TOWN OF ERIE RESOLUTION NO. 19-142 A

80301 | 02/28/2020 | Ad id: 1-0000557534-01
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TOWN OF ERIE RESOLUTION NO. 19-142 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF ERIE AUTHORIZING THE FILING OF A PETITION TO EXCLUDE CERTAIN PROPERTIES FROM THE LEFT HAND WATER DISTRICT AND CONFIRMING THE TOWN'S ABILITY AND INTENT TO PROVIDE WATER SERVICES TO THOSE PROPERTIES UPON EXCLUSION FROM THE LEFT HAND WATER DISTRICT WHEREAS, the Town of Erie ("Town") and Left Hand Water District ("District") entered into an Agreement Regarding Water Service and Boundaries on December 13, 2001, which requires the District to fully cooperate with the Town to exclude any properties from the District which are annexed by the Town; WHEREAS, the properties listed in Exhibit A to this resolution have been identified as being annexed within the Town and also within the District boundaries (the "Subject Properties"); and WHEREAS, the Town is capable of providing water services to the Subject Properties; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ERIE, COLORADO, THAT: Section 1. The Board of Trustees hereby authorizes the filing of the Petition for Exclusion of Property from the Left Hand Water District Pursuant to Section 32-1-502, C.R.S., in substantially the form attached hereto as Exhibit B, and the Joint Stipulation and Plan Pursuant to Section 32-1-502 (2)(c), C.R.S., in substantially the form attached hereto as Exhibit C. Section 2. The Board of Trustees hereby confirms the Town's ability and intent to provide water service to the Subject Properties as needed, upon and after the effective date of the order excluding the Subject Properties from the District. ADOPTED this 8th day of October, 2019. s/ Jennifer Carroll Jennifer Carroll, Mayor ATTEST: s/ Jessica Koenig Jessica Koenig, Town Clerk EXHIBIT A TO PETITION FOR EXCLUSION OF PROPERTY FROM THE LEFT HAND WATER DISTRICT PURSUANT TO SECTION 32-1-502, C.R.S. (Descriptions of Properties to be Excluded) Headings in Exhibit A that denote current property owners are based on County Assessor records and subdivisions, and are for convenience only. 1. Property Description: (Two Friends and Some Kids, Inc.): A Tract of land situated in the Southeast Quarter of Section 13, Township 1 North, Range 69 West of the 6th P.M., Boulder County, Colorado, described as follows: Beginning at a point on the East line of the Southeast quarter of said Section 13 from which the Northeast corner of the Southeast quarter of said Section 13 bears North 01 degrees West 1209.26 feet; thence South 00 degrees 17 minutes East along the East line of the Southeast quarter of said Section 13, 336.64 feet to the Northerly right of way line of the Denver and Boulder Valley Railroad as noted on Boulder County Map 1940, thence North 56 degrees 56 minutes West 619.11 feet along said right of way line; thence East 517.07 feet more or less to the point of beginning; County of Boulder, State of Colorado. EXCEPT the East 30 feet thereof, as described in Deed recorded July 12, 1996, on Film 2140, at Reception Number 1624659, County of Boulder, State of Colorado. Also known by street and number as: 4051 East County Line Road, Erie, CO 80516; Boulder County Assessor Parcel No. 146513000055 2. Property Description: (Aspire Holdings, LLC): A part of the NE 1/4 of Section 13, Township 1 North, Range 69 West of the 6th P.M., described as follows: Beginning at a point on the East line of said Section, which is 138.7 feet North of the E1/4 corner of said section; thence West parallel to the North right of way line of State Highway No. 240, 30.00 feet to the true point of beginning; thence North parallel to the East line of said section, 208.7 feet; thence West parallel to the North right of way line of State Highway No. 240, 208.7 feet; thence South parallel to the East line of said Section, 208.7 feet; thence East along the North right of way line of Highway No. 240, 208.7 feet to the true point of beginning, County of Boulder, State of Colorado. Also known by street and number as: 4200 East County Line Road, Erie, CO 80516; Boulder County Assessor Parcel No. 146513000035. 3. Property Description: (DayBreak Metro District No. 3): Tract 18, Bridgewater Master Subdivision, Weld County, Colorado, as shown on the Bridgewater Master Subdivision Final Plat, filed on December 13, 2011 in the Office of the Weld County Clerk and Recorder, Reception No. 3811552 (17 pages), located in Section 08, Township 01N, Range 68W 6th P.M.; also known as Weld County Assessor Parcel Nos. 146708401024, 146708401025, 146708401026, 146708401027, and 146708401028. 4. Property Description: (DayBreak Recovery Acquisition LLC and DayBreak Metro District No. 3): Tract 19, Bridgewater Master Subdivision Final Plat, Located in the Southeast Quarter of Section 8, Township 1 North, Range 68 West of the 6th P.M. Town of Erie, County of Weld, State of Colorado, recorded at Reception number 3811552 December 13, 2011; also known as: A parcel of land located in the Southeast 1/4 of Section 8, Township 1 North, Range 68 West of the 6th Principal Meridian, County of Weld, State of Colorado, described as follows: Commencing at the East Quarter Corner of Section 8, from whence the Southeast corner of said section lies S00°49'09'W, 2,674.68 feet; thence along the East-West centerline S89°35'35"W, 30.00 feet to the point of beginning; Thence S00°49'09"W, 163.81 feet parallel with and 30.00 feet West of the Easterly line of the Southeast 1/4 of Section 8 to a point on the Northerly right of way line of the Union Pacific Railroad, said right of water conveyed to the Union Pacific Railroad by deed recorded June 13, 1912 in Book 359 at Page 418, said right of way being 50.00 feet distant northerly as measured at right angles or radially from the existing main track centerline; Thence following said northerly right of water the following three courses: 1) N83°46'14"W, 762.89 feet, 2) 1828.81 feet along the arc of a tangent curve to the left, said arc subtended by a radius of 1958.50 feet, a central angle of 53°30'06", and a chord bearing S69°28'43"W, 1763.09 feet; 3) S42°43'40"W, 358.98 feet to a point on the North-South centerline of Section 8; Thence N00°01'31"E 943.91 feet along said North-South centerline to the center quarter corner of said Section 8; Thence N89°35'35"E, 2655.15 feet along the East-West centerline to the point of beginning. 5. Property Description: (Town of Erie) A parcel of land located in a portion of the Southeast Quarter of Section 28, Township 1 North, Range 68 West of the Sixth Principal Meridian, Town of Erie, County of Weld, State of Colorado, more particularly described as follows: Commencing at the South Quarter corner of said Section 28, Thence North 89°04'16" East, along the South line of the Southeast Quarter of said Section 28, a distance of 23.60 feet; Thence North 00°42'30" West, a distance of 1950.34 feet, to the True Point of Beginning. Thence along the following four (4) courses:1.) North 00°42'30" West, a distance of 400.00 feet; 2.) North 89°17'30" East, a distance of 400.00 feet; 3.) South 00°42'30" East, a distance of 400.00 feet; 4.) South 89°17'30" West, a distance of 400.00 feet, to the True Point of Beginning. Containing 3.673 acres (160,000 square feet), more or less. Bearings are based on the South line of the Southeast Quarter of said Section 28, being North 89°04'16" East. Said Parcel is also known as Weld County Assessor Parcel No. 146728000007. 6. Property Description: (Town of Erie) One lot and three tracts located in the Section 31, Township 2N, Range 68W, 6th P.M., including Lot 1, Tract A, Tract B, and Tract C of the Turnpike Minor Subdivision, Weld County, Colorado, as shown on the plat for the Turnpike Minor Subdivision, filed on June 04, 2008 in the Office of the Weld County Clerk and Recorder, Reception No. 3558683, also known as Weld County Assessor Parcel Nos. 131331101001, 131331101002, 131331101003, 131331401004, 131331101006, and 131331201007. 7. Property Description: (Town of Erie) A tract of land located in the Northwest Quarter of Section 31, Township 2 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Commencing at the North Quarter corner of said Section 31; thence South 88°00'13" West, along the North line of the Northwest Quarter of Section 31, a distance of 476.42 feet; thence South 02°56'29" East, a distance of 50.01 feet to the true point of beginning; thence North 88°00'13" East 50.00 feet South of and parallel with the North line of the Northwest Quarter,a distance of 347.66 feet; thence South 23°42'27" West, a distance of 1188.98 feet; thence South 88°00'13" West, a distance of 150.00 feet; thence North 23°42'27" East, a distance of 968.98 feet; thence South 88°00'13" West, a distance of 197.66 feet; thence North 23°42'27" East, a distance of 220.00 feet, more or less, to the true point of beginning. Said parcel containing 199,881 sq. ft. or 4.589 acres, more or less. Said parcel is depicted in the Spallone No. 5 Annexation to the Town of Erie, filed on July 22, 2014, in the Office of the Weld County Clerk and Recorder, Reception No. 4032373. Also known as Weld County Assessor Parcel No. 131331200049. 8. Property Description: (Bradbury and Gini) Lot 1, Blk 2, Baxter Farm Subdivision, Boulder County, Colorado, as shown on the Baxter Farm Subdivision Final Plat, filed on December 08, 1999 in the Office of the Boulder County Clerk and Recorder, Reception No. 2005085. Also known as 11367 Erie Parkway, Erie, Colorado; Boulder County Assessor Parcel No. 146523002001. 9. Property Description: (Richter and Milane) A parcel of land located in the northeast quarter of Section 23, Township 1 North, Range 69 West of the 6th Principal Meridian, County of Boulder, State of Colorado, being more particularly described as follows: Beginning at the center quarter corner of said Section 23; thence North 00°20'53" West along the east line of the Candlelight West LLC property a distance of 437.15 feet to the southwest corner of the Candlelight Ridge subdivision; thence along the boundary of said Candlelight Ridge subdivision the following two (2) courses and distances: 1) North 89°46'49" East a distance of 311.59 feet; 2) South 00°08'38" East a distance of 429.65 feet extended to a point on the south line of the northeast quarter of said Section 23; Thence along said south line South 88°23'43" West a distance of 310.13 feet to the true point of beginning; Containing 134,707 SQ. FT. or 3.092 acres, more or less. Also known as 11515 Erie Parkway, Erie, CO 80516; Boulder County Assessor Parcel No. 146523100004 10. Property Description: (Town of Erie Parks Dept.) Parcel A: That portion of the North half of the Southeast quarter (N l/2 SE 1/4) of Section 27, Township I North, Range 69 West of the 6th P.M., described as follows: Beginning at the center of said Section thence South 56 rods; thence Easterly 160 rods to a point on the East line of said Section, 46 rods South of the Northeast comer of the Southwest quarter of said Section; thence North along the East line of said Section, 46 rods to said Northeast corner of the Southeast quarter of said Section; thence West 160 rods to the point of beginning; LESS any portion thereof conveyed by that warranty deed recorded in the office of the Clerk and Recorder of Boulder County, Colorado in Book 155 at Page 204; and LESS any portion in Arapahoe Ridge Filing No. 2, Amendment No. 1 recorded July 24, 1996 in Fi1m 2142 as Reception No. 1627828; and LESS that portion conveyed by that warranty deed recorded in the office of the Clerk and Recorder of Boulder County, Colorado in Book 1254 at Page 332 of said records; and LESS that property described in that certain Decree of the District Court in and for the County of Boulder in Civil Action No. 21302 and recorded in the office of the Clerk and Recorder of Boulder County, Colorado on Film 609 as Reception No. 853277, County of Boulder, State of Colorado. Parcel B: That portion of the Northeast 1/4 of the Southeast 1/4 of Section 27, Township 1 North, Range 69 West of the 6th P.M., bounded on the North by the South line of that parcel of land described in Deed recorded February 2, 1893 in Book 158 at Page l 80, bounded on the South by the Northerly line of that parcel of land described in Deed recorded March 3, 1893 in Book 158, Page 300 and bounded on the East by the East line of said Section 27, County of Boulder, State of Colorado. Parcel C: The following described part of the Southeast 1/4 of the Northeast 1/4 of Section 27, Township 1 North Range 69 West of the 6th P.M.; Boulder County, Colorado described as follows: Beginning at the Southwest corner of the said Southeast 1/4 Northeast 1/4; thence North 00°00'56" West along the West line of the said Southeast 1/4 Northeast 1/4, 30.58 feet to an existing fence line; thence along said fence line as follows: South 86°20'53" East, 465.44 feet and South 56°48'18" East, 6.76 feet to a point on the South line of the Southeast 1/4 Northeast 1/4; thence North 89°39'44" West, along said South line, 470.16 feet to the point of beginning, County of Boulder, State of Colorado Excepting therefrom that portion set forth in Deed recorded November 18, 2003 as Reception No. 2528363 and Excepting therefrom that portion set forth in Deed recorded February 4, 1992 as Reception No. 1159119. Also known as 2203 North 111th Street, Erie, CO 80516. The Tribune February 28, 2020