A POINT; 3. NORTH 74°18'51" EAST, 322.38 FEET TO A POINT; 4. NORTH 63000'12" EAST, 458.54 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 80035'52" EAST, 231.36 FEET TO A POINT; 2. NORTH 87000'55" EAST, 208.24 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°33'18" WEST 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 OF TANGENCY; 2. SOUTH 32°40'24" WEST, 57.33 FEET TO A POINT; 3. NORTH 57°19'36" WEST, 10.00 FEET TO A POINT; 4. SOUTH 32°40'24" 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 52°47'22" 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 32029'03" EAST, 189.48 FEET TO THE POINT OF BEGINNING. CONTAINING 535,845 SQUARE FEET OR 12.301 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 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 2008. ATTEST: 10th day of November 41L] Jer y ullio, Mayor Michael Snow, City Clerk Approve "s To Form z IV, i a_ Gerald E. Dahl, City Attorney First Publication: October 30, 2008 Second Publication: November 13. 2008 Wheat Ridge Transcript: Effective Date: 3 City of Wheatlki OFFICE OF THE CITY CLERK City of Wheat Ridge Municipal Building 7500 W. 29th 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, 1 Michael Snow, City Clerk Enclosures www.ci.wheatridge.co.us CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill 19-2008 Ordinance No. 1422 Series of 2008 TITLE: AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF WHEAT RIDGE, COLORADO (CASE NO. ANX-08-02/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 SAIDSOUTHWEST 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; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81°12'11" WEST, 438.70 FEET TO A POINT; 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 CONCAVESOUTHERLY; 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, 362.13 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PARCEL AS DESCRIBED AND CONVEYED AT RECEPTION No. 2008011087; THENCE ALONG SAID BOUNDARY THE FOLLOWING FOUR (4) COURSES: 1. SOUTH 86015'04" EAST, 260.84 FEET TO A POINT; 2. SOUTH 74033'52" EAST, 239.61 FEET TO A POINT; 3. NORTH 74°18'51" EAST, 322.38 FEET TO A POINT; 4. NORTH 63000'12" EAST, 458.54 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 80035'52" EAST, 231.36 FEET TO A POINT; 2. NORTH 87000'55" EAST, 208.24 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°33'18" WEST 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 OF TANGENCY; 2. SOUTH 32°40'24" WEST, 57.33 FEET TO A POINT; 3. NORTH 57°19'36" WEST, 10.00 FEET TO A POINT; 4. SOUTH 32040'24" 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 52047'22" 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 32°29'03" EAST, 189.48 FEET TO THE POINT OF BEGINNING. CONTAINING 535,845 SQUARE FEET OR 12.301 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 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 2008. ATTEST: day of November Jer y ullio, Mayor Michael Snow, City Clerk Approve s To Form Gerald E. Dahl, City Attorney OFFICE OF THE CITY CLERK First Publication: October 30, 2008 WHEAT RIDGE, CO 80033 Second Publication: November 13. 2008 THIS IS ATRUE AND CORRECT Wheat Ridge Transcript: COPY (EXACT) OF THE ORIGINAL Effective Date; DU OCUMEN IN MY CUSTODY. D ~ o MI iCHAEL SNOW, CITY C~~ 3 _ ----~---,~--._r___. _ °r---- m ~ t r ~ ~ ~ * " y. _ - ~ ~ ~ _ s ~~:.~~~~~®e - ~ ~ : s 1 - ~ - a~ , ~ a ~a ~ ~ ~ ~ r_ , ~ ~ ~ ~c ; ~ ~ ~ ~ 'i ~ f y~ ~ 4 ~ w , ~i'\ ppp o- ~ ~ ~ x a ~ c ~ ~]57 A ;.i ate' 1 a r~ ~ - ~ , ~ ~ v t. ' PIS ~ S. - a a ~ tt t ~ ~ i ~ w ~w+ e ~ ~ 1 ~ ~ ~ ~ v . F v k + b_ _ ~ m ~ m - ~e ~ ',.~~^+p,f ygy~p 3 ''n u r,. a ~ r.~ 1,,,x,11.,0/" i ,1 ~ ~ A. 1 ~ . F _ J x~ , , 1 j .s:_ ~ ~ ~ ~ T' 4 ~ ~ : ; ~ ,~-i z ~ ~ ~y I ~ I ~ yay~~~ PqL ~ b ~ ~ t - `M . - a ~ i ~ ~ r ~,«r. R _ , _,.__.~.~..~_~__.~M,~ _ ___w_.____~..._~._r_ _ _ _ x . t - ~ ~ - t F, ~ s ~ ~ ~ w~ ~ M ~ w f - ~ :y ~ a ~ M. , ~ x , ~ m~, - ~ U~ -m,, , ~ ~ ~ s ~ : ~ ~ , ~ ,,~u a ~ I - - C? r ® i 8P N~01145 W 14,~~ `z a o a~ DO Brio=~vv i~r i i c / ~ -~i") ~In~9f y ChL-491.51' ~o.~ f ti ~~~~w PUBLIC RIGHT-OF-WAY IN FAVOR OF CITY QF L ~L N o~d~ WHEAT RIDGE PER REC. #2007136692 LP``- au~D PmK, NAIL o~~w Total Area to be Annexed: O~~~Qe C~O~~ ~~l~G°~~ ~~DC~~ ~ f ~fASNER, MARKED C~~ ANN~.E LANDS ~ GRID N:1706542.013 GRID E: 3094321 J40 . 535,845 S.F. (12.301 acres) s86•o4'31"E •~~,o, i f9~ARNSWC~RTH ~S 16~-01" 30" 66.58' BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN LATITUDE: 39'4 '22.030" LONGITUD -105'09'51.995" CORREC110N DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK x'2'44 "E - AND RECORDER OF `fHE COUNT" OF JEFFERSON, STATE OF CO~ORAD(7, iOGETMER N~ETH A . PORTION OF THAT CERTAIN REAL PROPERTY A5 DESCR6BED AND CONVEYED Td CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S 1/2) D=6~.3~'S3~ OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE fig WEST OF THE SIXTH PRINCIPAL MERIDIAN, , t COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: R=1323.78 L=150.90' COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW t/4) OF SAID ChB=S88~Z8~.3O~ SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW i 1/4) BEARS NORTH 00'22'44" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS ChL=150.82 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 ~a+ SAID SOUTHWEST QUARTER (SW 1/4); THENCE CONTINUWG ALONG SAID EAST LINE, NORTH 00'22'44" WEST, 171.61 FEET TO A MAP LEGEND POINT ON THE BOUNDARY OF SAID CORRECTION DEED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: Q M0 1. SOUTH 81'1211" WEST, 438.70 FEET TO A POINT; (C) CAL 2. SOUTH 85'00'54" WEST, 480.94 FEET TO THE POINT OF BEGINNING; (M~ ME THENCE CONTINUING ALONG SAID BOUNDARY OF SAID CORRECTION DEED THE FOLLOWING SIX (R) REC ...f (6) COURSES: ~ . ~ _ EXI 1. SOUTH 89'49'59" WEST, 310.18 FEET TO A POINT; 2. SOUTH 88'36'28" WEST, 125.11 FEET TO A POINT; ~ EXI 3. SOUTH 85'49'53" WEST, 273.10 FEET TO A POINT; ~ ~ CO 4. NORTH 88'15'34" WEST, 397.05 FEET TO A TANGENT CURVE TO THE LEFT CONCAVE EXI SOUTHERLY; 5. WESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 1323.78 FEET, AND WHOSE LONG - - PU CHORD BEARS SOUTH 8$'2830"WEST AND HAS A CHORD LENGTH OF 150.82 FEET, NE THROUGH A CENTRAL ANGLE OF 0631'53", FOR AN ARC LENGTH OF 150.90 FEET TO A ~ ~ ~ ~ ~ POINT OF NON-TANGENCY; PER 6. NORTH 00'11'45" WEST, 362.13 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PARCEL AS DESCRIBED AND CONVEYED AT RECEP110N No. 2008011087; j-~ _ - THENCE ALONG SAID BOUNDARY THE FOLLOWING FOUR (4) COURSES: 1. SOUTH 86'1504" EAST, 260.84 FEET TO A POINT; STATEMENT OF A 2. SOUTH 7433'52" EAST, 239.61 FEET TO A POINT; T 3. NORTH 74'18'51" EAST, 322.38 FEET TO A POINT; THE GEODETIC POINT COORDINATE DATE SH 4. NORTH 63'00'12" EAST, 458.54 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102-H SYSTEM OF 1983, CENTRAL ZONE 0502, AN AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; FEET AT THE 95~ CONFIDENCE LEVEL, AS D THENCE ALONG SAID SOUTH LINE THE FOLLOWING TWO (2) COURSES: FEDERAL GEODETIC CONTROL SUBCOMMITTEE .a 1. NORTH 80'3552° EAST, 231.36 FEET TO A POINT; 2. NORTH 87'00'55' EAST, 208.24 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN RIGHT-OF-WAY AS DESCRIBED AND CONVEYED IN THAT CERTAIN SPECIAL WARRANTY DEED pwNERSHIP LIS ON FILE AT RECEPTION No. 2007136692; THENCE ALONG THE BOUNDARY OF SAID RIGHT-OF-WAY THE FOLLOWING FIVE (5) COURSES: CONTIGUITY TA 1. SOUTHWESTERLY ALONG ANON-TANGENT CURVE TO THE LEFT CONCAVE SOUTHEASTERLY, CURRENT OWNER(S) OF PROPO HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS SOUTH 46'33'18" ANNEXATION LANDS: WEST 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 OF TANGENCY; LENGTH OF EXISTING WHEAT RI 2. SOUTH 32°40'24"WEST, 57.33 FEET TO A POINT; 3. NORTH 57°19'36"WEST, 10.00 FEET TO A POINT; COINCIDENT WITH 4. SOUTH 32°40'24"WEST, 57.33 FEET TO ANON-TANGENT CURVE TO THE RIGHT CONCAVE PROPOSED ANNEXATION LANDS: LANDS: ' 3. GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM BASE POINT PHAC 1 PHAC 1 WHICH HAS THE FOLLOWING ~1r DESIGNED BY: FMZ NORTHWESTERLY; COORDINATE VALUES: CHECKED Ym F 5. SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LENGTH OF TOTAL BOUNDARY 0 LONG CHORD BEARS SOUTH 52°47'22"WEST AND HAS A CHORD LENGTH OF 270.97 FEET, ANNEXATION LANDS: THROUGH A CENTRAL ANGLE OF 39'3549", FOR AN ARC LENGTH OF 276.44 FEET TO A COUNTY CLERK AND RECORDERS CERTIFICATE ~~~~~P THIS ANNEXATION MAP WAS FILED FOR RECORD IN THE OFFICE OF THE JEFFERSON COUNTY, COLORADO CLERK AND RECORDER ON POINT OF NON-TANGENCY; LENGTH RATIO OF PROPOSED At ,in run /n\ nn~imnl nnlKiTC. , 2008. THENCE LEAVING SAID BOUNDARY, SOUTH 32'2903" EAST, 189.48 FEET TO THE POINT OF TO EXISTING CONTIGUOUS WHE BEGINNING. 1 3 CONTAINING 535,845 SQUARE FEET OR 12.301 ACRES OF LAND, MORE OR HESS. TOTAL AREA OF PROPOSED ANN End of Legal Description. 41.. Prospect Recreation & Park District 4198 Xenon Street Wheat Ridge, Colorado 80033 Flora A. Andrus, Board Chair fandrus @AOL.cmn, 303-278-8660 Wheat Ridge Community Development 7500 W. 29th 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 #1 and #2. 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, CGoaa pg. dfnd¢ru 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 A MIMEXAT101 A MAkR 2 - COORS AT CLE AR CREEK BEING A PORTION OF THE SOUTH HALF IS 1/2) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CO UNTY OF m JEFF ERSON, STATE OF COLORADO I5'M HIRED 257 2649 West 44th Avenue . m k 1891 2429 .50'(M)' 1 I.~. r, Y (1, PA Elk y 1# Y ~ \ fWN01LLENSIE ALLOY M BRAD Ur. NF°BIE (ALAULA GA. 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(200]136692 M CnO1131156'E / F K NAI k U, LEGAL DESCRIPTION b H4 / Onww C PY OF YN&0P W ®G of=GMA3. a Total Area to be Annexed: I ED C OUxD L ~ \WASHER MARKED /11 OF ANNEXABLE LANDS K IN GM 535,845 S.F. 02.301 acres) SBB'o4nrE m Ga;° M: ' . ^ n ' aDI sSnTn'W , roarervswORM Ls 16401' BEING A PORTION OF MAT CERTAIN REAL PAOPFAIY AS DROPPED IN Ar CERTAIN BED s 99 CM` ECTION OECD ON PLE AT RECEPTION No, AMAM 289 IN 1HE GI OF MEW I o ne 31 66.59 ~ y NtlN :]93593' S85'OES< W <eo LANDS 9a(L) Npyp'tTET3 COMPANY U CO S0EZ2'44 C 111261 US) O A ARFLWEER OF IRE COUNTY OF JeFER ON, STALE OF COLdtAEEI rOGLMfR VAM A ARGON Or THAT CERTAIN REAL MORMY AS BELGIUM AND, CORTESE ro WY OE ' 9 a 2 0 " ' G ORS BREWEDj.1 .CUB 2~ CO L # RECEPTOR No. mpmNGEz ALL LYING AMID ME scum NACU IS 1/z) 0=631 53" 4 1 S WAESECI AT ANNE ANSHIP I SOO E fig OF 19 IT ST IF M THE E SIXTH INN O ENT NNITA 9 3618 588 W PARCE APA T . F , M OC N, F COUNTY R=I J cpONtt OF RFMRSOx SEAL OF CO R F LO ' SPE A 125, GNPLATTED LANDS \ NO `e o w an " a OLUTO TED p5IB5CRIIRBEB AS AS . U MB . MO E OUOY5 . CUL 0.90, UNPLATTED LANDS L=150 90' COORS BREWING COMPANY . COMMON GNG AT ME s0MG5T LCxNER EF ME SUMMIT DEATHS (SW 1/1) OF SAID COORS BREWING COMPANY PARCELARO-2444XA001 POINT OF BEGINNING O \ DAD=5R878'JD"W 4 5W,y}4 FOUND BEEN LM PLC SECTION 19. FRAM MHA 11 ME ANTREAST TIMES OF 1. SWMAEST DANTER (SW PARCELC3D-244 -0p- OUR 1/1) SEA" NORM 0 012H' NEST A DISTANCE OF 2612N FF£T 'MM ALL BEARINGS CAL=I5D.E2' NO NOTAPART 13+11. 2• . IRS, (ACCEPTED As S 11. /6' 119 L , TAPEARF HERON REUIEU LEONARD, ~R I~B&' S I/I6 ) C TENSE ALONG ME EAST LINE OF SAID SOUTHWEST QUAKER (SW 1/4), NpEM IN 22'H' AGG I A NF eo ° I` /Rryy BW' ~ J C S i6N FR- FLFB N -I KIT. 13U FEET TO THE SOUTHEAST CORNEA OF ME NOAMEAIT SUMMER ONE 1/1) CS M" o ° ' ~ . ' ND ~ SAID NA THEALL RE WEST WAITED MW 1/411 NEI mwTE RDA DO U ALExc A EASTUE. NORM oozz'u'AESII 111,61 FEET TGA MAP LEGEND RTH SCALE: 1 = 100 (U.S. STOICALLY FEET) h' em v= eo AI E OUN THE L OF F S W AID POINT R D, C MIND ALONG ON wc SAN ID awxpnRr THE E B (2) T3flsfs: O MONUMENT FOUND, AS NOTEp BOUNDARY BREWING TWO \ 1. SCUM 011211' Wf51, PLEAD MET TO A POINT; (C) CALCULATED 2 NAI 8591159' WEST, 48094 MET TO ME POINT OF BELINNMC (M) MEASURED I'39 U µ1'65 POINT GF CGMMENCEMENi MENa CONTINUING ALONG SAID BOUNDARY OF NNE DECISION DEED BIG FAIRNESS SX (R) RECORD 1 TAT 39Y6'04W STONE aSEI W6fLE0 L Y W I (6) COURSES y LW6 IA PME AS I 1 y E%ISPNG CITY OF WHEAT RIDGE LIMITS \ / Lm .LOU / 121 1. LOAM ' 9' ASST, 31018 FEET IO A POINT; E%ISPNC CITY OF WHEAT RIDGE PULP . SP1 ANT, 2 M 8996'x0' FEET TO A 1111 VE 273.10 RE CALLENDER WITH PROPOSED ANNEXATION BOUNDARY 3 . EL A 85'99'51 AESr. 43.1 TO PONT, NOR 4. mM OEM 34' NEST, 39].05 FEET TO A EARGENT CURVE TO ME LEFT CONCAVE LISTING PARCEL ON LOT ONE 2 5. ART LILY ALONG AM WRAP HAVING A RADIUS OF 1323,75 FEET AID "M LONG - - PUBLIC L.ES SURVEY SECTION LINE SURVEYOR'S NOTES SURVEYOR'S CERTIFICATE F LxptD eEMS souM 88'20:10'MES! AND HAS A cxORD LENGTH OF 150ex FEET NEW CITY OF WHEAT relpcE BourvpARr ROACH A L AAL ANGLE Of 06}153', fOR AN OAC LENGTH OF ISO.90 ifEi TO A PER THIS BONDMAN ' 1 ACCORDING TO CGLOPAdO LAW YW LOST COMMERCE ANY LEGAL ACTION BASCO DEAN ANY OPEN' IN ME ALRYEY MMIN THREE YEARS MENCED xME L IRAxK M MIN T A UNCESED PRULFBIO AL. LAND 91RYEYOR IN ME STATE OF CoIceACO. DO HEREBY WHOUR MAT ME ANNIXAnOx MAP SHOW LW ANN NEXAnGH BY LANDS RI ME 97 OF MEAT WAGE COLORADO WAS PREPARED UNDER MY DIflECT SUPERCOLD AND, TO ME BEST OF MV F HE iTLON £ - gryr OF NONrANCq LY; 6. NORM DOTP45 WEST, 36213 FEEI M A PGINI ON ME BOUNDARY OF MAT CERTAIN APPLE YOU FIRST DISCOLKR SUCH DEFECT. IN NO BULL MAY ANY ACTION BASED VPdi ANY DEFECT W MI5 ELECT) pE COM AN OR MARS FROM ME DATE OF ME CERTIFICATION WORD BUREAU SUSAN, ACTUALLY AND PROPERLY DOUG SAID AMP AnON. KNE'MF O CE AND R PARCEL AS DESCRIBED AND CAMPTO AT RECEPTOR A, .,Ali,.,: 2 MIS SLRKY DOB NNE TRITIUM A PRE SEARCH BY US ASSOCIATES FOR INFORMATION NUMBERS BOUNDARY. GSE4EN5 AND TME. 2 ° MFNQ ALONG SAID BWNEMY ME BOOM FOUR (4) COURSES: AM AEUM UPON A TILE COMMITMENT PREPARED BY COUNTY NATIONAL TILE INSURANCE COMPANY, OLDER No. QIFP22X, AIM a EFFECTIVE IF B 1 SOOM U1504- EAST 20a FEET N A POIN STATEMENT OF ACCURACY DATE OF FEBRUARY 0, 20M AT ]:.TO A,M. S PLS. M. RL BANK OF IF N w a T . 2 SIAM ]9'33'SY Gsr. 23961 MET TO A ION" S BA95 OF BEARINOR $WM ma2u" EAST, BBNG ME BEARING OF ME EAST THE OF ME SOUTHWEST WALTER OBS I/a) OF SECTION 19, TRIP N ER SEND COLORADO TRIPS WAIES INC. FAR aG AsS A Q M IF ° `L } NOM THB'SI' EAST, 3]231 FEET TO A POINT; ME GETEnC POINT COORDINATE DAM BOOM HEREIN HAS BOB DERIVED FROM ME COLORADO COORDINATE 04 US SURVEY 4 NWM ISM 12' FAST 05851 FEET TO A PUNT W ME SOUTH LINE AD PARCEL IGA-H 511E D GF 1983 CENTRAL NNE 0502 AND HAS A HORIZONTAL ACCURACY CLERSOCAnON OF 0 TOWNSHIP 3 SOUTH RANGE 69 MAT OF ME DAM PRINCIPAL BROAD AS MIXHVMAN BY AN IaECIBIE Y DINMEIIX 8RA55 CAP IN AA4CE CONCRE R MASS AT ME BUT AT ME NORTHEAST TRNIX OF SAO SOUTHWEST MARTIN DW 1/9), AND BY A WISTED AN IN SSE O SET IN E ~ POAD, S EAT E. UPWARD NNE MEEAMAM NUACE CO 00 ED Z W ° n C. m c L , , , , AS DESCRIBED MIT U.N. IN MAT CERTAIN DEC Ix BOCK 2227 AT PAGES 527-531; FEET AT ME 951 CONDOENCE LEVEL AS DEFlNG IN ME CFOEGATIAL POSTPONING ACCURACY STANDARDS GF ME SOUTHEAST CORDER OF SAID SOUROACT MARTIN (M 1/1). ('I') WCO THENCE ALLIES SAID SWM ONE ME NUMBER TVA] (z) COURSES FEDERAL GRETIC CONTROL NUBCCMMNILE (FLOC-SN-007.2-1998). 4 LED) SUGAR DAL[ JUNE 21 20M p 2 O 2 , , ° m (3 I. NMM SOMBEN' EAST, 231.X FEET TO A PENT: ¢ ° ° z. NORM DAYS III BIT 208N FEET TO A PUNT IN ME BOUNDARY BE MAT ARMS RIGHTOF My As AESLRBN AND Cdi E m N A A A ANT D O CITY CLERK'S CERTIFICATE - v Y I M T L SING SPGY RR Y L W ® ON WE AT NUMBER No 2DE]13669z OWNERSHIP LISTING and . O HEREBY COUNTY MAT T OLD BEAK OF ME CITY OF RIDGE MEET COU AT TR N a HIS Is A MOM AND ACCURATE COPY S A ME OF I W MEDIA AWxc ME BdInDARV OF BAD RIGHT-AT-WAY ME rOloNixc FIVE (9 CWR45: CONTIGUITY TABULATIONS AN AT GS CT AT ix[ avryP'Anon USE AWRDYFD BY Ml E an COUNCIL IF ME .11 F ACTION, CONTAINING AD AAUGI IS NEIRYAM MIT MAT DRO1xMCE BECA A TTED CR M S LANDS A NGLES D ME EFFECnvF M Z ORMATION EMI Y , STY BY AUDI ANCE _ DAN AND Is RECORDED UNDER RECEPTOR NUMBER AN zODe. w m - 1. ALONG A xlx-TANGENT WRIE TO ME LEFT THGK SOUMG6LF4r, CURRENTOWNER(S) OF PROPOSED COORS BREWING COMPANY AND ' COORDINATE SYSTEM INF N L BRING xANC A BADUS W BASS FEET, AND ANNE LONG DUMB DEEP SOUTH 46.33 19 WAS AND HAS A woflD LENGTH cr 25310 MET, THROUGH A MORAL ANGLE OF ANNEXATION LANDS: DONALD W. MRLDONALD: CITY OF WHEAT WAGE ' ' ' 1. COORDINATE sTSIEN IS ME STATE PLANE VISITED rOOtDWAIE SYSTEM, CENTRAL EGHE 05D2 _ o o ° Q 45 a0 21 , NR AN ARC LENGTH OF ASIDE MET 11 A MIND OF TANCFNLYI 26W ME 32.4Pa' ALIT SZm MET TO A'MIT. LENGTH OF EXISTING WHEAT RIDGE BOUNDARY 8I6A]L0. 2 VFATCAL DAMN IS THE NORM AMERICAN VERTICAL DAMN OF 19M RAW B5). q1Y CIfflK cr °e.ooMw 3. NORM 5]'193 UISSE. 1UT MAT TO A PANT; COINCIDENT WITH CITY OF WHEAT WALE 4. zb'EESi, 5235 FEET M A NON-TANONi WRVS TO ME RIGHT WHCAVE PROPOSED ABNEGATION LANDS: S MOUND TO WD CONRA D SCALE FACTOR Is 0999]4780300. SCALD FROM BASE PUNT PHAC 1 ANCH HAS ME FOWAING eclceo By: F "UN ESSR m 2 COORDINATE VALUES: ALEJB ESraT 5 ALGNC SAO WRV . LONG EN E, HANNA AND A RADIUS OF WOPAIRS RD LENGTH REr,AND AROSE 27097 FEET, LOAM AD B ARS SID S S 6T CARD GF AS A LENGTH OF TOTAL BOUNDARY OF PROPOSED 4215.91 L.F. ANNEXATION LANDS HARMING: n0lzse.]s COUNTY CLERK AND RECORDER'S CERTIFICATE T 2 S! A 491UIT .1 Ax Lf 01 OF J9.35' ]8H MET T TO A A IRAL MRGUCH NR ARC LENGTH IF C G AxL : FARGO: TIMOR ON Paxr OF NON-PRIMACY: LENGTH RATIO OF PROPOSED ANNEXATION BOUNDARY 4 0101 DURATION: 547162 MIS ANNAAnpN MAP WAS PLED NR RECORD IN ME OFFICE OF ME YnEASW COUNTY TLMADO cLmx AND RECIflDFR ON ME DAY OF MANI MANIC SAD BWNDANY, COIIM 32]905 EAST, 189.48 FIAT TO ME POINT OF TOBDE BL . TOIX ST NGCANT GUOUS WHEAT WDGE BODNOARY: (6:1 MAP, R211O 2110WPE) 4 MAN BASIS OF BEARINGS: BW M WEGGEW EAST, 4 DETERMINED BERLIN ME FOLLOWING so (z) CCNIRO POINTS 2008' N CONTAINING 535 845 SQUARE FEET OR 12 AM ACRES OE LAND MORE OR LESS TOTALAREAOF PROPOSED ANNEXATION: 12.301 Acres GTY OF AN AT RIDES 10. 014001 (NUMBER NUMBER CARVED OF BEGINS 19, r. AS. M HIVE T 35 R MR) 815001 P.G. SENATE GMAIR AT I.N. 19 GTY OF W'SAI RIIX£ L 0 BY , , . Ens 01 LARII OMAPPOPn. , . , . COUNTY CIEM AND RECORDER DEPUTY SHEET 1/1 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 ~ b z no ~b ~o C~ t~J = a n (D CD (D Q 0 CD CD -o u ~ C CD . C:, a ~ ~ ~0 NC z o~ w o o oo n o wl Q O ° (D o TO CD o a' O CD (D CD 0 ~ G- CD CD CD CD ~ p CD n ~ ~ z ° o CD n C-D (D (D oo O p w CA O 1 O ° 0 rD m (7 ►►S rn m o (lQ C7 ° (DD v(D E~ p o ° O .`S th o p CD rrAA a W CD ~ x z o M ► s' z o 0 P7, ~ p ° x . 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O C: • N e~+ Q °v mCD c (n 0- Cn CD 3 x o M tlll!~'i~95g~~i~~j'li !!!et: ~!~•!tl'~I~'~ °g 6. i Sri I: ;',~~ll,'~ !:!!iPI PI'eo1•I ili r!ii°~ :I~~ ~ 1 9~'-• r9f~'~!iSE ijii!fJ,Ua~~ .•figt=°I! ::ol6l 55" ,,flit i ~6~I~Ij`~ !is€!99 i ee _ • lige ~ e3i;'~ ?~I~?Ip lee a €F ! s P F Z -x 91 ~ t~ul , • i iEgi 1~ 1 3z ~ lit ! f1 ! 1 acv ig~ !11 1 i ii I-!! 11-00 i ! !9 Y g Ja =~y ILI • ul~ ~ e ~ fi !1 a I . n ; glg f~4 a it i{ x i~ ~6 f ° t J !9 Jill l~h tli D D -I v -I C 0- :3 =3 =3 ct CD 0 0 CD -0 x 3 W o o ~ = 3 COD p N m W =3 CD v O_ v FD' x M C a Q CD C - C n o CD CD 0 o CD N Cp (n 3 n' CD ID ~ O CD v O N O O O X O o c Q Q n O j O C O C CD Cl) N D 0 v o m CD CD =5 O vi N O O o cQ o CD v ~ c CD Cl) o' 1 •J 0 O O X M it L Q N n O 1 D CD x y e--h Cf) OQ WheatRdge FQ~~ ITEM NO: `L REQUEST FOR CITY COUNCIL ACTION Ili ill ~ 3 COUNCIL MEETING DATE: November 10, 2008 TITLE: COUNCIL BILL NO. 19-2008 - 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, AND APPROVING THE ANNEXATION (CASE NO. ANX-08-02/COORS AT CLEAR CREED ® PUBLIC HEARING ❑ ORDINANCES FOR 1sT READING (10/27/2008) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING (11/10/2008) ❑ RESOLUTIONS Quasi-judicial: ❑ YES ® NO Community Dev nt Di or City Managg EXECUTIVE SUMMARY: 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 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. 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. 19-2008 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. 19-2008, an ordinance approving an annexation to the City of Wheat 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. 19-2008 2. Annexation Impact Report with draft Annexation Agreement 3. Annexation Map CITY OF WHEAT RIDGE, COLORADO Council Bill 19-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF WHEAT RIDGE, COLORADO (CASE NO. ANX-08-02/COORS AT CLEAR CREEK) 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; ATTACHMENT I 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; 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 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 06°31'53", FOR AN ARC LENGTH OF 150.90 FEET TO A POINT OF NON-TANGENCY; 6. NORTH 00011'45" WEST, 362.13 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PARCEL AS DESCRIBED AND CONVEYED AT RECEPTION No. 2008011087; THENCE ALONG SAID BOUNDARY THE FOLLOWING FOUR (4) COURSES: 1. SOUTH 86015'04" EAST, 260.84 FEET TO A POINT; 2. SOUTH 74033'52" EAST, 239.61 FEET TO A POINT; 3. NORTH 74018'51" EAST, 322.38 FEET TO A POINT; 4. NORTH 63000'12" EAST, 458.54 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 80035'52" EAST, 231.36 FEET TO A POINT; 2. NORTH 87000'55" EAST, 208.24 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°33'18" WEST 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 OF TANGENCY; 2. SOUTH 32°40'24" WEST, 57.33 FEET TO A POINT; 3. NORTH 57019'36" WEST, 10.00 FEET TO A POINT; 2 4. SOUTH 32°40'24" 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 52°47'22" 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 32°29'03" EAST, 189.48 FEET TO THE POINT OF BEGINNING. CONTAINING 535,845 SQUARE FEET OR 12.301 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 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: 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 a) - I) and 11) 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. 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; ATTACHMENT 2 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/ 2480 W. 26' Ave./ Denver, CO 80211 2) Prospect Recreation and Park District/ 4198 Xenon St. /Wheat Ridge, CO 80033 3) West Metro Fire Protection District/ 445 S. Allison/ Lakewood, CO 80226 4) Fairmont Fire Protection District/4755 Isabel/Golden, CO 80403 5) Law Enforcement Authority c% Jefferson County Sheriffs Office / 200 Jefferson County Pkwy/Golden, CO 80409 6) Jefferson County School District R-1 / 1829 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. 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. 29 h 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 asset 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 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. 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. 6 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 1 The above and foregoing instrument was acknowledged before me this , 2008, by as Brewing Company, Owner. My Commission _ day of of Coors 8 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 _ - , ' _ AT CLEAR CREEK ~ C ~ ~ ECTION 1 9, TOWNSHIP 3 ~ ~ r ~ _ ~ . d,,,, ue s , a ~ . ~ a ~ . MERIi,~IAN, COUNTY C1F _ _ _ ~ ~ . w._ y ~ ►r~n ~ . ~ K. ~ ,S ~ '4 {T p . " . ~ ° ~ ~ u ..~1 ~ rn. I ~ z y ~ 1 ~ 1 m ~ a i a _ s. r ~ ~ ~ & ~ Y < ~ ~ M W ' g. t A }~.4 ~1 w i r,' 1^~d x , ~ ~ . , j t p c ~ p, ~ a- m ,y ..~.w... i _ - F y i ~eb~ P ~ 'f ,-t _ 1 " ~ ~ 4 . /L~ as Y , . ~ ~ , . ; ~ ~ v +s _ i y t _ ~ _ p a ~ ~ ~3 c r~°' ~ e I , v' ° ~J r, , ~ ~ ~ j - _ ' ~ Q~1 ® r ~ ~ P ~ ~ _ ~ ~ , ~ , o ~ , A £ V ~ u „Rw.-" q A"e- Y ° ~ 3t x ~ ~ a x e ~ 1 "~t S+ a1 ;c i < E 4.kJ! Ste, ' ` ~ nay' °e+~' F g ° ~ ~ e _ v~ue . e ~ NO 1145 W 14, 0~ o ~ oo° ~~c~~~s 'v , ~ nnn n ~ n ~ ~ ~ ~ ~a vvwrra~su %IIV(n11SU Vt/o IA`AI~II~iUluJI1V/n1L~Lul ChB=S60'14'17"E _ ~ i Chi=491.51' _ e Sn 8S ~ ~ ~J o O PUBLIC RIGHT-OF-WAY IN FAVOR OF CITY OF -~Vtl.VU J WHEAT RIDGE PER REC. #2007136692 cJ~ L=534,52 LEGAL DESCRIPTION ~ ~ GRID N: 1706542.013 O~~~Pa C~~~1 0~ ~n G~C~G^a4 G°3~DC~C~ ter? Total Area to be Annexed: o~~~. _ { F ~ ~ GRID E: 3094321.740. BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN LATITUDE: 39'4 '22.030" CORRECTION DEED ON FlLE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK LONGITU~F/ 105'09'51.995" AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A POR110N 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) D=F)~.3~'S3~ 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: R=X32378 L=150.90' COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID ChB=S88~Z8~.3O~W SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW Y- 1/4) BEARS NORTH 00'22'44" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS ChL=150.82 . HEREIN RELATED THERETO; .j 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 TH NCE~ C N~NUI GU ALONG (SAID, EAST LINE, NORTH 00'22'44" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORREC110N DEED; MAP LEGEND THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: Q MONUMEN ~ • ~ r 1. SOUTH 81'1211" WEST, 438.70 FEET TO A POINT; CALCULA 2. SOUTH 85'00'54" WEST, 480.94 FEET TO THE POINT OF BEGINNING; (M~ MEASURE THENCE CONTINUING ALONG SAID BOUNDARY OF SAID CORRECT10N DEED THE FOLLOWING SIX (R~ RECORD .n .f 5 r (6) COURSES: EXISTING ~ { dI 1. SOUTH 89'49'59" WEST, 310.18 FEET TO A POINT; 1~ / / f 2. SOUTH 8836'28" WEST, 125.11 FEET TO A POINT; ~.~-4 CONTIGU 3. SOUTH 85'49'53" WEST, 273.10 FEET TO A POINT; Sri 4. NORTH 8875'34" WEST, 397.05 FEET TO A TANGENT CURVE TO THE LEFT CONCAVE EXISTING j SOUTHERLY; 2 5. WESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 1323.78 FEET, AND WHOSE LONG - - PUBLIC L CHORD BEARS SOUTH 88'2830"WEST AND HAS A CHORD LENGTH OF 150.82 FEET, THROUGH A CENTRAL ANGLE OF 06'3153", FOR AN ARC LENGTH OF 150.90 FEET TO A ~ ~ ~ ~ ~ NEW CITY 1 POINT OF NON-TANGENCY; PER THIS 6. NORTH 00'11'45" WEST, 362.13 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PARCEL AS DESCRIBED AND CONVEYED AT RECEPTION No. 200$011087; THENCE ALONG SAID BOUNDARY THE FOLLOWING FOUR (4) COURSES: 1 1. SOUTH 86'1504" EAST, 260.84 FEET TO A POINT; STATEMENT OF ACC 2. SOUTH 74'33'52" EAST, 239.61 FEET TO A POINT; 3. NORTH 74'18'51" EAST, 322.38 FEET TO A POINT; THE GEODETIC POINT COORDINATE DATE SHOWN HE 4. NORTH 63'00'12" EAST, 458.54 FEET TO A POINT ON THE SOUTH I.WE OF PARCEL 102-N SYSTEM OF 1983, CENTRAL ZONE 0502, AND HAS AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; FEET AT THE 95~ CONFIDENCE LEVEL, AS DEFINED f THENCE ALONG SAID SOUTH SINE THE FOLLOWING TWO (2) COURSES: FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGD 1. NORTH 80'3552" EAST, 231.36 FEET TO A POINT; 4 'i P l 1 2. NORTH 87'00'55" EAST, 208.24 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN Y~ RIGHT-OF-WAY AS DESCRIBED AND CONVEYED IN THAT CERTAIN SPECIAL WARRANTY DEED OWNERSHIP LISTI ON FILE AT RECEPTION No. 2007136692; THENCE ALONG THE BOUNDARY OF SAID RIGHT-OF-WAY THE FOLLOWING FIVE (5) COURSES: CONTIGUITY TABU 1. SOUTHWESTERLY ALONG ANON-TANGENT CURVE TO THE LEFT CONCAVE SOUTHEASTERLY, CURRENT OWNER(S) OF PROPOSED HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS SOUTH 46'33'18° ANNEXATION LANDS: WEST AND HAS A CHORD LENGTH OF 283.10 FEET, THROUGH A CENTRAL ANGLE OF 27'4548", FOR AN ARC LENGTH OF 285.89 FEET TO A POINT OF TANGENCY; soun~ 3r4o'2a°wESr. 5.33 ~Er ro a PoiNT: LENGTH OF EXISTING WHEAT RIDGE B 3. NORTH 57019'36"WEST, 10.00 FEET TO A POINT; COINCIDENT WITH L. VGR III.NL VH IUM IJ 11'1C IVVR If1 HMCRII.HIV VLR IIUHL UA IUM VP Iy00 kIVHVU 06). CITY CLERK PROJECT 08.E 7 4. SOUTH 32040'24"WEST, 57.33 FEET TO ANON-TANGENT CURVE TO THE RIGHT CONCAVE PROPOSED ANNEXATION LANDS: S: 3. GROUND TO GRIP COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM BASE POINT PHAC 1 WHI COORDINATE VALUES: .C 1 WHICH HAS THE FOLLOWING CITY OF WHEAT RIDGE DRAWN BY. FMZ NORTHWESTERLY; DESIGNED Y® FMZ CHECKED Y: EMZ 5. SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LENGTH OF TOTAL BOUNDARY OF PR LONG CHORD BEARS SOUTH 52047'22"WEST AND HAS A CHORD LENGTH OF 270.97 FEET, ANNEXATION LANDS: OF PROPOSED 4215.91 L.F. THROUGH A CENTRAL ANGLE OF 39'3549"1 FOR AN ARC LENGTH OF 276.44 FEET TO A NORTHING: 1701258.75 FASTING: 3118217.58 COUNTY CLERK AND RECORDER'S CERTIFICATE POINT OF NON-TANGENCY; LENGTH RATIO OF PROPOSED ANNEX THENCE LEAVING SAID BOUNDARY, SOUTH 32'29'03" EAST, 189.48 FEET TO THE POINT OF TO EXISTING CONTIGUOUS WHEAT RIC 9NNEXATION BOUNDARY 4.810:1 ELEVATION: 5471.62 THIS ANNEXATION MAP WAS FILED FOR RECORD IN THE OFFICE OF THE JEFFERSON COUNTY, COLORADO CLERK AND RECORDER ON TH AMR 'R ON THE DAY OF EAT RIDGE BOUNDARY: (6 :1 Max. Ratio allowed) 4. GRID BASIS OF BEARINGS: SOUTH 00'2244" EAST, AS DETERMINED BETWEEN THE FOLLOWING TWO (2) C BEGINNING. CONTAINING 535,845 SQUARE FEET OR 12.301 ACRES OF LAND> MORE OR HESS. TOTAL AREA OF PROPOSED ANNEXATI NEXATION: 12.301 Acres CITY of WHEAT RIDGE I.D. #14001 (CENTER QUARTER CORNER OF SECTION 19, T. 3S, R. 69W) CITY OF WHEAT RIDGE I.D. #15001 (SOUTH QUARTER CORNER OF SECTION 19, T. 3S, R. 69W) End of Legal Description. EXHIBIT `A' LEGAL DESCRIPTION of ANNEXATION LANDS ANNEX #2 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; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81°12'11" WEST, 438.70 FEET TO A POINT; 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 06°31'53", FOR AN ARC LENGTH OF 150.90 FEET TO A POINT OF NON-TANGENCY; 6. NORTH 00011'45" WEST, 362.13 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PARCEL AS DESCRIBED AND CONVEYED AT RECEPTION No. 2008011087; THENCE ALONG SAID BOUNDARY THE FOLLOWING FOUR (4) COURSES: 1. SOUTH 86015'04" EAST, 260.84 FEET TO A POINT; 2. SOUTH 74033'52" EAST, 239.61 FEET TO A POINT; CITY OF WHEAT RIDGE 3. NORTH 74018'51" EAST, 322.38 FEET TO A POINT; PUBLIC WORKS DATE l0 3l or FILE C®PRECEIVED r COPY AvA,e-::x lq,f ~ ~ -REviS'Q 4. NORTH 63000'12" EAST, 458.54 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 80035'52" EAST, 231.36 FEET TO A POINT; 2. NORTH 87000'55" EAST, 208.24 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°33'18" WEST 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 OF TANGENCY; 2. SOUTH 32°40'24" WEST, 57.33 FEET TO A POINT; 3. NORTH 57°19'36" WEST, 10.00 FEET TO A POINT; 4. SOUTH 32°40'24" 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 52°47'22" 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 32°29'03" EAST, 189.48 FEET TO THE POINT OF BEGINNING. CONTAINING 535,845 SQUARE FEET OR 12.301 ACRES OF LAND, MORE OR LESS. End of Legal Description. Frank M. Zwolinski, P.L.S. For and on Behalf of CLC Associates, Inc. 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[.i VICINITY MAP NOT TO SCALE v L➢' F 0 )fr G- ~ N00'11'45°W u S 14.08' i 61 4 0. i I t ~ } Il ~ ti ~ n O ti ~ ~z f ~ o I M ~ (o~r~mc~r~~A C~~~G~~ [ P - o ~ ~ ~ DOaG°QdD yb~ ~ W`~ f rr ,u D=61'15 06 R=500.00 9 / L=534.52 _ s o ~ !v i i~ ~ t~a~~ r o '~a d c~ , Y LEGAL QESCRIPTION ~ GRID N: 1706542.013 GRiD E: 3094321, 740 1~~ LATITUQE: 39'4 '22.030" C~~~~r'f AI TI L o. 6~4289EINRTNEDOFFICEAOFCIHE CNERK LONGITUD • -105'09'51,995., - _ S 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 (5 1~2) Q=6°,jj 5,j t 1 i OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, R=~323.78~ J f COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: L= 750.90' i- COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1 /4) OF SAID ChB= S88 28 ~3O W i~ SF _ ~ SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW ChL=~50.82~ 1/4) BEARS NORTH aa'22'44" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; YY . ~ i 'r PREPARED UNDER THE QIRECT Sl1PERV191DN DF THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), NORTH 00'22'44" l . . FRANK M. ZWDLIN9K1, P.t,...3. CDLDRADD I..ICENp3E ND. WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF i 385® F'DR AND DN ®EHALF DF" CI_G AJJDGIATE9 SAID SOUTHWEST QUARTER (SW 1/4); MAP LEGEND ~r 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; MONUME THENCE ALONG SAID BOUNDARY THE FOLLOWWG TWO (2) COURSES: __Y _ _ i i _ - 1, SOUTH 81'12'11" WEST, 438.70 FEET TO A POINT; (C) CALCULA 2. SOUTH 85'00~54'~ WEST, 480.94 FEET TO THE POINT OF BEGINNING; (M) MEASURE _ _ ~ _ _ - A - _ - THENCE CONTINUWG ALONG SAID BOUNDARY OF SAID CaRRECTiON DEED THE FOLLOWING SIX (R~ RECORD kr~ ~ _ , (6) CQURSES: EXISTING „ ~ ~ ~ ~ a 1. SOUTH 89'49'59" WEST, 310.18 FEET TO A POINT; j 2. SOUTH 8836'28" WEST, 125.11 FEET TO A POINT; CONTIGU 3. SOUTH 85'49'53" WEST, 273.10 FEET TQ A PAINT; Z k ~ ~ b vs~ , ~ 4. NORTH 88'15'34" WEST, 397.05 FEET Tfl A TANGENT CURVE TO THE LEFT CONCAVE EXISTING ~ ~ _ r ~ , ~ SOUTHERLY; ~ _ 5. WESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 1323.78 FEET, AND NMOSE LONG - - PUBLIC CHORD BEARS SOUTH 88'28'30"NEST AND HAS A CHORD LENGTH OF 150.82 FEET, NEW CIT THROUGH A CENTRAL ANGLE OF 06'31'53°, FOR AN ARC LENGTH OF 150.90 FEET TO A ~ ~ ~ ~ ~ PER THI POINT OF NON-TANGENCY; ~ ~ ~ ~ ~ _ 4 6. NORTH 00'11'45" WEST, 362.13 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PARCEL AS DESCRIBED AND CONVEYED AT RECEPTION No. 2008011087; s C] h ~ THENCE ALONG SAIQ BOUNDARY THE FOLLOWWG FOUR (4) COURSES: t Q ~ Q. 1. SQU1H 86'15'04' EAST, 260.84 FEET TQ A P41NT, STATEMENT OF ACC 2. SOUTH 74'33'52" EAST, 239.61 FEET TO A POINT; I W ~ Q Z tY Q 3. N6RTH 74'18'51" EAST, 322.38 FEET TO A POINT; THE GE06ETIC POINT COORDINATE DATE SHOWN H f D CL ~ J Z 4. NORTH 63'00'12" EAST, 458.54 FEET TO A POINT ON THE 50UTH LINE OF PARCEL 102-H SYSTEM OF 1983, CENTRAL ZONE 0502, AND HAS AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; FEET AT THE 95~ CONFIDENCE LEVEL, AS DEFINE THENCE ALONG SAID SOUTH LINE THE FOLLOWING TWO (2) COURSES FEDERAL GEODETIC CONTROL SUBCOMMITTEE (FGD 1. NORTH 80'35'52" EAST, 231.36 FEET TO A POINT; 2. NORTH 87'00'55" EAST, 208.24 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN a t i I - Q D Z Z v' ~ > W~~ I~ ~Wyy - 6.~ ® Li. i ~ A A r-~ ~ J i 1 1 1 1 RIGHT-OF-WAY AS DESCRIBED AND CONVEYED IN THAT CERTAIN SPECIAL WARRANTY DEED aWNERSHIP LISTI QN FILE AT RECEPTION No. 2007136692; fYt I. _9 THENCE ALONG THE BOUNDARY QF SAID RIGHT-OF-WAY THE FOLLOWING FIVE (5) COURSES: CONTIGUITY TAB 1. SOUTHWESTERLY ALONG ANON-TANGENT CURVE TO THE LEFT CONCAVE SOUTHEASTERLY, CURRENT OWNER(S) OF PROPOSED ~ N ~ I Q ~ ® Q HAVING A RADIUS OE 590.00 FEET, AND WHOSE LONG CHORD BEARS SOUTH 46°33'18' ,gNNEXATION LP~1~?S: 1 I' f 0~ ® WEST 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 OF TANGENCY; LENGTH OF EXISTING WHEAT RIDGE 2. SOUTH 32°40'24'WEST, 57.33 FEET TO A POINT; ' - PR®JECT ®~3.®0~4 DRAWN BYa FMZ 3. NORTH 57°19'36'WEST, 10.00 FEET TO A POINT; C~II~~ENT~U11}~ DE'.3lCNE~► BY: NIZ CHECKED BY: F'MZ 4. SOUTH 32°40'24'WEST, 57.33 FEET 10 ANON-TANGENT CURVE TO THE RIGHT CONCAVE PROPOSED ANNEXATION LANQS: Y s , - NORTHWESTERLY; 5. SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LENGTH OF TOTAL BOUNDARY OF PR LANG CHORD BEARS SOUTH 52°47~22'WEST AND HAS A CHORE LENGTH OF 270_97 FEET, ,e,NNEXATION LAWDS: THROUGH A CENTRAL ANGLE OF 39°3549' FOR AN ARC LENGTH OF 276.44 FEEI IU A THIS ANNEXATION MAP WAS FILED FOR RECORD IN THE OFFICE OF THE JEFFERSON COUNTY, COLORADO CLERK AND RECORDER ON ]HE uAr ur POINT OF NON-TANGENCY; LENGTH RATIO OF PROPOSED MIND F" MARY ELEVATION: 5471,62 s~~U►~txe~t'~1 L POINTS: 2008. THENCE LEAVING SAID BOUNDARY, SOUTH 32'29'03" EAST, 189.48 FEET TO THE POINT OF TO EXISTING CONTIGUOUS WHEAT RI BEGINNING. r TOTAL AREA OF PROPOSED ANNEXA CONTAINING 535,845 SQUARE FEET OR 12.301 ACRES OF LAND, MORE OR LESS. COUNTY CLERK AND RECORDER DEPUTY SHEET 1/1 End of Legal Description. - U- 1 I p 11,_ ~1 f THE WHEAT RIDGE TRANSCRIPT 1000 10th Street, Golden, CO 80401 1. 1. C Stauffer, 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. 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 uninterrupted and con- tinuously during a period of at least $2 consecutive weeks next prior to the first Issue there-of containing said publication, a copy of which is hereto attached; 4. That the said newspaper is a weekly newspaper of general circulation, and is printed and published In whole or in pan in the City of Golden and the said County of Jefferson in which said publication is required by law to be pub- lished, a copy of which is hereunto attachcd; 5. That the said newspaper is a weekly newspaper qualified to publish legal notices, as defined by the Statutes of the State of Colorado; 6. That said newspaper had, prior to January 1. 1936, and has ever since that date, been admitted to the United Slates mail as second class matter under the provi- sions of the Act of March 3, 1979. or any amendments thereto; 7. That the said annexed publication was published in the regular, end entire edi- ion of the Golden Transcript, a duly qualified weekly newspaper for that pur- pose, within the terms and means of the Statutes of the State of Colorado; 8. That the said annexed publication is a full, true, and correct copy of the original which was regularly published in each of the regular and entire issues of the Golden Transcript, a legally qualified paper for that purpose, once each week on the same day of each week, for _4_ sucecessive weeks, by 3 insertions, and that the first publication thereof was in the October 9,.=, and that the last publica- tion was in the October 30.2008. Subscribed and sworn to before me this day of October 30,?,QQ$. BY: C STATE OF COLOAAD SS cramp of IoMrim witneu my Lend and official seal * No4ry public rI1REN MINE NIOLINE xmAar puat.lc MtTa M aorahatop it aiwiMt rw►itian i ieoi" NOTICE OF PUBLIG H6ARINO I On September 22. all the W114111 R1609 DIV 1 ouncll adopted Rea ludon No. S0. Saney 2008. a I • isBaldllon llnding a Pelltloh lot OrKlOadOn of 4 par. al of lend loceled In 5601101110. Tawnal 3 South I t. SOUll POINT 9aega 69 weal of the Slxlh Pnnpbal Meridian. Iellel stale er Colorado, to be M Bub- ~ cl Deunl 9. SOOT' Pol . y BlAnaal opr lrenae with Goal., 31.12.10711), ! .3, NOR] Crylerado Revised Slamies And Seding a having dale Io consider the anneemlon, A copy or Bald poINT, 4, NOR" Ace01u0on Is attached hereto A6 EXhILLL 1. T NOTICE IS HERESY GIVEN of e-public leading , belols the City Council of the City Of Wheal RId26. TAN 0E 10 delarmind it M. ptopcaed anna"Ifon celomdo TMONCH , lies with Sections 3112-104 And, 31.12-105, com LOWPNT p C.R.S., or such pall Ihereol as may be repWraD to 1. NOR' a6rabllsh Ollglblllry undo, the Warne el TNa 31, Allol4 POINT: ea ams0sed, Irnewn as Me MIJ-16PEl pall 1 12 , , Annexation Act of 1935, and the CCeadfutlon at M8 POINT pOINT' Glatt, of Octaraoo, Adlde If. 8-11011 30, As Bar" I AIGHT• The hearing will lake place on NOWn'll 10, ad VSYED . ebOP At 7 00 p.m, br Be aeon as paaelble Ihereeller. I DEEP I el Pe City Council Chemhm'a ec 7900 Wan 2111, THBNC Avenue. Whoat'RidSe, Ca10ro00. Any pereon may RIGHT appaar sl sold neerinp and pEnt -lid n- urwn nor to be ealermined by the city Coun011, " I COURI 1 1. 90t pony drop o..d for annaxallan IS more parv an Thy y 1 CURVI I LEGAL DESCRIPTION al ANNEXATION LANDS Ilcul Sly tl...rbed Be lollowo', ' OPLY. I WH0s ae + WEST IN THAT CERTAIN .R AT RECEPTION AND RECORDER OP THE COUNTY OF JEFF6R- M. SON, STATE OF COLORADO, TOGETHER WITH' . Pt AP&gTIONOFYHAT'OERTAINRCAL,hROPERTY ; 4. AS OEscRt9ED AND CONVEYED TO CITY OF ! N' WHEAT RIDGE AT RECEPTION No. 2007103382. ' C ALL LYING WITHIN THE SOUTH HALF (S ONE. 6. AT THE SOlR11ISAel,nil "ll rHWEST QUARTER SAIID SECTION 111. FROM NORTHEAST CORNOA OP SAID QUARTER '(SW ONE-0UARTER) 00.22'4-° WEST A DISTANCE OF WITH ALL GBARINGS HEREIN IETO; NG THE EAST. LINE OF SAID QUARTER (SW ONEOUARTER), WIN' WEST. 1321-3 FEET TO THS NORTH DO'22'SA' WENT, 171.01 FEET TO A POINT ON THE BOUNfA(iY;DF sli1D CORR~C- II T1oN DEED: THENCE ALONG 9'AID BDUNOAAY THE POL• `LOWING TWO (2) COURSES) ; 1. SOUTH 01.12'11'• WEST,'4 75EE1; Td A POINT, 2. SOUTH 85"00'54° WElyl;''J,)1dt94'6EVr THE PCINT'OP BEOINNIN01, THENCE CON71NUINS ALOTIG;;$~:~BOUNb ART of SAID•CORRECTION t~SG'Y;WE'FOL- LOWINO a... OOURSES: i- SOUTH So°4B'SB^ WEST, 310.10 FEET TO A PONT 2.,600TH 53'00'25" WEST, 125.11 FEET TO A POINT 3, SOUTH B6.4p'E3" WEB, 273.10 FELT To A POINT, 4. NORTH 85°16'94° WEST 387.55 FEET TO A TANGENT CURVE TO THE LEFT CONCAVE SOUTHORLT S. WESTERLY ALONG SAID CURVE, HAVING A RADIUS of 1323.70 FEET,`ANu WHOSE LONG CHORD Bill sol4TN'SB'2B'3D"• WEST AND HAS A CHORD LENOTH OF 150-02 FEET, THROUGH A CENTRAL ANGLE OF 05'31'53", POP AN ARC LENGTH OF 150,00 FEET TO A .POINT OF NON•TANOENCYI 0. NORTH Cl WEST 375.55 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PARCEL AS DESCRIBED AND CONVEYED AT RECEPTION No. 2W2011087; THENCE ALONG SAID BOUNDARY THIS Il (4) COURSES: 56.41'49' EAST, 251.10 FEET TO A 74.07'91° EAST, 236,01 FEET TO A 74'4504" EAST, d22.g5• PEST TO A 89°96'29' EAST Av.67 FEET TO A THE EDUTH LINE OF PARCEL 102•H USED AND CONVEYED IN THAT OCR. D IN SOON 2YZy AT PAGES 527.031; OLOND SAID SOUTH LINE THE 5Ol'.- TWo•(2) COUR9E6: FEET TO A i St'02'' EAST, t6B.57 i 57.04 EA9r, .247,06 FEET TO A S THE BOUNDARY OF THAT CERTAIN F•WAY AS DESCRIBED' AND CON. 4 THAT CERTAIN SPECIAL WARRANTY I FILE AT RECEPTION No. 2007136692; ALOAD THE BOUNDARY OF SAID s-WAY THE FOLLOWING I'll (5) m'ssATFRLY ALONG A NON-TANGENT VG A RADIUS OH 0ea.a0 res=.. NO CHORD ESARe sOUTH 46635.47 - AS: HAS A CHORD LENOTH OF 276.16 ROUGH A CENTRAL ANGLE OF WHI ALL FOR AN ARC LENGTH OF 272.73 HRAALL POINTOFTANGENCY; 33W6'22" WEST. 57.03 FEET TO A MEI 6ee33'21" WEST, 10.00 FEET TD A I CO AS DO 00¢03'02" WEST 57.33 FEET TO A ..T CURVE TO THE RIGHT CON. OF OU OP 400-0 FEET, ANd 1 • LEAVING SAID SOUNOAAY SOUTH EAST, 196.39 FEET TO THE POINT OF ND. IIND 543,884 SQUARE PEST OR 17.083 )F LAND, NOAE OA LESS. of pealed this 7 day. l DNdbaO 200e, Snow, Clty Cleric Y In Yoe WhauRlNs+weakept be~haa pinnpnp Iour al enaue 9, 2000. Ipn,Nei W L2 .,eBe.,.,rtnN FINDING A PE1)- OAST 11 wtva,,.,... a written PoOtbn mr-annalledon to, the EAS A, NOW , WHER Dlty el Wheel Flags, Colors00 of 6 eahaln PArcal01 TANOOI Grid 0o deePrlded in edpoled Whal1 A was 31611 SOUTH] W191 the City clam end lalarred BY 111M.10 166 Gift s Cl and R.S. So leO 01.12,147 inant 10 C RADIUS CHORD E . WHEREAS, dom In Clly C54nolt eilbnp uthe DDvemin9 ba5y kLAS -A Clry o; Wh9At RId"n" G01orANe,enrePe , reviewed ee bean eube 7ytROp ,erning the subyNnllBl compenpe 01 the 11611W VIIb'C.R.S, 31-42.107(1). . 'IOW,THEREFORE. BE TT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Seaton I, Tne wIOen poll for an Bi lee sub. go4ally complies with C.A.S. 9e00en 31.12• DT(1T A n d call Bill be =doied o od, loftyASLA vornba, At 7 7100100 Pat pm Od l1e l0tti dry of dIn a cwld the 01 Mu whet a1 (poste at 7501) K 2 Avenel SWheat Ridge, Colorsde,SOME, to d varminenl'I the no Y Formed 12 04 and e-12.1 6FIu =all part th9ce0lI95 m631. amerwem n atom upon any apparel g4 a 112 d0enae upoon 9nY ins5anro ba em'-color. w Connell. ale reeoliNon en0u be eHealNe+mme- dcpacn. AND' PASSED 'MIS 22nd. dey'.01 )00".. - MAyO (CIN'ON, 1RI,FTIOW64NNEXATICN LANDS 11YJIaA1 IN NS TNE• EAST L1NE•OF SARI QUARTER (SW ONE,DYATtTEl I- 14"•k'EST! 1M A5'FEETTO THE -;p CORNER OF.THE NOP1 Ep .14, IE ONE•,OUARTER),, N 0U4RTER(SV{ONE•OUAR'IEP); . ,C •INOINS ALONO SAID EAST LIl 5 !4A•, WEST, L71.01 FEET TO"A H i'BOUNDARY OF SAID CORl. V me. SAID BOUNDARY THE FOI: 1 F (2)COURSES: 3 N2qj••WG6T.1438.75• FEET. Tl p • 1 0N®P"iN~ET,)q'Sp9FFTcETTQR49E RINNIIND;u,, ~TRR(l~4tlJNO'AApfi4!'OHG.BOUN0., t 7r'0015RECTION')DEEC.THE,'F01G 'epeouRSEE; I °49'6B.'@'EST,'-310:'1H PE@T:'T~'Yl,'~ '3a'l8Y WEST, 120.11 PSBr TO A 1149153". WEGN 613.10 FEETTO'A Woor.Ral VERY TO A. AS .DESCRIBED M9,' Gunvsl 1 ALON0. SAID pOUNPRRVRIE PPG 4,PSt~<a);collAergt '1•:w: jy,;E6•d0'Ap'`,EASTraE1t10-FEET TC•A.. ill7,'O7°,'6ApT,'p3N,;reeT.'[N?rP TN'7d'45r03;eA9'h 32;:15 PLr,CT'EG1'!(. DIN Trmlg ANGOOTM,LN' 01"AINAJ'{.RFEEl. 12941, CRI ED PGCNVEYED 401NAT PCR., Betal SOOK'2227nT4AGHS•az/3311 BAL,ONO,EAID R,;h':I~B',~!E.FDG•, P'TOaIVJP'(;)DOVE .•1r. iTH•81=19'51. ~'EA 189'LT:PO~~,Z9 /1 ' Wf58T,' 5783 POET TO A VE TO TIRE FRONT ,CON• ERLY;J''' LY ALONG, SAID .CURVE, f 9 OF 400.00. FEET,. AND NOTICE OF PUBLIC HEARING On September 22, 2008, the Wheat Ridge City Council adopted Resolution No. 50, 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 14EREBY 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 #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 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; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81°12'11" WEST, 438.70 FEET TO A POINT; 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 06°31'53", 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 SAID 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 63026'29" 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 56°53'21" 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. Given and posted this I day of October, 2008. QL "W 'V 2I Michael Snow, City rk Published in the Wheat Ridge Transcript once per week for four (4) consecutive weeks beginning October 9, 2008. " r City of ~Wheatlidge ITEM NO: I O. REQUEST FOR CITY COUNCIL ACTION LIB ► ~ COUNCIL MEETING DATE: September 22, 2008 TITLE: RESOLUTION NO. 50-2008 - 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 -08-02) ❑ PUBLIC HEARING ❑ BIDS/MOTIONS M RESOLUTIONS ❑ ORDINANCES FOR 1sT READING ❑ ORDINANCES FOR 2ND READING Quasi-judicial: ❑ YES ommunity Devel meat Director EXECUTIVE SUMMARY: ® NO City Ma* 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 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 east in order to meet the contiguity requirement. The proposed piece has no direct contiguity with the existing city limit line; therefore, resolution number 49 which is for the eastern piece must be annexed first. Once the eastern piece is annexed, the 1/6 contiguity requirement will be met for the western parcel. 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. 50-2008 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. 50-2008 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. 50-2008 CITY OF WHEAT RIDGE, COLORADO Resolution No. 50-2008 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 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 a21)0day of SQptern W 2008. 11)4& -41) 0) Je ullio, Mayor ATTEST: Michael Snow, City Clerk 2 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 Pefition: Interchange Properly 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 LANDO ERS: By: ~-t STATE OF COLORADO COUNTY OF J ~e rso-rN Mailing Address: S.S. 1 Subscribed and sworn to before me this day of ` ll"L 2008, by ~nn~ual t~~i rand Witness my hand and official seal. My c es: I f - IL - I I off: • ' •.'L ~ Awt vu~ C;~T AriA ® Nota u c Annexation Petition: Interchange Property 3 AFFIDAVIT OF CIRCULAR IN SUPPORT OF PETITION STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) aroil d U ar 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 20_ day of 2008, by ~@m t .Ir y.Ir o l~.kl~'. Witness my hand and official seal. My cqr@8ft1atV ' es: ® No ry blic PUSLtC 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 TUE 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 81012'11 " WEST, 438.70 FEET TO A POINT; 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 85°49'53" 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 SAID 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 74°45'04" EAST, 322.38 FEET TO A POINT; 4. NORTH 63026'29" 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 46038'42" 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 33006'39" WEST, 57.33 FEET TO A POINT; 3. NORTH 56°53'21" WEST, 10.00 FEET TO A POINT; 4. SOUTH 33006'39" 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 -Coon PropertylSurvey\_Legals\AMVEX #2-revised 09-11-08.doc City of ~WheatRdge ITEM NO: 2 ~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: October 27, 2008 TITLE: RESOLUTION NO. 56-2008 AND COUNCIL BILL NO. 19-2008: A RESOLUTION MAKING FINDINGS OF FACT REGARDING 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 AND AN ORDINANCE APPROVING THE ANNEXATION (CASE NO. ANX-08-02) ❑ PUBLIC HEARING ® ORDINANCES FOR 1sT READING (10/27/08) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (11/10/08) ® RESOLUTIONS Quasi-judicial: YES ❑ NO Community )06Develo n irec o UQ~&)/City Manager EXECUTIVE SUMMARY: 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 emergency ordinance: 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. 56-2008, finding the proposed annexation to be in substantial compliance with CRS 31-12-107(1) to be considered at a public hearing on November 10, 2008." COUNCIL BILL "I move to approve Council Bill No. 19-2008, 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 City Council Chambers, and that it take effect immediately upon adoption." Or RESOLUTION "I move to table indefinitely Resolution No. 56-2008, 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. 19-2008, an ordinance approving an annexation to the City of Wheat Ridge for the following reason(s): Report prepared by: Meredith Reckert, Senior Planner Report verified by: Ken Johnstone, Director, Community Development ATTACHMENTS: 1. Resolution No. 56-2008 2. Council Bill No. 19-2008 CITY OF WHEAT RIDGE, COLORADO Resolution No. 56-2008 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-08-02/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 1 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 [S E A L] Exhibit A LEGAL DESCRIPTION of ANNEXATION OF 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 14ALF (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; 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 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 06°31'53", 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 SAID 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 63026'29" 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 81002'51" 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 56°53'21" 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 31038'15" EAST, 196.39 FEET TO THE POINT OF BEGINNING. CONTAINING 548,634 SQUARE FEET OR 12.595 ACRES OF LAND, MORE OR LESS. CITY OF WHEAT RIDGE, COLORADO Council Bill 19-2008 TITLE: AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF WHEAT RIDGE, COLORADO (CASE NO. ANX-08-02/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 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); ATTACHMENT 2 THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°22'44" 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 81012'11" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85000'54" 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 CONCAVESOUTHERLY; 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 SAID 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 63026'29" 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 81002'51" 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 RADHIS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS SOUTH 46038'42" WEST 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 OF TANGENCY; 2. SOUTH 33006'39" WEST, 57.33 FEET TO A POINT; 3. NORTH 56053'21" WEST, 10.00 FEET TO A POINT; 4. SOUTH 33006'39" 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 53013'37" 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. 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: br!~ v City of Wheat1dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 291n Ave. October 20, 2008 Jefferson County Board of County Commissioners c/o Marge McDonald 100 Jefferson Parkway Golden, CO 80419 7008 015p 0003 4502 7712 Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 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. N LS M Postage Ln S Certified Fee C3 Lr) rl Total Postage & Fees 0 Sent TO ~7 R-`" co ale '._2r$OrtC OCcY:._...!akStLX~' 'ft'' A!k M $iieet, AOt-ffd..... ~ City, 8fdte. LP+4..........._ /~✓0 J6 ~-65CVJ M - C Vosene C3 (Endorsement Requi etl) Here M Restricted Delivery Fee (Endorsement Required) p ww w.ci.wb eatri dge. 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; 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 a) -1) and 11) above is presented in graphic form as on 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/Cabelo'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 District12480 W. 26`h Ave. I Denver, CO 80211 2) Prospect Recreation and Park District/ 4198 Xenon St. / Wheat Ridge, CO 80033 3) West Metro Fire Protection District1445 S. Allison/ Lakewood, CO 80226 4) Fairmont Fire Protection District14755 Isobel /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-1 / 1829 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. ,061' City of Wheatljdge 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 October 16, 2008 RE: Coors at Clear Creek Annexation to the City of Wheat Ridge (Annexation #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 (Case No. ANX-08-02) 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 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., #15613 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 Strcut Golden, CO 80401 1. 1. C Stauffer, 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. 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 or 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 uninterrupted and con- tinuously during a period of at least $2 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 pan 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 Slates 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 cdi- 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 of the regular and emir: issues of the Golden Transcript a legally qualified paper for that purpose, once each week on the same day of each week, for _4_ succcessive weeks, by g insertions, and that the first publication thereof was in the October 9_=, and that the last publica- tion was in the October 30.$9.49, Subscribed and sworn to before me this day of October X,= By: STATE of CO1.OIlAD 55 Coanq of rea'aagq wib" my hand and official Peal Z4 NMY MR* i `NAREII ANNE MOLINE amAm rueuc ~TAt'{ er oowluoo w a.aiwt isi« im i ion' NOTICE OF PUBLIC NsARINO t ,n September 22. Beds. the Whom Ridge CRY I . C nuncll adopted Resolution No. 50, series 2008. e 1 a Pedroh (Of Bnn9xan" of a For- l findin l 1. SOUTH' 66.90'48' EAST 261.10 FRET TO A I g en dt wa0 Al of land lopAled In geode, 10. Township B South ddlan POINT OUTH 74'N'37" EAST, 238,61 FEET TO A : , Lange 69 Weal of IMe Bi%Ih.Pnnalp9l MB to be M sue I f Colorado St t 2, S POINT: TO A ' , a e o ;Aunty of Jefromon, formal acmpnansa whh Seaton 31.12.loi 1 . I B, NOM. 74'46'00" EA67, desoff, PBST 4crado Revised Slatulas and Bening a hewing Imo Ip consider .the empmt(on, A Dopy of 4207 I' POINT, - 457.67 FEET TO A 4,'NORTH 0886'29- EAST' BQJJTH 090WEAn to attached harem Be ab 1. B 4 heads 0TICE 16 HEREEY OMEN At e-public d THAT CER• CONVEYEOJN A6 E6CRBEO AN D IN NOON 2]27 AT PAGES 5 ge, 1, of the it City Ri Of Wheat telote the tan THIN GEE HE For.. 110700 ALONG Bell) SOUTH LINK THE 01 imo di I tlo. 1o 11 deArmin wrmine It He propc-ref 0ed ann9Ye Sections 91.12-104 And, 91.12-105, ' 7X LOWING TWO•(2) CGJ,PSE6: - Joker? FEET TO A 2461• EP5T ° lo 'A.N., pr such pall lhareol se may be regWreo , 0 1. NORTH 01 4abllah.olligN1I1y under the who, of r Ne 91, Angola I A2, part ee amended, known as the Munltipel i NC lRD7 BrN'69° EAST, •24980 FEET TO A OF THAT CERTAIN OUNDARY He Of Annmxall0n ACI Of 1086, and the ConadlutlAn tl A - , POINT ON THE B HT•OP•WAY AS 0ESCRIBEO' AND CON' 4 I saw of Colorado. Adlela 11. 9 On 30, as will lake place on Nevembar 10, ri R)O VSVED IN THAT CERTAIN SPECIAL WARRANTY 2; ng ed. The nea g000 at 7100 o•m. or as soon Be pomNle Hereafter o I DEED ON ME AT RECEPNON No, 200 OF SA OF SAID ALONG THE 001 t el we oily Council Chembew et 71100 Wan t WING (5) THENCE b) FIVE F-WAY THE FOLLOIND AVPnue. Wheel'Ridge, Colonic o. Any person may RIGHT-O appear at safe nearing and proeent evltlenee on I any molter IF be delermined by the Clty CouneIII 1 COUR6FS1 I 1. SOUTHW86TERLY ALONG A NON-TANGENT EFT CONCAVE SOUTHEAST- The property Proposed toy Annaxaten le more pen I CURVE TO INS L HAVING A RADIUS OF 500.00 FEET. AND ' ERLY llcdlaaly tl0ecrlbetl ms Follows! LEGAL DESCRIPTION of ANNENATION WNOB . B6'®AND HABHA CHORDRLENGTH 0 2730 ?0 I y ANNFJL P2 7 OUCH A CENTRAL ANGLE Of BEING •A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORPSCRON DEED ON FILE AT RECEPTION No. 2000044230 IN THE OFFICE OF THE CLERK ANO RECORDER OF THE COUNTY OF JEFFER- SON. STATE OF COLORADO, TOGETHER WITH', A PORTION OF THATOERTAIN PEAL.IAnOPERTY ; AS DESCRIBED AND CQNVEYED TO CITY OF ! WHEAT RIDGE AT RECEPTION No, 2007136092 ALL LYING WITHIN THE SOUTH HALF in ONE. HALE OF SECTION 19, TOWNSHIP 8 SOUTH. Portion 09 WEST OF THE sIXT14 PRiNOMAL'I MEAgOAN,,C UN7Y'CP J3FFE e N STATE OF COLORADO, MORE PARTICULARLY DESCRIBED, AS FOLLOWS: COMMSNOING AT THE SOUTHEABT,+CORNER OF THE SOUTHWEST QUARTER (SW'ONS. QUARTER) OF SAID SECTION le. FROM WI{EN00 THE NORTH6ABT CORNER OF SAID Al"TERF SOL SEARS NNOR, OOA°a I" WEST A OilTANCE 2392.03 'or T. WITH ALL BEAR;NOS HEREIN RELATED THERETO; THENCE ALONG THE EAST. LINE OF SAID SOUTHWEST OUARTEA.(BW ONE-QUARTER), NORTH 00°22'94°' W EST, 1321.03 FEET TO THB RnUTHEAST CORNER OF THE'NORTHEA6T FEET THR27204'06", FOR AN ARC LENGTH OF 270.73 FEET TO A POINT OP TANOENCYI 2 SOUTH WAUS139" WEST. 67.33 PEST TO 'A POINT. 3. NORTH WEST 11i FEET TO A 69^63.21" POINT; 4. SOUTH 33000'39" WEST. ST,33 FEET TO A 1Aemexlr CURVE TO THE RIGHT CON. HAS BOUTh rKrNC6 LEAVING RAID BOUNDARY, a1•39116' EAST 108.38 FEET TO THE POIN T OF BEGINNING, CONAININO 545,034 SOIYAME PEST OR 12,596 ACRBE OF LAND"NOflE OR of OnObel, 2008. Ol. end PAd.0 Ihla day Me A' 1 Snow, Chyr Clem ...g.lit lotl Ilcuye(4 Oan bOUIIVe wntisio. beglmling October 9, 2000, A THENCE CONTINWNOALANG BAll P" Wllm •i NORTH 00.22,54• WEST, h71.01 FEET TO A A~q;OP SAID COi II POINT ON THE BOUND RON DEED; THENCE ALONG SAID BOUNDARY THE VOL. "I.OWINO TWO (2) COWR8B81. SOUTH 01-72'11' WEST,', RP gadf T-6 A POINT, . ',V + 2. SOUTH BE-GOI541 WVM;OLD,11'4'09ITT0 THE THENCE CONTINUIMIJ IOND; KW1dmD0UN4 LOWING AFY DP SAIDIX. (a) CC RRECTIbN b68D`•Y,fiE'F04 1- SOUTH 80°4B'SB" WEST, 314.78 FSEY -ro A POINT, ,SVUTN 1111TV23" WEST, 126.11 POET TO A POINT, a, SOUTH 66.48'63" WEST 273.10 FEET TO A l POINT L NORTH 90°16'94° WEST, 397.05 FEET TO A TANGENT CURVE TO THE LEFT-CONCAVE 000THaMLM " S. WESTERLY ALONG SAID' CURVE, HAVING A RADIUS OF 1223.70 FEET,`ANIJ WHOSE LONG CHORD BBARB 80UT1116.2B'30e• WEST AND F)AS A CHORD LENGTH OF 780.32 FEET, THROUGH A CENTRAL ANGLE OF 06131'03°, FOR AN ARC LENGTH OF 150,00 FEET TO A .POINT OF NON.TANGENC'n 3. NORTH 00%1'46" WEST, 375.33 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PARCEL AS DESCRIBED AND CONVEYED AT RECEPTION No. 2D050110B7i THENCE ALONG SAID BOWNDARY TND li LOWNO FOUR (4) COURSES: BEO STATUTES AND BETTING A "Auumm. 70130N61DER TN6 ANNE%,51;007 REA8 O a wdHen poHdon fA, B0Mxel10 teal of al Whom Rltlpa, Colors, Af a eadeln pa the City CIBM and relented by nbn to e4 deaenbAd in easion. E%OHIt A wee Okd ma rnry 011: and =,acA6. nureusnl to DRS. Gordon 31.12.10.7, been of ephlollln;NlDl4lgy dnder,lhe 1,111111,01 132; Pen 1, es.emanded,,(aMNn 4, Annil ldn Adl• of 1865{ •and• g14 4 the. SM, ,ol' Gotorpdie, A16e4.411; amended, aPPSa7aL eAldTeednp AY. Son may vldenm upon any =900 to eA'4111OP qty Ccunell. nb raeouAen ahalf be a6ealiva+Mne- ldopit AND' PASSED 'M1e 221d. day 0.1 0081^.. - . Meyot CRlRTION ANNpeATION LANDS IN OF 1, EAST ,T• CORNER OF •TML- Nunrnw^a, '4. (NE ONE-ObAF ERI:.OF 'SAID' IHE ST OUART6R (SW, ONE•DUAITTEPCA 7NTIryOINS'ALONO SAIb ME LINEi ' 11- l°22'n4'. WEST l71 61 FEET TG''A HT TNE'0QUNA9, Of 5,510 CORRECT Yn r; ^LONG. SAID BOUNDARY THE F{ L Fl NOp)COURSER: • • 89 01.12^1{'.W68T.•d3B•70• FEET 70>A pg ^OIM:OEeR01NNftAo C. •',•Sr hy4. 14•:, AIENCE'. COFR~iCNCORINeO'•A}p~1Q!` SND .BOUNL>•, NaY?OF. SA1b:' ECTIONOEJEW:rHE T`3 AWING;BIX(6h000R11Ee; " t• I:,SOUTH':69•:a0~6e"'1PEST:910:MH PBET:TO;A,' POINTi L• 80UTN'9B•PS0r WEST 17111.11 Pont 10.A POINT 2.900TH 9649108^. NJEST 2fwo vEETIVA PORGI. 9B7.OS,PEE2 TO A. 4, NORTH ee-15!8a1,YJE6T, . TANGENT CURVE' 'J.G•THe'LEFT•CAROAvG 90UTHBRL W CY. l3 SA gCURVA NAV NOA G 850075 11109RIX•YLt'ON, OF .180976PPE AND'WHpp~~E ONO. CHORD IBEARS•6OUTN••61T'2e90'"'tNYiT•itND THRoli Cyk Cir LBNGTA-bE;0:112::T16E4 FOR AN AFI C"Ollif OF 150-' '0OF 06°81'6, A OR AN ARC bENGYN OF 100.90 PEST 3"O POINT OP NON-TANGPli 1. - ....--1 ivv_ ~x 2,F'FET. TO A IONIC SAID BmUNPART'7NIS POG 101,,{4)'C11WRB~Si •I•:..•^,:. IS•48:46'',EgbTr•~BP.TO-FEET TO''A'.. r4'0T97°,•8,591.` R~97a1, PF,®T ,TCi'A ra+4d'041, aA91182R.Be P107' j'111•N 83°26'20; •EASTI`467.167•eEET.TOM THE CITY COUNCIL OF THE CRY OF WI1- RIDGE, COLORADO, AS FOLLOWS: S11AE0D1. The wAden Petltlon for anpexawn Bob* sla^Nelly oomplle. with C.R.S. Seatle" 31.12 lo7pY B02G$° A publlt heating on maid oad0on ehe0 b0. conddbled of II pm all Ne 10tH day of November, 2008 e[ tlld'Chy of Wn08rRId8e Munldpid Building which IF located a1 7500 W, 20Ih Aliens. Wnael Fingo, Colcrotlo, 50023, to dnarmino II the pro. CQd04 and x3ll 10.105 =Wiles pr Men pN Itiv eal i 95 may 1, NOF F01NT) tq IP 1UTH• 381011111 69.33 PERT SO A THE RIGHT,CON NO. SAID CURVE 00.00. FEET, ANT NOTICE OF PUBLIC HEARING On September 22, 2008, the Wheat Ridge City Council adopted Resolution No. 50, 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 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 11, 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 #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 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; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81°12'11" WEST, 438.70 FEET TO A POINT; 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 06°31'53", 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 SAID 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 63026'29" 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 81002'51" 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 56°53'21" 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 Given and posted this day of October, 2008. QL ' JVl 4- Michael % I Snow, CPublished in the Wheat Ridge Transcript once per week for four (4) consecutive weeks beginning October 9, 2008. City of ~jWheatR:idge ITEM NO: /u1 REQUEST FOR CITY COUNCIL ACTION III II COUNCIL MEETING DATE: September 22, 2008 TITLE: RESOLUTION NO. 50-2008 - 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 -08-02) ❑ PUBLIC HEARING ❑ ORDINANCES FOR 1sT READING ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ® RESOLUTIONS ❑ YES Quasi-judicial: ommunity Deve] went Dmreetor ® NO City Man r 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 firture, 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 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 east in order to meet the contiguity requirement. The proposed piece has no direct contiguity with the existing city limit line; therefore, resolution number 49 which is for the eastern piece must be annexed first. Once the eastern piece is annexed, the 116 contiguity requirement will be met for the western parcel. 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. 50-2008 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. 50-2008 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. 50-2008 CITY OF WHEAT RIDGE, COLORADO Resolution No. 50-2008 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 landas 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 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 aano day of SeptemW '2008. A Je D ullio, Mayor ATTEST: Michael Snow, City Clerk 2 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 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; 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 LANDO ERS: By. Mailing Address: STATE OF COLORADO ) ((~~rr~~ ) S.S. COUNTYOl`Jelters0-1-, ) Subscribed and sworn to before me this day of AuaT 2008, by 1 )}ter and Witness my hand and official seal. My c es: 1 I- I - t 1 Nota u c Annexation Petition: Interchange Property AFFIDAVIT OF CIRCULAR IN SUPPORT OF PETITION STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) alyil rI a) ILe Y' , 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 day of 2008, by ~(kfYlit vl 1711Car. a Witness my hand and official seal. My c lath es: 1(- !a - ® No ry blic g'V IC r 0® 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 ADISTANCE 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 U4) 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; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81°12'11" WEST, 438.70 FEET TO A POINT; 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 85°49'53" 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 SAID 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 81002'51" 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 46038'42" 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 33006'39" WEST, 57.33 FEET TO A POINT; 3. NORTH 56°53'21" WEST, 10.00 FEET TO A POINT; 4. SOUTH 33006'39" 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 39035'49", 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 Property\Survey\_Lega1MNNEX #2-revised 09-11-08.doc s~4A City of Wheat~idge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 October 16, 2008 RE: Coors at Clear Creek Annexation to the City of Wheat Ridge (Annexation #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 (Case No. ANX-08-02) 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 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, !r 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., #1561 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. 50, 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 #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 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; 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 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 SAID 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 63026'29" 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 81002'51" 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 56°53'21" 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. Given and posted this 1 day of October, 2008. Michael Snow, City rk Published in the Wheat Ridge Transcript once per week for four (4) consecutive weeks beginning October 9, 2008. Exhibit 1 Resolution No. 50 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'' day of November, 2008 at the City of Wheat Ridge Municipal Building which is located at 7500 W. 29 b 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 12008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk 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 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; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81°12'11" WEST, 438.70 FEET TO A POINT; 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 06°31'53", 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 SAID 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 63026'29" 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 81002'51" 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 56°53'21" 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. :,fm..~~ :ATION MAP ~#2 - +OA1~S rs e o r~ o r ~ r~ w ~ r~ r -Y- u r ~ ~ f ~ ~ I ~ ~ a ~ ~ 4 F ` ~ i ~ ~ , T~ [vim wrr~ ~ ( 4~ ~ ~ ~ ~ _ o _ S`~ ~ `'fir ~ ,tfu'~ ~,,,,i,: ~rr.~ Y. a j ~ ~ ))r § > C Y D A a u ms 1 , Y~' 111 ~~~~#1~' ~ € I ~ I ~ f, i ~ r~l' ~ t ~ I ~ ~ ~ ~ ~ . ~ ~ ~ . I ~~ar. d. ~ ~ s x . „ E ~ - ~ ~ ~ >r ~ n r~ ~ ~ ~ I _ _ e ..,~,a - , , c~ 4'1 ~ , ~ ~ C y e N ~ ~.I i vo."'O r..~ fd° l i w..__-.__._ ~ • ~ `~~L.~ i 4/ ~~r ae m r rte' _ o ~ . i. t ~ ~ ~ , y { ~s I - , ~ _ ~ ° , , ~ ~ ~ ~ .~1 I a 1 . r ~ k~ ~a ~ ~ ~ tl 3 vP Y n` i. .:.~i 0 E@ f t ! ~ a\ waw. m ~ t 1.. a f ~ ~ _ ~ '''s m. ~ .ai` i ~...___r ,fin .____~___m__..____~__~__~~_ ~~Z V~✓ ~ 11 s . _ a err -y p . , W ~ r. , . ~ p,~ tY ~ t 1 a E art fa. ,:a~ ~ tz; r~ L y~ n ~z 3 k ~ - _ ~Fdl l11MWW. ur CC„nue 1 ~~a• ~.~~..r a tJ~ Q r p ~ i 174M~ ~ if 14.E r,~ d 6 o~ 0 a S i U T i-~i , F~ A N Ca ~ 6'g Vad ~ ~ °T' C~ F' T` H IE. Si I :~CT° ~ ~ F~ ~ I t~l C 1 PA L j ~ ~n~=~+yi.aE ~ - o O ~ ~ ob~ c~ t n 0=6i'i5 06 j~ ~ l ) A PUBLIC RIGHT-OF-WAY IN FAVOR OF CITY OF - WHEAT RIDGE PER REC. #2007136692 \ I.D.- L Plf1 /lf\' e~ Total Area to be.~.n~~~~l: 0~~~~a 0~ ~G~I~G^Q~i G°3~DC~1~ ~ , cr~'~- 548634 S.F (YZ.595 acres) LEGAL DESCRIPTION r~ Grid N:1706541.670 Grid E: 3094321.159 Lat:39'46'22. S85'38'44"E Lon -10 ' 52.0021" 66.58' 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 D=6~31'S3~~ a PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF R=1323.78 f WHEAT RIDGE AT RECEPT10N 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, L= DSO. gO~ COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: CI1B=S88~2S~OZ~~W COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID ChL=150.82 L SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW . 1 /4) BEARS NORTH 00'23'12" 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 00'23'12" - ~ WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF _t SAID SOUTHWEST QUARTER (SW 1/4); THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00'23'12" WEST, 171.61 FEET TO A ~t~. POINT ON THE BOUNDARY OF SAID CORRECTION DEED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: _ 1. SOUTH 81'11'43" WEST, 438.70 FEET TO A POINT; I 2. SOUTH 85'00'26" WEST, 480.94 FEET TO THE POINT OF BEGINNING; MAP LEGEND ate' THENCE CONTINUING ALONG SAID BOUNDARY OF SAID CORREC110N DEED THE FOLLOWING SIX Q MONUMENT (6) COURSES: (C) CALCULATE 1. SOUTH 89'49'31" WEST, 310.18 FEET TO A POINT; r 2. SOUTH 88'36'00" WEST, 125.11 FEET TO A POINT; ~M~ MEASURED 3. SOUTH 85'49'25" WEST, 273.10 FEET TO A POINT; (R~ RECORD c 4. NORTH 88'16'02" WEST, 397.05 FEET TO A TANGENT CURVE TO THE LEFT CONCAVE c, SOUTHERLY; ~ - EXISTING Ci 5. WESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 1323.78 FEET, THROUGH A CENTRAL ANGLE OF 06'31'53", FOR AN ARC LENGTH OF 150.90 FEET TO A POINT OF NON-TANGENCY; ' EXISTING CI ~ - CONTIGUOU 6. NORTH 00'12'13" WEST, 378.33 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PARCEL AS DESCRIBED AND CONVEYED AT RECEPTION No. 2008011087; EXISTING P THENCE ALONG SAID BOUNDARY THE FOLLOWING FOUR (4) COURSES: A - - PUBLIC LAN 1. SOUTH 85'49'17" EAST, 261.10 FEET TO A POINT; NEW CITY 0 2. SOUTH 74'0805" EAST, 239.61 FEET TO A POINT; ~ ~ ~ ~ ~ pER THIS A 3. NORTH 74'44'36" EAST, 322.38 FEET TO A POINT; r' 4. NORTH 63'2601° 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: l ~t 1. NORTH 81'02'23" EAST, 189.87 FEET TO A POINT; a i+t 2. NORTH 87'01'30" 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: ~WNERSHIP LISTIN 1. SOUTHWESTERLY ALONG ANON-TANGENT CURVE TO THE LEFT CONCAVE SOUTHEASTERLY, CONTIGUITY TABUL HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS SOUTH 46'38'14" YI~ST AND NAS A CHORD LENGTH OF 276.15 FEET, THROUGH A CENTRAL ANGLE OF 27°04'05", CURRENT OWNER(S) OF PROPOSED FOR AN ARC LENGTH OF 278.73 FEET TO A POINT OF TANGENCY; ANNEXATION LANDS: 2. SOUTH 33°0611 " WEST, 57.33 FEET TO A POINT; 3. NORTH 56'S3'4s" uuEST, 10.00 FEET TO A POINT; LENGTH OF EXISTING WHEAT RIDGE BOU 4. SOUTH 33'06'11 " WEST, 57.33 FEET TO ANON-TANGENT CURVE TO THE RIGHT CONCAVE COINCIDENT WIfH ninoruwrcrro~ v. 1\VI\ 11 ITT LV ILI\L 1 I 5. SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 400.00 FEET, AND WHOSE PROPOSED ANNEXATION LANDS: VII I VLILI%F\ CITY OF WNFAT RIF)CF PROJECT 08.0 074 LONG CHORD BEARS SOUTH 53°13'09" WEST AND HAS A CHORD LENGTH OF 270.97 FEET, 3. GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM BASE POINT PHAC 1 COORDINATE VALUES: jAv, DRAWN Y: F THROUGH A CENTRAL ANGLE OF 39°3549 FOR AN ARC LENGTH OF 276,44 FEET TO A LENGTH OF TOTAL BOUNDARY OF PROPC DESIGNED BY, FMZ CHECKED Yo FMZ POINT OF NON-TANGENCY; ANNEXATION LANDS: THENCE LEAVING SAID BOUNDARY, SOUTH 31'38'43° EAST, 196.39 FEET TO THE POINT OF LENGTH RATIO OF PROPOSED ANNEXATIi BEGINNING. e TO EXISTING CONTIGUOUS WHEAT RIDGE RDER ON THE DAY OF CONTAINING 548,634 SQUARE FEET OR 12.595 ACRES OF LAND, MORE OR LESS. End of Legal Description TOTAL AREA OF PROPOSED ANNEXATIO . .u SHEET 1/1 i t r CITY OF WHEAT RIDGE, COLORADO Resolution No. 50-2008 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. 29a` 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 ~anP day of 5cpfcmhe,( 12008. 161,14 Je fullio, Mayor ATTEST: Michael Snow, City Clerk 2 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; 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 LANDO lERS: By: Mailing Address: STATE OF COLORADO ) fs f~ ) S.S. COUNTY OF ` e ters0r ) Subscribed and sworn to before me this day of , 2008, by 3ULUAIl~aluet and Witness my hand and official seal. Myc ;otBq 'es: 1l-I -tf ~0 ® Nota u 6c 1 .,PIJBL&C Annexation Petition: Interchange Property AFFIDAVIT OF CIRCULAR IN SUPPORT OF PETITION STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) -l Nii iI [I IaY' 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 Q24- day of g/A5f . 2008, by ~Q~mu o.! [a ~tul'. a Witness my hand and official seal. sN$8!Ie~ Aie rw JBLIr My r0API I4a 4(A-- No of ry Public 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 TIIE 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 85000'54" 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 SAID BOUNDARY THE FOLLOWING FOUR (4) COURSES: L 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-WAX 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 33006'39" WEST, 57.33 FEET TO A POINT; 3. NORTH 56°53'21" WEST, 10.00 FEET TO A POINT; 4. SOUTH 33006'39" 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 53013'37" WEST 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; 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 F:\2008\08-0074 - Coors Property\Survey\_LegaIMNNEX #2-revised 09-11-08.doe 2 City of S p-j ~`7~Iheat~dge ITEM NO: REQUEST FOR CITY COUNCIL ACTION !$5 III! +~II ~ ~~t~ COUNCIL MEETING DATE: September 22, 2008 TITLE: RESOLUTION NO. 50-2008 - 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 -08-02) ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ® RESOLUTIONS Quasi-judicial: YES ❑ ORDINANCES FOR 1sT READING ❑ ORDINANCES FOR 2ND READING M NO City Mana r 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 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 east in order to meet the contiguity requirement. The proposed piece has no direct contiguity with the existing city limit line; therefore, resolution number 49 which is for the eastern piece must be annexed first. Once the eastern piece is annexed, the 1/6 contiguity requirement will be met for the western parcel. 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. 50-2008, 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. 50-2008 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. 50-2008 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 1 e-r-rer_wnn~~u-r ~ 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 IERS: By: Z<Sk-x- Mailing Address: STATE OF COLORADO ) ff~ ff~~ ) S.S. COUNTY OF.~d em0y) ) Subscribed and sworn to before me this ,113 day of, 2008, by uv1 IiJ~Ilcnrand Witness my hand and official seal. Myc tg0mAtty'.O Notary u c J;A PUBLIC 3 Annexation Petition: Interchange Property AFFIDAVIT OF CIRCULAR IN SUPPORT OF PETITION STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) S ml I a.~ ~K),app ar , 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. R 7t STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) Subscribed and sworn to before me this 2-q- day of , 2008, by ~Q~rnu vl IAJn1I!e~'. Witness my hand and official seal. My cgo&& ,es: I I - I TAOaARr i0 I li1~t y1D No ary blic PUBLIC ®F 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°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°2244" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 114) 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; 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 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 SAID 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 63026'29" 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 81002'51" 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 33006'39" 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 F:\2008\08-0074 - Coors Property\Survey\_Legals\ANNEX #2-revised 09-11-08.doe 2 CITY OF WHEAT RIDGE, COLORADO Resolution No. 50-2008 TITLE: 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 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 l Os' 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 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 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(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 LANDO IERS: By: Mailing Address: STATE OF COLORADO ) ) S.S. COUNTY OF `2e e rsor ) Subscribed and sworn to before me this day off, 2008, by o~ 1_)nl nrand Witness my hand and official seal. My c ;o0 ' es: wr r";oR Nota u c i e Annexation Petition: Interohange Property AFFIDAVIT OF CIRCULAR IN SUPPORT OF PETITION STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) X11 u' d rOker 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_ day of, 2008, by rnu III )n r Witness my hand and official seal. My commissi ~kc' eAI{y PUBLI Q®, r ~L11 jy" Notary Public 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°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°2244" 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; 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 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 06°31'53", 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 SAID 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 63026'29" 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 81002'51" 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 33006'39" 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 F:\2008\08-0074 - Coors Property\Survey\_Legals\ANNEX #2-revised 09-11-08.doc City of Wheat~dge PUBLIC WORKS Memorandum TO: Meredith Reckert, Senior Planner FROM: Dave Brossman, Development Review Engineer ~r DATE: September 9, 2008 SUBJECT: Coors Annexation #1 and Annexation #2 Applications I have completed the first review of the Annexation Maps received on September 2, 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 91 and #2: 1. Annexation Maps have the same technical land surveying requirements as Plats. Therefore, per Section 26-412 of the Municipal Code of Laws the Legal Description shall include a metes and bounds description with section tie(s) on the current City Datum. The metes and bounds description provided uses a Basis of Bearing of S00°23' 12"E for the East line of the Southwest 1/4, Section 19; the Current City Datum-based bearing for this line is S 00022144" E. Please rotate all bearings as appropriate to meet this requirement in the Basis of Bearing statement, on the graphical portion of the plat, and in the Legal Description. 2. No rotation takes place during the conversion from the ground-based Current City Datum to NAD83/92 State Plane grid coordinates; a combined scale factor is applied which will only affect the distances. This means the "Grid Basis of Bearings" as indicated under the Coordinate System Information must be the same as the ground-based bearing. Along those same lines, if the inverse is calculated from the City-based Grid coordinates that they provide on both Maps for the Basis of Bearing monuments it also yields the correct result (S 00°22'44" E). 3. They need to provide the following margins for the sheet: a. 2" on the left (to allow for City hanging file tabs). b. 1" on the top (to provide the County with room for the recording information - they will reject the Map without it). c. '/2" for the remaining two sides. 4. The vicinity maps on both Maps will need to be modified to reflect the proposed area of annexation of each Map (rather than the combined area). 5. There appears to be a rotation issue with the previously dedicated ROW (to Wheat Ridge) found at Reception #2007136692. At the westerly boundary of the proposed area of annexation on Map #1 where it crosses the above-mentioned ROW dedication, there is about a 7' discrepancy in Public Works Engineering September 9, 2008 Page 2 the North-South direction, and as you proceed easterly along the ROW dedication boundary it appears to come back into alignment, which tends to indicate a possible rotation issue between the two areas. They may even consider using hard calls in the Legal Description such as "on and along the southerly Right-of-Way line of CO State Highway 58..." in addition to just using bearings & distances. This will ensure that the intent of the description is clear and unambiguous, especially if they're having trouble getting the bearings to match up. 6. Please show the entirety of the area (or at a minimum the northerly boundary) of the Colorado State Highway 58 Right-of-Way as described at Book 2236 Page 137. At some point this area will need to also be included in an annexation or it will cause future jurisdictional difficulties. 7. They need to provide the chord distance and bearing for all curves. Having this information allows for non-tangent curve solutions and will also eliminate the need for assumptions. 8. There appears to either be multiple errors in the Legal Description for the Colorado SH 58 ROW described at Book 2227 Pages 527-531, or the wrong deed for this portion of State Highway 58they may be referenced. The Legal for Book 2227 Pages 527-531 states that the ROW's lie within Range 70 West (instead of Range 69 West), which places the described areas further to the west. Mr. Zwolinski (surveyor) may want to double- check that the correct deed is being referenced, and if it is that the area of annexation will actually be described as intended, especially along the northerly side adjoining SH 58. 9. Please be advised there has recently been a new requirement defined in the Colorado Revised Statutes Sec. 38-51-106 (1) that must be placed on all plats concerning the linear measurement units used. The requirement may be fulfilled by identifying the units on the scale bar and by placing the following Note on the plat: "The linear units used on this plat are U.S. Survey Feet", or if international feet were used, "The linear units used on this plat are International Feet". Note that Jefferson County will reject any plats which do not contain a statement regarding the linear units used. 10. Please correct the typo in Note 42 (insuramce). 11. Proof of ownership needs to be provided for all parcels lying within the area of proposed annexation. Please include two signed and sealed hardcopies of the revised Annexation Maps #1 and 92 accompanied by a CD-ROM containing the two AutoCAD 2000-2007 Awg files for review and approval with the next submittal. CC: Steve Nguyen, Engineering Manager File Coors Annexation Maps 1 and 2 - reviewl.ltr.doc Page 1 of 1 Meredith Reckert From: Dave Brossman Sent: Tuesday, September 02, 2008 5:35 PM To: Steve Nguyen; Mark Westberg; Meredith Reckert Cc: Chuck Braden Subject: RE: Attached Image Follow Up Flag: Follow up Flag Status: Red All If Coors can give us an extra couple of days then I'll do the QA/QC as I normally do for all annexations. However if they must have comments back by the 8th that's fine. I'll just wait until the second submittal to comment. Please make them aware that the City Surveyor will need to review the submittal prior to City approval and that additional comments may be forthcoming. One major item they need to be aware of is the annexation map needs to conform to our current platting requirements, be on the Current City Datum, and include.a completed copy of the Geodetic Surveying Requirements checklist, etc. See you all in about a week. D From: Steve Nguyen Sent: Tue 9/2/2008 1:58 PM To: Mark Westberg; Dave Brossman Subject: FW: Attached Image Hi All, I will be working with Chuck on this. He indicated to me that he can work on this annexation once he provided the siren project exhibits to Wade and he is not working any other priority at this time. Let me know if Chuck is on any other high priority project at this time so that we work out the schedule. Also, let me know who else need to be involved in the review QA/QC. Thanks Steve ISguven,P.E. Engineering Manager Office Phone 303-235-2862 c tv of .w £51 3 4. ~rw C3 R i; w From: CIR5070Eng@ci.wheatridge.co.us [mailto:CIR5070Eng@ci.wheatridge.co.us] Sent: Tuesday, September 02, 2008 12:48 PM To: Steve Nguyen Subject: Attached Image 9/3/2008 a City of n. , Wheat~idge COMMUNITY 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. 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 iERS: By. Mailing Address: STATE OF COLORADO ) ) COUNTY OF JeKer50r S.S. ) Subscribed and sworn to before me this day of Nu, 2008, by m.jjel n. <.rand Witness my hand and official seal. My cg pNR! es: I I- I - l I L(t vu~ ~~xA9dB Notaryu c 'PUBLIC Q Annexation Petition: Interchange Property AFFIDAVIT OF CIRCULAR IN SUPPORT OF PETITION STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) Smite I R)ALLr. , 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 A day of ~U~IA , 2008, by Witness my hand and official seal. My cohS~IRC es: It - I a • ~~Y1~gn /L_ NLL~ No awry ublic 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°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; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81°12'11" WEST, 438.70 FEET TO A POINT; 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 06°31'53", 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 SAID 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 63026'29" 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 56°53'21" 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 F:\2008\08-0074 - Coors Property\Survey\ Legals\ANNEX #2-revised 09-11-08.doc ~ 3 s m ~ ~ ~ { s ~ ~ ~ E a f ~ ~ E P . , ~ ~ e' - ~ ~i ~ i ` s ~ ~ ~ ~ ~ 1 r ~p _ . , s ~ ~ . s _ vr._ ~ ~ ~ ~ I . F °o ~r ~ ~ _ t p u ~ r ,8^qqq, ~ ~ d"' ~ is i A a , ~ ~ ~ C to ~ ~ ~ ~ ~ _ I i1 1 1 0 ~ ~ S ~ ; ~ r. a s i i LJ - ~ , - a~ ~ 4~ L x $ ~ l ; w.~ F,. ~ S ~ ~ ~ LL_ ~ - ,I _ ~d ~ ~ ~ - ~ W.. i _ t ~ ~ r~ ~ ~ ~ ~ r ~ ~ e - . , ~ ~ e.. ~ .~I w m ~ 7 - _..:.I K ~~_...___.v,.. k ~ - a m - _w,_ ~x _ ~r R Ej ~ 1"~ v \ , 4 ! ~ , ~ I ~ ~ ► ~ n ~ ~ - ~5 1. _ _ . ~ ~1°. m A , X _ I E e , . ....__..,Y. T___. ~ ~ e~ ~ r ~ ~ _ ~ ~ ~M e ~ d: n ~ 2' ~ ~ ~ . y ~ . r., " . I - tia » { § 1111 gag y/ _ ~R 6 a ~ x-r~:X ~ Yom' {F_ ~ Y " ~ ~ ~o f .x32'& , E E T I F ~ a ~,x ~ti. qj 1.J ® ' i goo z w 14,00 r~ V j V ~+wy O ~ a C~ D 0 ~~n~ / ~ s ~ m 5''e_ PUBLIC RIGHT-OF-WAY IN FAVOR OF CITY OF - ,r ~.J l ) y°~~ w ob~ c~ WHEAT RIDGE PER REC. #2007136692 Total Area to be An~~~~ced: 0~~@Pe C~O~~( 0~ ~7~1C~Q5i' GiODC~G l ~ ~ Grid N: 1706541.670 `sue W° 548~~34 S.F. (yz•595 acres) - r J - V. Grid E: 3094321.159 w Lon.39'4~6:22.52.0021" S85'38'44"E - BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN 66.5~' CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSQN, STATE OF COLORADO, TOGETHER WITH A D=6'31'S3~~ POR110N 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 i/2) R=1323.~5~ OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, L=150.90 COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ChB=S88~ZS~OZ~W COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID ChL=150.SZ~ SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1 /4) BEARS NORTH 00'2312° 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 00'23`12" 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 00'2312" WEST, 171.61 FEET TO A fr POINT ON THE BOUNDARY OF SAID CORRECTION DEED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81'11'43" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85'00'26" WEST, 480.94 FEET TO THE POINT OF BEGINNING; MAp LEGEND THENCE CONTINUING ALONG SAID BOUNDARY OF SAID CORRECTION DEED THE FOLLOWING SIX O MONUMENT (6) COURSES: L, CALCULATE t. SOUTH 89'49'31" WEST, 310.18 FEET TO A POWT; (M~ MEASURED 2. SOUTH 88'36'00" WEST, 125.11 FEET TO A POINT; 3. SOUTH 85'49'25" WEST, 273.10 FEET TO A POINT; (R~ RECORD u v 4. NORTH 88'16'02" WEST, 397.05 FEET TO A TANGENT CURVE TO THE LEFT CONCAVE SOUTHERLY; ~~•-a ~ ~ EXISTING CI 5. WESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 1323.78 FEET, THROUGH A CENTRAL ANGLE OF 0631'53", FOR AN ARC LENGTH OF 150.90 FEET TO A POINT OF NON-TANGENCY; EXISTING CI 6. NORTH 00'12'13" WEST, 378.33 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN M ~ ~ ~ ~ CONTIGUOUS r L, G PARCEL AS DESCRIBED AND CONVEYED AT RECEPTION No. 2008011087; r THENCE ALONG SAID BOUNDARY THE FOLLOWING FOUR (4) COURSES: EXISTING PA 1. SOUTH 85'49'17" EAST, 261.10 FEET TO A POINT; - - PUBLIC LAN 2. SOUTH 74'08'05" EAST, 239.61 FEET TO A POINT; ~ ~ ~ ~ ~ NEW CITY O 3. NORTH 74'44'36" EAST, 322.38 FEET TO A POINT; PER THIS A 4. NORTH 63'26'01° EAST, 457.67 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102-H S' 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: 2 1. NORTH 81'02'23" EAST, 189.87 FEET TO A POINT; 2. NORTH 87'01'30" 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: OWNERSHIP LISTIN 1. SOUTHWESTERLY ALONG ANON-TANGENT CURVE TO THE LEFT CONCAVE SOUTHEASTERLY, C 0 N T 1 G U 1 TY TABU L HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS SOUTH 46'38'14" WEST 4 ~ . Ir ~ AND HAS A CHORD LENGTH OF 276.15 FEET, THROUGH A CENTRAL ANGLE OF 27'04'05 CURRENT OWNER(S) OF PROPOSED FOR AN ARC LENGTH OF 278.73 FEET TO A POINT OF TANGENCY; ANNEXATION LANDS: 2. SOUTH 33'06'11 " WEST, 57.33 FEET TO A POINT; i. 3. NORTH 56°53'4x" wEST, 10.00 FEET TO A POWT; LENGTH OF EXISTING WHEAT RIDGE BOU 4. SOUTH 33'06'11 " WEST, 57.33 FEET TO ANON-TANGENT CURVE TO THE RIGHT CONCAVE COINCIDENT WITH NORTHWESTERLY; ~i C(111TNWFCTFRIY einnir_ cein l~IIDVC uh~n~~n A f]A11111[~ nr •n...... ~.-,-r n~.~.......~.. ~vrI v .rniv Vv IN vL.y iil1 YIIYV M RFIVIVJ UI' '}UU.UU 1'ttI I ANU WhUSt rrcuru%%jtu AiVNtXAIIUN LANDS: LONG CHORD BEARS SOUTH 53°13'09" WEST AND HAS A CHORD LENGTH OF 270.97 FEET, ' 3. GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM BASE POINT PNAC 1 W COORDINATE VALUES: VI I 1 VILi\I\ THROUGH A CENTRAL ANGLE OF 39°3549 FOR AN ARC LENGTH OF 276.44 FEET TO A LENGTH OF TOTAL BOUNDARY OF PROPO POINT OF NON-TANGENCY; ANNEXATION LANDS: NAC 1 WHICH HAS THE FOLLOWING CITY OF WHEAT RIDGE PROJECT DRAWN BY: FMZ DESIGNED BY: F M Z CHECKED Y: F M THENCE LEAVING SAID BOUNDARY, SOUTH 31'38'43° EAST, 196.39 FEET TO THE POINT OF LENGTH RATIO OF PROPOSED ANNEXATIC BEGINNING. COUNTY CLERK AND RECORDER'S CERTIFICATE TO EXISTING CONTIGUOUS WHEAT RIDGE THIS ANNEXATION MAP WAS FILED FOR RECORD IN THE OFFICE OF THE JEFFERSON COUNTY, COLORADO CLERK AND RECORDER ON TWO (2) CONTROL POINTS: 2008. CONTAINING 548,634 SQUARE FEET OR 12.595 ACRES OF LAND, MORE OR LESS. )FR ON THE C)ey (W - TOTAL AREA OF PROPOSED ANNEXATION: End of Legal Description. 69W) 69W) BY: COUNTY CLERK AND RECORDER DEPUTY Case No.: NX0802 _ Quarter Section Map No.: App: Last Name: Coors Brewing_Co. ! Related Cases: _,NX0801 _ App: First Name: clo Ned is _9 Case History: nnex approx. 25acres into the City of Wheat Ridge', Owner: Last Name: ame Owner: First Name: App Address: IP.O Box 16097 - Review Body: CC City, State Zip: Golden CO 80401 App: Phone: 3.03277-2028 i APN: J Owner Address: ame 2nd Review Body: City/State/Zip: 2nd Review Date; Owner Phone: Fame Decision making Body: CC I, Project Address: Approval/Denial Date: Street Name: City/State, Zip: I ! ResolOrdinance No.: _ i Case Disposition: Conditions of Approval: Project Planner: Reckert File Location: VValve Notes: Follow-Up: District: Date Received: 812912008_ j Pre-App Date: 21812007