BURLINGTON CITY COUNCIL  REGULAR MEETING Community Center 340 S. 14th St., Room A March 11,2024 6:30 p.m.  COLORADO SINCE 1888  Live public streaming available: at  tpsy/www.buringtoncoo.comwimuaalcouncimeeting  AGENDA  1. Call to Order 2. Pledge of Allegiance 3. Roll call Greg Swiatkowski, Mayor Lana Mireles Paul Velasco, Mayor pro tem 4. Review and Approve. Agenda 5. Consent Agenda Items  Hal McNerney Glen Marciniak  Adrian Hernandez Troy Schultz  Emergency matlers coming before Council which may require action may be added to the agenda.  6. Public comment (Comment is limitedio. 3 minutes.)  Fort topics other than those related tot the public hearing issue listed below.  7. Public hearing - To address petition for annexation of property located south of 650 S. Lincoln St. and inside  the southeast quarter of Section 2, Township 9 South, Range 44 West oft the 6th P.M.  8. Unfinished business 9. New business  A. Consider Ordinance 989 - an Ordinance of the Council of the City of Burlington Annexing Property known as TA Travel Center. Addition, Burlington CO1 to the City ofl Burlington, Colorado. Property is located south of 650 S. Lincoln St. and inside the southeast quarter of Section 2, Township 9: South, Range 44 West ofthe C. Consider approval Resolution 2024-04 A Resolution Authorizing the City Clerk to Appoint Election Judges and Conduct al Polling Place Election for the April 2, 2024, City of Burlington Regular Municipal Election. D. Consider Resolution 2024-03 - A Resolution of the City Council of the City of Burlington, Kit Carson County, Colorado, Opposing the Entry, Transportation and Settlement of Illegal Immigrants and  6th P.M.  B. Award bid for Bareground Treatment and Fertilizer/Weed Control for 2024  Undocumented Persons in Burlington, Colorado.  10. Reports from city departments Administrator - Jim Keehne Clerk - Georgia Gilley Public Works - Mike Konecne  11. Reports from Council 12. Adjournment    Annexation Process-TA Travel Center Addition - Burlington, Colorado  On February 16, 2024, Mandy Madrid, Reeve & Associates, Inc. Project Assistant submitted al Petition For Annexation on behalf of Paul Dwyer (Petitioner), petitioning the City of Burlington for annexation to  the City of Burlington the unincorporated territory described as:  A tract of land situate in the Southeast Quarter of Section 2, Township 9 South, Range 44 West, 6th Principal Meridian, U.S. Survey, and being more particularly described as follows: Commencing at the Southeast Corner of said Section 2; Thence! S8 87°59'16" Wa along the southerly line of the Southeast Quarter of said Section 2a distance of 50.00 feet to a point on the westerly right-of-way ofU.S. Highway 385; Thence N 02°40'00" W 907.41 feet along Westerly right-of-way line to the true point of beginning; Thence S 87'20'00" West 50.00 feet; Thence N 02°40'00" W 232.04 feet; Thençe S87'20'00" W 5001 feet; Thence along a non-tangent curve turning to the left with a radius of 1079.51 feet; an arc length of 68.71 feet, a delta angle of 03°38'48", a chord bearing of N 05°42'06" E, and a chord length of 68.70 feet to a point on the extension of the Southerly line of that tract of land described in document filed for record as Reception No. 200800550712 of the Kit Carson County, Colorado Records; Thence N 87°20'00" East along said Southerly line and the extension thereof a distance of 540.00 feet to the Southeast cornerofs said tract and aj point on the Westerly right-of-way ofU.S. Highway 285; Thence! $02040'00" East along said Westerly Right-of-way line a distance of 300.00 feet to the point of beginning.  Containing 48,6175.F.of1.116, Acres Highway Commercial use (C-2).  And to hereby by known as TA Travel Center Addition No. 1, and to concurrently zone area as  AND  A tract of land situate in the Southeast Quarter of Section 2, Township 9 South, Range 44 West, 6th Principal Meridian, U.S. Survey, and being more particularly described as follows: Commencing at the Southeast Corner of said Section 2; Thence S 87°59'16" W along the southerly line of the Southeast Quarter of said Section 2 a distance of 50.00 feet to a point ont the westerly right-of-way of U.S. Highway 385 which is the true point of beginning; Thence S 87°59'16" West 550.001 feeta along said Southerly Line oft the Southeast Quarter; Thence N 02°40'06" West1133.16 feet; Thence N 87'20'00" East 500.00 feet; Thence S 02°40'00" East 232.04 feet; Thence N 87°20'00" East 50.00 feet to the Westerly right-of-way line of U.S. Highway 385; Thence S 02°40'00" East 907.41 feet along said Westerly right-of-way line to the point of beginning.  Containing 613342 S.F. or 14.080 Acres. Highway Commercial use (C-2).  And to hereby by known as TA Travel Center Addition No. 2, and to concurrently zone area as The petition for annexation complies with Section 30, Article IIS State of Colorado Constitution, and C.R.S.  31-12-104 complying with eligibility standards for annexation.  2    The City Council shall hold a Public Hearing at 6:30P.M. on March 11, 2024, at Burlington Community and Education Center, Room A, 340S. 14th Street, Burlington, Colorado, to consider proposed changes to the existing zoning map, boundaries of zoning district, and City of Burlington boundary changes. A Public Hearing will be held to hear testimony and receive evidence from property owners within the affected area (5001 foot from property to annex boundary). Any other person may appear at the Public Hearing and present evidence and testimony upon any matter considered by the City Council. All petitions and protests may be filedi in writing with the City Clerk's Office, 41515th Street, Burlington, CO  by March 08, 2024.  After public hearing, Council may vote to support or deny Petitioners Proposal.  Attached for your review are:  Annexation Application Submittal Petition For Annexation Annexation Information Sheet Planning Process Application Fact Sheet Goals and Objectives of Proposed Annexation Form Phase 1 environmental Impact Study- Executive Summary  Utility Impact Letters Annexation Site Map Building Permit Application Site Plani for Build Out  Section30, Article II State of Colorado Constitution  (1) No unincorporated area may be annexed to a municipality unless one of thei following (a) The question of annexation has been submitted to the vote of the landowners and the registered electors in the area proposed to be annexed, and the majority of such persons (b) The annexing municipality has received a petition for the annexation ofs such area signed by persons comprising more than fifty percent oft the area, excluding public streets, and alleys (c) The area is entirely surrounded by ori iss solely owned by the annexing municipality.  conditions first has been met:  voting on the question have voted for the annexation: or and anyl land owned by the annexing municipality; or  C.R.S.31-12-104 Eligibility for Annexation  (1) No unincorporated area may be annexed to a municipality unless one of the conditions set forth in section 30( (1) of article Il oft the state constitution has been met. An area is eligible for annexation if the provisions of section 30 of article IC of the state constitution have been complied with and the governing  body, at al hearing provided in section 31-12-109, finds and determines:  (a) Not less than 1/6th of the perimeter of the area proposed to be annexed is contiguous with the annexing municipality. Contiguity shall not be affected by the existence ofa platted street or alley, a public or private right of way, a public or private right of way, a public or private  3    transportation right of way or area, public lands, whether owned by the state, United States, or an agency thereof, except county owned open space, or al lake, reservoir, stream, or other natural or artificial waterway between the annexing municipality and the land proposed to be annexed. Subject to the requirements imposed by section 31-12-105 (1)(e), contiguity may be established by the annexation of one or more parcels in a series, which annexations may be completed simultaneously and considered together for the purposes of the public hearing and (b) That a community of interest exists between the area to be annexed and the annexing municipality; that said areai is urban or will be urbanized in the near future; and that said areai is integrated with or is capable of being integrated with the annexing municipality. The fact that the area proposed to be annexed has the contiguity with the annexing municipality required by paragraph (a) of this subsection (1) shall be basis for ai finding of compliance with these requirements unless the governing body, upon the basis of competent evidence presented at the hearing provided for, finds that at least two of the following are shown to exist:  the annexation impact report.  () Less than! 50% oft the adult residents of the area proposed to be annexed make use of part or all oft thet following types of facilities of the annexing municipality: Recreational, civic, social, religious, industrial, or commercial: and less than 25% of said adult residents are employed int the annexing municipality. Ift there are no adult residents at (I): 1/2ofr more of the land owners oft the land int the proposed area to be annexed (including Streets) isa agricultural, and the landowners of such agricultural land, under oath, express an intention to devote the land to such agricultural use for a period of not (II) it is not physically practical to extend to the area proposed to be annexed those urban services which the annexing municipality provides in common to all ofi its citizens on the same terms and conditions as such services are made available to such citizens. This shall not apply to the extent that any portion of an area proposed to be annexed is provided or will within the reasonable near future be provided with any service by or  the time of the hearing, this standard shall not apply.  less than 5 years.  thoughaquas-munidpal corporation.  (2)a) The contiguity required by paragraph (a) ofs subsection (1) of this section may not be established by use of any boundary of an area which was previously annexed to the annexing municipality if the area, at the time ofi itsa annexation, was not contiguous at any point with the boundary of the annexing municipality, was not otherwise in compliance with paragraph (a) ofs subsection (1) of this section, and was located more than 3 miles from the nearest boundary ori the annexing municipality, nor may such contiguity be established by use of any boundary of territory whichi is subsequently annexed directly to, or whichi isi indirectly connected through subsequent (b) Because the creation or expansion of disconnected municipal satellites, which are sought to be prohibited by this subsection (2), violates both the purposes of this article as expressed in section 31-12-102 and the limitations of this article, any annexation which uses any! boundaryin  annexations to, such an area.  4    violation of this subsection (2) may be declared by a court of competent jurisdiction to be void (g) contiguity is hereby declared to be a fundamental element ina any annexation, and this subsection (2) shall noti in any way be construed as having the effect of legitimizing in any way  ab initio in addition to other remedies which may be provided.  any noncontiguous annexation.  5    Public Notice City of Burlington Kit Carson County State of Colorado  NOTICE ISH HEREBY GIVEN the City Council oft the City of Burlington has received a petition for annexation  to the City of Burlington the unincorporated territory described as:  A tract of land situate in the Southeast Quarter of Section 2, Township 9 South, Range 44 West, 6th Principal Meridian, U.S. Survey, and being more particularly described as follows:  Commencing at the Southeast Corner of said Section 2; Thence S 87°59'16" W along the southerly line of the Southeast Quarter of said Section 2 a distance of 50.00 feet to a point on the westerly right-of-way of U.S. Highway 385; Thence N 02°40'00" W 907.41 feet along Westerly right-of-way line to the true point of beginning; Thence S 87'20'00" West 50.00 feet; Thence N 02'40'00" W: 232.04 feet; Thence S 87°20'00" W! 500 feet; Thence along a non-tangent curve turning to the left with a radius of 1079.51 feet; an arc length of 68.71 feet, a delta angle of 03°38'48", a chord bearing of N 05°42'06" E, and a chord length of 68.70 feet to a point on the extension of the Southerly line of that tract of land described in document filed for record as Reception No. 200800550712 of the Kit Carson County, Colorado Records; Thence N 87'20'00" Easta along said Southerly line and the extension thereofa distance of 540.00 feet to the Southeast corner of said tract and a point on the Westerly right-of-way of U.S. Highway 285; Thence S 02°40'00" East along said Westerly Right-of-way line a distance of 300.00 feet to the point of Containing 48,617: S.F. of1 1.116. Acres; And to hereby by known as TA Travel Center Addition No.  beginning.  1, and to concurrently zone area as Highway Commercial use (C-2).  AND  A tract of land situate in the Southeast Quarter of Section 2, Township 9 South, Range 44 West, 6th Principal Meridian, U.S. Survey, and being more particularly described as follows: Commencing at the Southeast Corner of said Section 2; Thence S 87°59'16" W along the southerly line of the Southeast Quarter of said Section 2 a distance of 50.00 feet to a point on the westerly right-of-way of U.S. Highway 385 which is the true point of beginning; Thence S 87'59'16" West 550.00 feet along said Southerly Line of the Southeast Quarter; Thence N 02°40'06" West 1133.16 feet; Thence N 87°20'00" East 500.00 feet; Thence S 02°40'00" East 232.04 feet; Thence N 87'20'00" East 50.00 feet to the Westerly right-of-way line of U.S. Highway 385; Thence S 02°40'00" East 907.41 feet along said Westerly right-of-way line to the point of Containing 613342S.F. or: 14.080 Acres; And to hereby! by known as TATravel Center Addition No.  beginning.  2, and to concurrently zone area as Highway Commercial use (C-2).    The petition for annexation complies with Section 30, Article IIS State of Colorado Constitution, (1) No unincorporated area may be annexed to a municipality unless one of the following conditions first has (b) The annexing municipality has received a petition for the annexation of such area signed by persons comprising more than fifty percent of the area, excluding public streets, and alleys and  been met:  any land owned by the annexing municipality; And C.R.S. 31-12-104 Eligibility for Annexation  (1) No unincorporated area may be annexed to a municipality unless one of the conditions set forth in section 30 (1) ofarticle II oft the state constitution has been met. An areai is eligible for annexationi if the provisions of section 30 ofa article Il oft the state constitution have been complied with and the governing (a) Not less than: 1/6" of the perimeter of the area proposed to be annexed is contiguous with (b) That a community of interest exists between the area to be annexed and the annexing (2)(a) The contiguity required by paragraph (a) ofs subsection (1) of this section may not be established by use of any boundary of an area which was previously annexed to the annexing municipality! if the area, at the time of its annexation, was not contiguous at any point with the boundary of the annexing municipality, was not otherwise in compliance with paragraph (a) of subsection (1) of this section, and was located more than 3 miles from the nearest boundary ori the annexing municipality, nor may such contiguity be established by use of any boundary of territory which is subsequently annexed directly to, or which isi indirectly connected through subsequent  body, at al hearing provided ins section 31-12-109, finds and determines:  the annexing municipality; municipality;  annexations to, such an area.  The City Council shall hold al Public Hearing at 6:301 P.M. on March1 11, 2024, at Burlington Community and Education Center, Room A, 3405.1 14th Street, Burlington, Colorado, to consider proposed changes to the existing zoning map, boundaries of zoning district, and City of Burlington boundary changes. Any person may appear at the Public Hearing and present evidence and testimony upon any matter considered by the Planning and Zoning Commission. All petitions and protestsn may bei filed iny writing with the City Clerk's  Office, 415 15th Street, Burlington, CO by March 08, 2024.  7    RESOLUTION 2024-02  STATE OF COLORADO ) County of Kit Carson  RESOLUTION OF THE CITY COUNCIL )ss. OF THE CITY OF BURLINGTON IN THE COUNTY OF KIT CARSON, STATE OF COLORADO  )  A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION FOR ANNEXATION TO' THE CITY OF BURLINGTON THE UNINCORPORATED TERRITORY KNOWN AS TA TRAVEL CENTER ADDITION AND THAT THE UNINCORPORATED TERRITORY IS ELIGIBLE FOR ANNEXATION, AND TOS SET DATE OF PUBLIC HEARING.  WHEREAS, the City Council of the City of Burlington has determined that the Petition for Annexation ofTA Travel Center Addition complies with Section 30, Article II, (1)(b) oft the  State of Colorado Constitution, and  WHEREAS, the City Council of the City of Burlington has determined that the unincorporated territory known as TA Travel Center Addition is eligible for annexation and  complies with Colorado Revised Statutes 32-12-104 (1)(a)(b), and  NOWTHEREFORE, ITI IS RESOLVED by the City Council oft the City of Burlington that the City Council of Burlington shall hold a Public Hearing at 6:30 P.M., on March 11, 2024 at the Burlington Community and Education Center, Room A, 340 S. 14th Street, Burlington, Colorado, to consider the annexation of property into the City of Burlington, changing the  boundaries ofthe incorporated limits of the City of Burlington.  ADOPTED at Burlington, Colorado, this 26th day of February, 2024.  CITY COUNCIL OF BURLINGTON  SIGNED  Greg Swiatkowski, Mayor  ATTEST  Georgia Gilley, Clerk    CLERKSCEKTIFICATE  STATE OF COLORADO ) County of Kit Carson  )ss. )  That I, Georgia Gilley, the official City Clerk of the City of Burlington, do by these presents say that the foregoing Resolution was authorized and adopted by the City Council oft the  City of Burlington on the 26th day of February 2024.  DATED this 26th day of February 2024.  Georgia Gilley, City Clerk  [SEAL]  STATE OF COLORADO ) County of Kit Carson  )ss. )  al Notary Public in and for the County ofH Kit Carson in the  State of Colorado, do hereby certify that Greg Swiatkowski, Mayor of the City of Burlington in the County ofH Kit Carson in the State ofColorado, who is] personally known to me to be the person whose name is subscribed to the foregoing Resolution, appearing before me this day in person, acknowledged that he signed, executed, sealed and delivered the said instrument in writing as his free and voluntary act and deed as such Mayor and as the free and voluntary act of the City ofBurlington in the County of Kit Carson in the State of Colorado, for the uses and  purposes therein set forth.  Given under my hand and notarial seal this 26!h Day ofl February, 2024.  [SEAL]  Notary Public  My Commission Expires:  9    Public Notice City of Burlington Kit Carson County State of Colorado  NOTICE IS HEREBY GIVEN the City Council of Burlington, acting as the Planning and Zoning Commission has received a petition for annexation to the City of Burlington the unincorporated territory described  as:  A tract of land situate in the Southeast Quarter of Section 2, Township 9 South, Range 44 West, 6th Principal Meridian, U.S. Survey, and being more particularly described as follows: Commencing at the Southeast Corner of said Section 2; Thence S 87°59'16" W along the southerly line of the Southeast Quarter of said Section 2 a distance of 50.00 feet to a point on the westerly right-of-way of U.S. Highway 385; Thence N 02°40'00" W 907.41 feet along Westerly right-of-way line to the true point of beginning; Thence S 87°20'00" West 50.00 feet; Thence N 02°40'00" W 232.04 feet; Thence S 87°20'00" W. 500 feet; Thence along a non-tangent curve turning to the left with a radius of 1079.51 feet; an arc length of 68.71 feet, a delta angle of 03°38'48", a chord bearing of N 05°42'06" E, and a chord length of 68.70 feet to a point on the extension of the Southerly line of that tract of land described in document filed for record as Reception No. 200800550712 of the Kit Carson County, Colorado Records; Thence N 87°20'00" East along said Southerly line and the extension thereofa distance of 540.001 feet to the Southeast corner of said tract and a point on the Westerly right-of-way of U.S. Highway 285; Thence S 02"40'00" East along said Westerly Right-of-way line a distance of 300.00 feet to the point of Containing 48,617 S.F. of 1.116 Acres; And hereby by known as TA Travel Center Addition No.  beginning.  1, and concurrently zone area as Highway Commercial use (C-2).  AND  A tract of land situate in the Southeast Quarter of Section 2, Township 9 South, Range 44 West, 6th Principal Meridian, U.S. Survey, and being more particularly described as follows: Commencing at the Southeast Corner of said Section 2; Thence S 87°59'16" W along the southerly line of the Southeast Quarter of said Section 2 a distance of 50.00 feet to a point on the westerly right-of-way of U.S. Highway 385 which is the true point of beginning; Thence S 87"59'16" West 550.00 feet along said Southerly Line of the Southeast Quarter; Thence N 02"40'06" West 1133.16 feet; Thence N 87'20'00" East 500.00 feet; Thence S 02"40'00" East 232.04 feet; Thence N8 87'20'00" East 50.001 feet to the Westerly right-of-wayl line ofU.S. Highway 385; Thence S 02°40'00" East 907.41 feet along said Westerly right-of-way line to the point of Containing 613342 S.F. or 14.080 Acres; And hereby by known as TA Travel Center Addition No.  beginning.  2, and concurrently: zone area as Highway Commercial use (C-2).  10    The petition for annexation complies with Section 30, Article IIS State of Colorado Constitution, and C.R.S. The City Council shall hold a Public Hearing at 6:301 P.M. on March 11, 2024, at Burlington Community and Education Center, Room A, 3405. 14th Street, Burlington, Colorado, to consider proposed changes to the existing zoning map, boundaries of zoning district, and City of Burlington boundary changes. Any person may appear at the Publici Hearing and present evidence and testimony upon any matter considered by the Planning and Zoning Commission. All petitions and protests may bei filed in writing  31-12-104 complying with eligibility standards for annexation.  with the City Clerk's Office, 415 15th Street, Burlington, CO by March 08, 2024.  11    AuthentisigniD EBAAEEPEMAFEIN8925-049800C8B03  BUILDINGPERMIT APPLICATION! Zoning Compliance Application  COLORADO SINCE 1888 415154 Street Burlington, Co. 80807 Phone-719-346-862 Fax-719-346-8397 www.buflinglonclo.com  PERMIT NO:  DATE: January 10, 2024  New Construction or Addition complete Part Aand PartCUtility Taps- Fence complete Part A- Change ofUse or Annexation PartE B  Owner's Name_ DiamondJ J Enterprises LLC Service Address POBOX247 TRENTON NE 69044  Phone Number 801-621-3100  PartA Current Zone_ Description of work Estimated cost ofmaterials Maximum height  New Building( ) Addition( ) Garage( ) Fence( )Other()  Front yards setback  Sidey yard setback  Rear Yard setback  Scale drawing of tract, building to be built, repaired or altered, with utilities and sidewalks, must be attached to  application, with all dimensions clearly indicated. Drawing attached()  PartB Change of Use Annexation X PartCUtility' Taps Electric Tap: PartD  Present use Dry Farm Land - Agricultural Current ZoneCurrently County Zoning Zoning Requesting -C-2highwavc commercial  Proposed use Convenient: Store, Fueling Station. and Truck MaintenanceShop. Use_ Convenient Store, Fueling Station. and Truck Maintenance Shop  Petition Filed,Annexation into City of] Burlington  Application for Electric(Water(: )Sewer() )Trash()  Water Tap:  Sewer Tap:  Trash:  Ihereby certify that the above appliçation, with attached drawings and documents, is true to the best ofmy knowledge and belief. Ihereby agree and bind myselft to construct, remodel, repair or alter said building in accordance with all requirements ofthe ordinances ofthe City ofBurlington, Colorado, and to employ none other than duly license plumbers and electricians for ande electrical work on said building, and I further agree to save the City ofBurlington harmless from all costs and damages plumbing which may occur by reason oft the deposit of material in streets or alleys, or by reason of any excavation under such building, under alleys, Ihereby agree and understand that City of Burlington has not adopted al building code and iti is my responsibility to follow all: state guidelines regarding: state building codes, local building codes and all inspections the State ofColorado, City ofBurlington and the Ihereby agree to pay the City ofBurlington all sales/and or use tax pursuant to' Ehapes:08, "sales and Use" Tax", of thel Burlington  sidewalks or adjacent property thereto.  Colorado Department ofLocal Affairs and Housing may require.  Municipal Code. For City Use Only Date of application Application: Approved( ) Materials tol be purchased from: Tapl Fee Public Works City Administrator  Paul Dwyer Owner  Fees paid:  Receipt Number Administrative Fee:  Denied( ) Reason  Address  Use Tax  Permit Fee  Ifmaterials are purchased outside the city, a use tax of2% must be paid on all materials prior to construction, as per Chapter 3.08,  "Sales and Use" Tax",ofthel Burlingtonl Municipal Code. Initial  12    Instrument PG ioF 2  201600570566 201600570566 Filed for Record in KIT CARSON COLORADO SUSAN CORLISS, COUNTY CLERK 01-12-2016 At 02:11 PH. WARR DEED  107.20  WARRANTYI DEED  THIS DEED, Made this a day ofJanuary, 2016, between, LARRY D. MCARTHUR. AND CHARLENE M. MCARTHUR, Grantor(s) DIAMOND J ENTERPRISES, LLC, a Nebraska limited liability company, WITNESS, that the Grantor(s), for and in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficieney of which is hereby acknowledged, bas granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, conyey and confirm unto the Grantee(s), its successors and assigns forever, all the real property together with improvements, if any, situate, lying and A tract of land situate in the Southeast Quarter of Section 2, Township 9 South, Range 44 West of the 6th Principal Meridian, Kit Carson County, Colorado and being more particularly described as follows: Commencing at the Southeast Corner ofs said Section 2; Thence S 87059'16" W along the southerly line of the Southeast Quarter of said Section 2 a distance of 50.00 feet to a point o0 the westerly right-of-way of U.S. Highway 385 and the True Point of Beginning; Thence S 87059'16" W along said southerly line of the Southeast Quarter a distance of 550.00 feet; Thence N 02040'06" W a distance of1133.16 feet to a point of non-tangent curvature; Thence along the arc ofa curve to thel left a distance of68.71 feet, said curve havinga central angle of 03038'48", a radius of 1079.51 feet, the chord of which bears N 05042'06" Es a distance of 68.70 feet to a point on the extension of the southerly line of that tract of land described in document filed for record as Reception No. 200800550712 of the Kit Carson County, Colorado records; Thence N 87020'00" E along said southerly line and the extension thereof a distance of 540.00 feet to the Southeast Corner of said tracts and a point on the westerly right-of-way ofU.S. Highway: 385; Thence S 02°40'00" Es along said westerly highway right-of-way a distance of 1207.41 feet to the point of beginning, described parcel containing 15.20 acres more or less, as shown on that survey plat recorded December 16, 2015 atl Document No. 570294 and in Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, underand upon or that might bej produced from the described lands, now owned or hereafter acquired that have not otherwise been retained by the TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, TO HAVE. AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee(s), its successors and assigns forever. And the Grantor(s), themselves, their heirs and assign do covenant, grant, bargain and agree to and with the Grantee(s), its successors and assigns, that at the (ime of the ensealing and delivery of these presents are hereby wel! seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except taxes for the year 2016 and thereafter, roads dedicated to and used by the general public, special taxing districts, utility lines in place,  whose legal address is POI Box 96, Cheyenne Wells, CO 80810, Grantee(s):  being in the County of Kit Carson and State of Colorado, to-wit:  Plat Book 10 atl Page! 51 of thel Kit Carson County, Colorado records.  Grantors  in and to the above! bargained premises, with the hereditaments and appurtenances.  easements, restrictions and reservations ofr record.  13    Instrument 201600570566  PG 20F 2  The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee(s), its successors and assigns, against all and every person or IN WITNESS WHEREOF the Grantor(s) have/has executed this Deed on the date set forth above.  persons lawfully claiming the whole or any part thereof.  Rw AMt Larry) p. McArthur  Calal-drku  Charlene M. McArthu:  STATEOF COLORADO COUNTY OFI KIT CARSON  SS.  The foregoing instrument was acknowledged before me this a_dayo of  2016,  by Larry D. McArthur and Charlene M. McArthur.  Jomuany  My commission expires:  187 CODY RAE PETTIBONE NOTARYPUBLIC STATE OF COLORADO NOTARY ID: 20134070423 MY COMMISSION EXPIRESI NOVEMBER8,2017  Witness my hand and official seal.  (SEAL)  notary publi  Ggeplne  14    ATTACHMENT A  PETITION FOR ANNEXATION  The undersigned, in accordance with Article 12, Chapter 31, C.R.S., as amended, hereby petition the City Council ofthe City of Burlington, Colorado, for annexation tot the City of Burlington the unincorporated territory more particularly described below, to bel known as" TA Travel Center Addition and in support of said Petition, the petitioners allege that: (1) Itis desirable and necessaryi that thef following described territory be annexed by the City of Burlington, Colorado; (2) Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the City of (3) Acommunity ofinterest exists between thet territory proposed to be: annexed and the CityofE Burlington, Colorado;  (include complete metes and bounds legal description)  Burlington, Colorado;  (4) The territory proposed to be annexed is urban or willl be urbanized ini the near future;  (5) The territory proposed to be annexed is integrated or is capable of being integrated with the City of Burlington; (6) The signatures on the Petition comprise the landowners ofr more than! 50 percent of the territory included in the area proposed to be annexed, exclusive of streets and alleys, and said landowners attesting to facts and agree (7) No land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more  Colorado;  that the conditions herein contained will negate the necessity of any annexation election;  contiguous tracts or parcels of real estate:  a. Isc divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels are separated by a dedicated: street, road or other public way; b. Comprising twenty (20) acres or more and which, together with the buildings and improvements situated thereon has an assessed value in excess of Two Hundred Thousand Dollars ($200,000) fora ad valorem tax purposes for the year preceding annexation, isi included within the teritoryproposed to  be annexed without written consent of the landowner or landowners.  (8) No part oft the area proposed to be annexed is more than three miles from a point on the municipal boundary, as (9) The area proposed to be annexed comprises: more than 10 acres and an impact report as provided fori in 31-12- (10) The area proposed to be annexed is located within Kit Carson County, the RE-6J Burlington School District, The Burlington Fire Protection District, Plains Ground' Water, Republican River Water Conservation District, Kit Carson  such was established morei than one year beforei this annexation will take place;  105.5 CRS, as amended, is required.  County Health District, Fairview Cemetery District and no others:  15    (11) The mailing address of each signer, the legal description oft thel land owned bye each signor and the date of signing (12) Accompanying this Petition are four (4) prints of the annexation map containing the information required by State Statute as well as under Section 1B. of the City of Burlington Annexation Requirements. (13) Thei territory to be annexed is not presently a part ofa any incorporated city, city and county, or town; (14) The undersigned agree to the following conditions, which shall be covenants running with the land, and which  of each signature are all shown on this petition;  shall, at the option oft the City, appear ont the annexation map:  a. Water rights shall be provided at the discretion of City Council and in conformance with the City Charter. The undersigned hereby waive any and all "vested rights" previously created pursuant to 24-68-103, CRS, The undersigned and the City may enter into a Pre-Annexation Agreement prior to the effective date of this ammeatonphchagrement shall bea additional lconditionsaseffectively: asifsetforthinthisP Petition; d. Any development within the annexed territory shall comply with the City of Burlington Municipal Code.  asa amended;  and  (15) Petitioner represents that: (check one)  X No part of the property to be annexed isi included within any site specific development plan approved by Kit  Carson County, Colorado.  Asites specific development plan has been approved by Kit Carson County, Colorado.  EXECUTED this 25th dayof January  2024  (Insert appropriate signature block or blocks found on following page)  16    Corporation  Corporation name  Diamend 3 Enterpr.s45 LLC Brfavl pwyer Title 0 wner  Street Address 86102 MerfhAwpdny City, State Zip Tpent fn NE 69044  Secretary  STATE OF Nebask Countyof Balwillow  )ss  Thei foregoingi instrument was cknowlecgesyelgregpet this H dayof Januwy (month294 (year),by tvl. Dfor as President, and by  as Saentayot/mmes Eukrpises, LC (corporation  name), a Nebraska corporation.  State ofN Nebraska-G General Notary CLINT BRYANT My Commission Expires Api23,2026  WITNESS my hand and official seal. My commission expires.  Notary yPublic  S  17    Attachment B  ANNEXATION INFORMATION SHEET  The following information is necessary to prepare documents required for annexation of landi into the City of Burlington.  Please provide all information requested for the Annexation packet.  NAME OF ADDITION:TATrave! Center Addition  LEGAL DESCRIPTION:  PART OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP9SOUTH, RANGE 44 WEST, 6THI PRINCIPAL MERIDIAN, COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 2; THENCE S8 8759'16" W ALONG THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF SAID: SECTION 2AD DISTANCE OF 50.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF- WAY OF U.S. HIGHWAY: 385 AND THE TRUE POINT OF BEGINNING; THENCE S8 87"59'16" W. ALONG SAID: SOUTHERLYLINE OF THE SOUTHEAST QUARTER AD DISTANCE OF 550.00 FEET; THENCE N 02" 40'06" W AI DISTANCE OF 1133.16 FEETTOA POINT OF NON-TANGENT CURVATURE; THENCE ALONG THE ARC OFA A CURVE TOTHE LEFT A DISTANCE OF 68.71FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 03°38'48", A RADIUS OF 1079.51 FEET, THE CHORD OF WHICH BEARSN 05°42'06" EADISTANCE OF 68.70 FEETTO Al POINT ON THE EXTENSION OF THE SOUTHERLY LINE OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT FILED FOR RECORD AS RECEPTION NO. 200800550712 OF THE KIT CARSON COUNTY, COLORADO RECORDS; THENCE N 87*20'00" E ALONG SAID SOUTHERLY LINE AND THE EXTENSION" THEREOF A DISTANCE OF 540.00 FEETTOTHE: SOUTHEAST CORNER OF SAID TRACT AND AF POINT ON THE WESTERLY RIGHT-OF-WAY OF U.S. HIGHWAY: 385; THENCE! S 02*40'00" E ALONG SAID WESTERLY HIGHWAY RIGHT-OF-WAY, AC DISTANCE OF 1207.41 FEET TOTHE POINT OF BEGINNING, DESCRIBED PARCEL CONTAINING 15.20 ACRES MORE OR LESS, AS SHOWN ON THAT SURVEYPLATI RECORDED DECEMBER 16, 2015 AT DOCUMENT NO. 570294 AND IN PLATI BOOK 10/ ATI PAGE! 51 OF THE KIT  U.S. SURVEY, DESCRIBED AS FOLLOWS:  CARSON COUNTY, COLORADO RECORDS.  ZONING:  PART OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 9$ SOUTH, RANGE 44 WEST, 6TH PRINCIPAL MERIDIAN, COMMENCING ATT THE SOUTHEAST CORNER OF SAID SECTION 2; THENCE S8 87"59'16" W ALONG THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER OF SAID: SECTION: 2 Al DISTANCE OF 50.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF- WAY OF U.S. HIGHWAY 385 AND THE TRUE POINT OF BEGINNING; THENCE S8 87°59'16" WI ALONG SAID SOUTHERLYLINE OF THE SOUTHEAST QUARTER AC DISTANCE OF 550.00 FEET; THENCE N 02° 40'06" W A DISTANCE OF 1133.16 FEETTOA POINT OF NON-TANGENT CURVATURE; THENCE ALONG THE ARC OF A CURVE TO1 THE LEFT A DISTANCE OF 68.71 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 03*38'48", Al RADIUS OF: 1079.51 FEET, THE CHORD OF WHICH BEARSN 054206PEADISTANCE OF 68.70 FEET TO AI POINT ON THE EXTENSION OF THE SOUTHERLYL LINE OF THAT TRACT OF LAND DESCRIBED IN DOCUMENT FILED FOR RECORD AS RECEPTION NO. 200800550712 OF THE KIT CARSON COUNTY, COLORADO RECORDS; THENCE N8 87°20'00" E ALONG SAID SOUTHERLY! LINE AND THE EXTENSION THEREOF, A DISTANCE OF: 540.00 FEET TOTHE: SOUTHEAST CORNER OF SAID TRACT AND AF POINT ON THE WESTERLY RIGHT-OF-WAY OF U.S. HIGHWAY: 385; THENCES02-40'00" E/ ALONG SAID' WESTERLY HIGHWAY RIGHT-OF-WAY, AD DISTANCE OF 1207.41 FEET TO THE POINT OF BEGINNING, DESCRIBED PARCEL CONTAINING 15.20 ACRES MORE OR LESS, AS SHOWN ON THAT SURVEYI PLAT RECORDED DECEMBER 16, 2015 AT DOCUMENT NO. 570294 AND IN PLAT BOOK: 10 AT PAGE! 51 OF THE KIT  U.S. SURVEY, DESCRIBED AS FOLLOWS:  CARSON COUNTY, COLORADO RECORDS.  SIZE OF ANNEXATION PARCEL IN ACRES:1 15.196 Acres  18    BREIF DESCRIPTION OF LOCATION OF PROPOSED ANNEXATION: The propertyi is situated on the west side of US  Highway 385 an estimated: 1,200 linear feet south of the I-70E Exit 437 eastbound off ramp.  IMPACT REPORT: If the area proposed to be annexed is ten acres or more in size, an impact report as provided in Section 31-12-108.5, CRS as required. The Board of County Commissioners may agree to waive this requirement. Ifso,a  letter from the Board of County Commissioners is required tol be provided with this document.  DISTRICTS: The area proposed to be annexed is located within Kit Carson County, the RE-6J Burlington. School District, The Burlington Fire Protection District, Plains Ground' Water, Republican River Water Conservation District, Kit Carson  County Health District, Fairview Cemetery District, and no additional districts.  PRE-ANNEXATION AGREEMENT: The petitioners may enter into al Pre-Annexation. Agreement prior to the effective date of this annexation, which agreement shall constitute additional conditions as effectively as of set forthi in the Petition for  Annexation.  NAMES AND ADDRESSES OF INDIVIDUAL LAND OWNERS WHO WILL BE SIGNING THE PETITION FOR ANNEXATION:  Name: Paul Dwyer  Name: Address: Name: Address:  Address: PO Box 247,Trenton, NE 69044  Name: Address:  NAMES OF CORPORATE OWNERS, THEIR ADDRESSES, ANDI NAMES OFI PERSONS WHO WILL BE SIGNING THE  PETITION FOR ANNEXATION: Corporation Name: Address:  Corporation Name: Address:  Person Signing &1 Title: Person Attesting & Title:  Person Signing & Title: Person. Attesting & Title:  19    NAMES OF PARTNERSHIP OWNERS, THEIR ADDRESSES, AND NAMES OF GENERAL PARTNERS WHO WILL BE  SIGNING THE PETITION FOR ANNEXATION:  Partnership Name: Address:  Partnership Name: Address:  General Partner Signing:  General Partner Signing:  VESTED PROPERTY RIGHTS: States whether any" 'vested rights' have been created by previous approval(s) by Kit Carson County pursuant to Section 24-68-103, CRS, that petitioner(s) will not waive as a condition of annexation,  andi ifs so, describe in detail the nature of such vested rights.  DATES:  Deadline for filing signed annexation packet in City Clerk's Office: Resolution setting public hearing; ordinances on first reading at City Council:  Planning Commission Hearing:  City Council public hearing: ordinances on first reading:  20    Attachment C  PLANNING PROCESS APPLICATION FACT SHEET  Applicant Name(s):. Reeve & Associates, Inc.  Mailing Address: City: Riverdale Phone: (801)621-3100  5160S1500W  State: UT  Zip: 84405  Fax:. (801)621-2666  E-Mail: christy@reeve.co  Summary of Request: Applicant is requesting annexation and rezone of property described below. The north property line touches Burlington Cities boundaries and we are requesting the property be annexed from Kit Carson County into  the City of Burlington with the C-2 Highway Commercial: zoning designation. Disclosure of Ownership: (Please provide one of the following)  Assessor Parcel Info Mortgage Deed Legal Description:  Judgements Liens Contract  Easement Agreement Other Agreements  PART OF THE SOUTHEAST QUARTER OF SECTION. 2, TOWNSHIP 9SOUTH, RANGE 44 WEST, 6TH PRINCIPAL MERIDIAN, COMMENCING AT1 THE SOUTHEAST CORNER OF SAID SECTION 2; THENCE S8 87°59'16" W ALONG THE: SOUTHERLYLINE OF THE SOUTHEAST QUARTER OF SAID: SECTION 2/ Al DISTANCE OF 50.00 FEETTO A POINT ON THE WESTERLY RIGHT-OF- WAY OF U.S. HIGHWAY 385 AND THE TRUE POINT OF BEGINNING; THENCE S8 87°59'16" W ALONG SAID SOUTHERLYLINE OF THE SOUTHEAST QUARTER AD DISTANCE OF 550.00 FEET; THENCE N 02° 40'06" W AI DISTANCE OF 1133.16 FEETTOA POINT OFI NON-TANGENT CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT Al DISTANCE OF 68.71 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 03'38'48", Al RADIUS OF 1079.51 FEET, THE CHORD OF WHICH BEARS N 054206/EADISTANCE OF 68.70 FEETTO Al POINT ON THE EXTENSION OF THE SOUTHERLY LINE OF THATT TRACT OF LAND DESCRIBED IN DOCUMENT FILED FORI RECORD AS RECEPTION NO. 200800550712 OF1 THE KIT CARSON COUNTY, COLORADO RECORDS; THENCE N 87'20'00" E ALONG! SAID: SOUTHERLY LINE AND THE EXTENSION THEREOF. A DISTANCE OF 540.00 FEETT TOTHE SOUTHEAST CORNER OF SAID TRACT AND AF POINT ON THE WESTERLY RIGHT-OF-WAY OF U.S. HIGHWAY 385; THENCE $02"40'00" EA ALONG SAID WESTERLY HIGHWAY RIGHT-OF-WAY, Al DISTANCE OF 1207.41 FEET TO THE POINT OF BEGINNING, DESCRIBED PARCEL CONTAINING 15.20 ACRES MORE OR LESS, AS SHOWN ON THAT SURVEY PLAT RECORDED DECEMBER 16, 2015 AT DOCUMENT NO. 570294 ANDI IN PLAT BOOK 10 AT PAGE 51 OF THE KIT  U.S. SURVEY, DESCRIBED AS FOLLOWS:  CARSON COUNTY, COLORADO RECORDS.  21    Attachments:  X Vicinity Map (8.5'"x11")  X Written Narrative/Description of Proposal  X Names, Addresses and Map of Adjoining Property Owners (from Assessor's Office)  X Vested Property Rights  X Letter/Power of Attorney from Owner (If not Applicants)  X Site Plan (11"x17") to scale, includes dimensions and locations of all: structures, parking spaces and access, snow storage, landscaping, live cover, utility lines, road/street names, land uses of adjacent properties, setbacks,  include table for allo dimensional requirements.  SUBMIT FOUR (4) COMPLETE COPPIES OF APPLICATION AND ATTACHMENTS TO CITY OF BURLINGTON PLANNING AND  ZONING COMMISSION, CITY HALL, 41515-"STREET, BURLINGTON, CO 80807  Signature(s)  cat  DateJonuary25.2024  Date_  22    ANNEXATION. APPLICATION SUBMITTAL REQUIREMENTS  I.  REQUIRED INFORMATION  Itis understood that the Annexation Application Requirements may not apply to every annexation situation. Applicants must submit the following information at the review stage, unless otherwise directed by statements contained herein, or upon waivers granted by the City Council as part of the Pre-annexation Agreement.  X A.  Petition for Annexation (original and three copies). The Petition for Annexation shall be signed by the landowners of more than 50 percent of the territory inçluded in the area proposed to be annexed, exclusive of streets and alleys. The required format and content oft the petition is set forth in Attachment A - Petition for Annexation. A copy of the petition shall be submitted in electronic format preferably as a PDF file. No signature X B. An Annexation Map (four copies): The Annexation Map shall be prepared according to the standards in Colorado Revised Statutes CR.S.)31-12-107 as amended from time to time, and shall comply with 1. Allmaps must bear suitable evidence oft they professional qualifications ofthe person or firm who prepared the map. All required documents containing! lands survey descriptions shall be certified byad dulyregistered 2. Monuments. The character, type and position of all boundary and/or aliquot monuments found or set shall be shown on the map. Reference monuments shall be set, with dimensions and descriptions shown on the map in the event that monuments cannot be set. If a monument is to be set as a result of a proposed street, road or other construction, one or more reference monument shall be set, with dimensions and descriptions shown on a map, if the monument cannot be reestablished in its original 3. Amonument key that shows existing monuments int the form of those monuments found and those set, 4. Section corner tie. Aminimum of two (2) sectioncorners, quarter cornersor other relevant aliquot corners 5. The dimensions of all maps shall be twenty-four (24) inches by thirty-six (36) inches, with a marginal line one inch from each edge. All drawings, affidavits, certificates, acknowledgements, endorsements, acceptances of dedication, and notarial seals shalll be contained within said marginal lines, except that the title shall be noted in the upper and lower right corners, outside the margin, for City filing purposes. 6. In case of three or more sheets, a key map: showing the relationship of individual sheets shall be provided on the first sheet of the set. Notes shall appear only on the first sheet. A tabulation shall be included showing the perimeter distance of the proposed annexation that is contiguous with the City's corporate limits, as defined by C.R.S.31-12-104, as amended from time tot time;and the actual perimeter boundary distanceofthe: area soughttol be annexed, anda a calculation oftheratiol between the contiguous boundary and the total perimeter boundary in order to establish the 1/6th contiguity requirement as defined by  on the petition is valid if dated more than 180 days prior to the date of filing the petition.  thet following:  Colorado Professional Land Surveyor.  position.  ora note at each monument detailing this information is acceptable.  are required for annexation maps.  C.R.S31-12-104.  23    7. Each map shalll be drawn in black, waterproof ink on mylar of good quality.  8. Thel basis of bearings used in the legal description. 9. The proposed name of the annexation.  10. Asubtitle describing the origin of the proposed annexation.  11. Date of preparation.  12. Each sheet shall show the title, north arrow, scale (minimum 1"-100), bar graph, and sheet number. 13. Show relationship to adjacent areas using fine dashed lines toi include complete legal description (lot and block numbers, outlot and tract names and annexation/subdwsion name or unincorporated Kit Carson 14. Boundary of the annexation designated by a one-eighth inch hatched border applied to thei inside of the 15. Line typesf fora annexation boundaries, street right-of-wayl lines and existing lot lines shalll be bold and solid.  County"), including land across adjacent rights-of-ways.  boundary line.  16. Line types for easements shall be denoted by fine dashed lines.  17. Location and widths of all existing easements, recorded or otherwise, and proposed easements, if required to be shown on the map by the City, are to be labelled and dimensioned to sufficiently define the easement geometry, including easements to be reserved for public use. No "typical" notations shall be used. Where an easement is not defined as to width or extent by a recorded conveyance, decree or other instrument, the easement shall be depictedi in a manner that gives notice to the existence thereof, together with an appropriate descriptive label whichi includes the words "boundary not determined."T The applicant shall include the name and address of the owner of each such easement and such owner shall be given notice. It shall be the duty of the applicant to meet with the owner of each such easement and to make reasonable efforts to agree upon the boundaries thereof. In the event any such agreement is reached, appropriate instruments evidencing such agreements shall ber recorded prior to recording oft the annexation map, andt the agreed upon boundaries shall bei indicated on the annexation map. 18. Location and dimensions of all existing recorded rights-of way showing the centerline ofeach right-of-way 19. Location and dimensions for all lines, angles and curves used to describe boundaries, rights-of-way, and easements to be reserved for public use, if required to be shown on the map by the City. Sufficient data shalll be shown to readily determine the bearing and length of every boundary line ande easement line. No ditto marks shall be used. Length, radius, total delta and the bearing of radial lines shall be shown, In  and the right-of-way width on each side of centerline.  addition, non-tangent curves shalli include a chord bearing and distance.  24    20. All distances shall be set forth to the nearest hundredth ofa a foot and bearings to the nearest second.  21. All tracts and outlots shall show net açreage to the nearest square foot.  22. Street names, including prefixes and suffixes, shall be noted. Names shall be subject to approval by the  City, Fire, and Police Departments.  23. Limits oft floodway and flood fringe boundaries shown by dashed lines and labelled.  24. Legal description of the parcel to be annexed inclusive of the reception number(s) and/or book and page(s) that the legal survey for the annexation is based upon. Legal descriptions must match boundary and direction as shown on the map. The area of the annexation shall be included in the legal description 25. Other relevant documentation as determined by City Administration. Other information may be required by Administrator to make determination as to thei impacts of the proposed annexation to the City. 26. When an annexation agreement has been established for an annexation, the following note shall be provided on the map: "This annexation is subject to an annexation agreement which has been recorded 27. Dedication omm-acknowledgments: All maps, on which property is dedicated for public use, shall have a dedication statement thereon signed by all persons having any record interest in the property annexed, consenting to the preparation and recording of the map and offering for dedication all parcels of land shown ont ther mapa andi intendedi for public use, except those parcels other than streets which arei intended for the exclusive use oft the lot owners in a subdivision of the property contained within the boundaries  and dedication statement.  int the real property records of Kit Carson County."  oft the annexation map, including their licenses, visitors, tenants and servants.  X C. D.  Completed Annexation Information Sheet (Attachment B).  Annexation Impact Report. This report is not required for annexations of ten acres or less or when the City and the Kit Carson County Board of Commissioners agree that the report is not necessary. Preparation of the impact report is the responsibility of the petitioner. The report must include the following detailing the need for any expansion oft those services and facilities to accommodate the development proposed for the property being annexed. Thei impact report shall be adequate in length to fully explain the need, concepts and proposed solution  fort those services impacted:  1. Ar map or maps of the municipalityand adjacent territory to show thei following:  a. The present and proposed boundaries of the municipality in the vicinity ofthe proposed annexation; b. The present streets, majortrunk water mains, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed  annexation;and  The existing proposed land use pattern ini the area to be annexed.  25    2. Adraft copy of any pre-annexation agreement. Ift the City and petitioner are contemplating execution of an agreement setting forth any conditions of annexation other than those set forth in the annexation petition, then such pre-annexation agreement must bei inj place (signed by all parties other than the City) 3. Astatement setting forth the plans of the municipality for extending to or otherwise providing for, within the area to be annexed, municipal services performed by or on behalf of the municipality at the time of annexation (thisi information must be obtained from City epartmentsresponsible for providing municipal services, including the Police Department, Water and Sewer Department, Electric Department, Streets 4. As statement setting forth the method under which the municipality plans to finance the extension of services into the area to be annexed (this information must be obtained from City departments responsible for providing municipal services, including the Police Department, Water and Sewer  prior to City adoption of the annexation ordinance on first reading.  Department, and Parks Department).  Department, Electric Department, Streets Department, and Parks Department). 5.A Astatement identifying the existing districts within the area to be annexed.  6. As statement to 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 (this information must be obtained from the Burlington RE6-J School District), and proposals to mitigate any 7. Astatement tot the effectofannexation upon the existing transportation system and proposals to mitigate any negative impacts upon the community, including but not limited to: arterial and collector street improvements, intersection improvements, intersection signalization, alternative modes of 8. Astatement to the effect of annexation and proposed development on the existing drainage system and proposals to mitigate negative drainage impacts on the community, including but not limited to: historic rainfall drainage patterns, detention: nandretentionareas; storm sewern requirements, discharged irrigation 9. As statement to the effect of annexation and proposed development on the City Police Department and proposalsto mitigate anyi impact upon existing police services, including! but not limited to: specialsecurity 10. A: statement to the effect of annexation and proposed development on providers of the Fire Protection District services and proposals to mitigate such impacts, including but not limited to: special fire hazards, fire prevention efforts, fire detection, emergency access, additional equipment requirements, additional 11. As statement to the effect ofa annexation: and proposed development on City park facilities and recreation programs and proposals to mitigate any impact upon the existing facilities and programs, including but  negative impacts on the education system.  transportation such as publictransit, bikeways, pedestrian walkways and trails, etc.  ditches, floodways and floodplains, etc.  needs, additional officers required, additional equipment requirements, etc.  firefighter requirements, etc.  not limited to: additional facilities, programs and personnel required.  26    X E.  An ownership and Encumbrance report from a title company anda al letter from an attorney certifying that the landowner: and lienholder signature blocks on the map are correct. This report must be current as oft the date of filing the petition. The applicant shall provide an updated report within (15) days of the City Council public  hearing on the annexation ordinance. (ALTASurvey Provided)  X F.  Three (3) copies of an Environmentally Sensitive Areas Report. The report must identify the presence of anyenvironmentally: sensitive areas and describe conditionsofannexation proposed to avoid or mitigate potential impacts on such areas. Environmentally sensitive areas include by definition, irrigation canais and ditches, water courses, floodway and flood fringe areas, wetlands, wildlife habitat areas and corridors, mature stands of vegetation, existing slopes over 20%, soils classified as having high water table, or being highly erodible, land formerly used for landfill operations or hazardous material use, fault areas, aquifer recharge and discharge areas,  and otherareas possessing environmental characteristics similar to those listed.  X G.  Four (4) copies of a site plan at a scale not less than 1"=200' oft the property proposed for annexation and adjacent to land within 300 feet. The site plan is not the annexation map. The site plan must depict the 1. Existing buildings and structures, ifa any, including any stormwater or seweri treatment facilities; 3. Location and dimensions of all other physical features within and adjacent to thet tract to be annexed; 4. Contours of the City datum at vertical intervals ofr not more than five feet where the slopei is greater than 5. Location: andy principle mensonsofalewsting streets, alleys, easements, lotl lines, access points to public 7. Use of property and outline of any existing deed restrictions, including building setbacks and minimum  followingi information:  2. Power pole and buried cable locations;  10% and not more than twot feet where the slope is 10% or less;  ways, and areas reserved for public use; 6. Complete street names; yard dimensions; 9. Sidewalk location and width; 10. Provisions for sewage disposal; 11. Provisions for water supply; 12. Open irrigation canals and ditches; 13. Location of all leasements;  8. Location: and extent of environmentally sensitive areas;  14. Location and dimensions for all adjacent streets, alleys, lot lines and open areas; 15. Location and dimensions of private and public sewers and private andj public water mains;  16. Existing stormwater drainage patterns; 19. Location of existing fire hydrants.  17. Location and dimension of watercourses and direction of flow; 18. Location and dimension of area(s) subject toi inundation by stormwater;  X H. Four (4) copies of the following: completed Planning Process Application form (Attachment C); vicinity  map (85x11"); the annexation map; and the site plan.  X I. digital form.  The annexation mapping data, ac complete project description, and legal description must be: submittedin  27    XJ.  $500.001 filing fee, plus $25.00 per acre on gross areal being annexed.  X K. One (1) 11"x17" photo reduction of the map and the site plan. Ar reduced paper copy is initially  acceptable, but the photo reduction shall be submitted to City Administration no less than 22 days before the  public hearing.  XL The annexation map: submittal checklist completed by the applicant and containing the initials of the X M. Wetlands Reconnaissance Report prepared bya a qualified: specialist regarding the presence or absence of wetlands on the subject property. If wetlands are present on the property, the location and extent of wetlands  appropriate Cityr representative fora all items waived.  must be depicted on the site plan required under item G above.  X N. Acomplete application to zone the property being annexed in accordance with the City of Burlington submittal requirements for conventional zoning applications. An additional filing fee is required for the zoning  portion of the application.  X O. Four (4) copies ofa any annexation agreement proposed by the petitioner. This agreement would set forth any proposed conditions of annexation in addition to those set forthi in the Petition for Annexation (Attachment A). Examples ofs such conditions would be provisions to protect environmentally sensitive areas and  requirements to dedicate rights-of-way or easements.  X P.  One (1) copy of a list of mailing addresses of all owners of record of; (i) the property proposed for annexation and (ii) all real property located within 5001 feet oft the property to be annexed, excluding public rights-  of-way. This information can be obtained from the County Assessor's Office.  XQ. plepuanatww Report prepared bya ac qualified specialist examining the property for hazardous material and petroleum product contamination. The report will be prepared in accordance with the American Society for Testing and Materials Standard Practice for Environmental Site Assessments: Phase 1  ESA. N/A R.  If the annexation application is accompanied by a specific development proposal, such as a preliminary development plan, two (2) copies ofaf fiscali impact report prepared by a qualified person predicting the net fiscal S. Two (2) copies of a report prepared by a qualified person describing in sufficient detail information that the applicant wants tol have the Current Planning Commission, and City Council consider in determining if the proposed annexation is consistent with the City's plan for growth and delivery of services. At a minimum, the  impact on the City from the development proposal.  report must address the following annexation philosophy and objectives of annexation.  1. The City of Burlington Annexation Policy is based on the philosophy that annexation can be beneficial  when community values are supported and specifically when:  28    a. The resulting development pattern is ini immediate proximity to the Cityl landscape andi facilitates  aconcentric growth pattern:  Objectives  Central service delivery where the provisions of utilities, refuse, police and parks raise Utility efficiencies of scale where extension of lines in more concentrated growth areasis Transportation connectivity where possibilities for extended street grids and major Logicalgrowth pattern wheret there exists thea ability to create logtalepansomofurent  service levels for new area annexed; more economically feasible; collector roadways are enhanced;  Compatible land use exists with Cityl land use needs; uses meeting current development standards.  b. The proposed development supports sustainable economic viability within the community:  Objectives  Protection and expansion of sales tax base through support for increased commercial development providing for revenues for services needed by housing; Economies of scale for service where extension of utilities and street services is accomplished cost effectively with denser development; Incentives for new business/jobs where added opportunities for retail and industrial space provide fori increased commerce; Increased development opportunitywhere: economic prospectsareenhanced with added land development potential; Housing inventory increased where developable ground is dedicated to mixed types of housing to meet community demands.  Itsupports sustainable environmental preservation within the community:  Objectives  Avoidance of sprawl, where control of area brought within municipal boundaries may Water qualityi is preserved where control ofwater, wastewater, and storm water protects Reducei impact of fringe areas where expansion of City limits allows control ofa area ont the  help mitigate sprawl; Central sanitary services required; water quality;  border of the municipal boundary.  29    d. ltsuportsasusteinable: social/political framework within the community:  Objectives  Larger voter community where those that reside within annexed area provide Simplifies governmental access where consolidation of government interaction is Increased population increases influence providing for greater resources to exercise a Improvement of services with more users sharing the capital costs; Undeveloped ground is easier to planf future development than areas already built; Asa available resources, grow the opportunity to partner with other entities increases.  opportunities to vote on city issues; provided to those on the fringe areas; unified political voice;  30    Reeve 8 Associates, Inc. January 10, 2024 Project: Subject: Reeve. Job: 7950-28  LVPetroleum- - Burlington Colorado Culinary Water & Wastewater Flow. Demands  Reeve & Associates has prepared this letter addressing the culinary water and wastewater daily demands for the proposed LVI Petroleum site to be located in Burlington, Colorado south of the I-70 and SI Lincoln Street interchange. Below are the factors considered for the The project consists ofa fueling station truck stop with 3 quick service restaurants and a service shop for commercial vehicles. For sewer flow, the service shop building is estimated at 500 gallons per day and the truck stop building is estimated at 10,500 gallons per day. This corresponds to a daily total of11,000 gpd for an average flow rate of7.6 gpm or aj peak flow Water demands are estimated to equal the sewer flows plus additional for other uses that do Ifyoul have any questions, or we can be of further assistance, please let us know.  development and the resulting daily flows.  rate (with a 4.0 peaking factor) of30.6 gpm. not flow into the sewer. system at 13,000 gpd.  Sincerely, / / Nate Reeve, P.E. Principal Engineer Reeve & Associates, Inc. nate@reeve.co  Bs - Kenneth Hunter, P.E. Project Engineer Reeve & Associates, Inc. ken@reeve.co  Solutions You Cank Build OnM  Civil Engineering /Land Planning Structural. Engineering Landscape. Architecture /LandSurveying 5160 South 1500 West . Riverdale, Utah 84405 . Tel: 801-621-3100 . Fax: 801-621-2666  Email: oflice@recye.co . Website: www.reeve.co  31    Reeve 8A Associates, Inc. January 11,2024 Project: Subject: Reeve. Job: 7950-28  LVPetroleum - Burlington Colorado Estimated. Power. Needs  Reeve & Associates has prepared this letter addressing the estimated power demands for the proposed LV Petroleum site to be located in Burlington, Colorado south oft the I-70 and S Thej project consists ofa fueling station truck stop with 3 quick service restaurants and a service shop for commercial vehicles. Our architect Troy Anderson with Clarity Design Group provided the following information; The c-store has a 120/208, 3 phase, 4 wire, 2500 AMP service. The truck service building has 480/277, 3 phase, 4 wire, 800 AMP service. Ifyou have any questions, please contact Troy Anderson troy@elartydesign.us  Lincoln Street interchange  Sincerely,  Metn  Nate Reeve, P.E. Principal Engineer Reeve & Associates, Inc. nate@reeve.co  Solutions You Can Build Onm  Civil Engineering /Land Planning Structural. Engihnering/lomape. Architecture/l Lands Surveying 5160 South 1500 West . Riverdale, Utah 84405. . Tel:801-621-3100 . Fax: 801-621-2666  Email: office@reeve.co . Website: www.reeve.co  32    017 9391MdH31N3 P GNONVIO os dyw NOILVXENNV  oul sajerossy oA0asT  758'16W  EuSIC  33    'oul 'saeppossyg oAoasi  071 $3S18dH31N3 r GNONVIG 2us dV NOLLVXINNV  $8720'00w s00.00 o.00  34    017 83818dH31N3 r GNONVIG us, dVw NOILVXENNV  our sazeppossy Aoaxt  35    ueld els Aeujueid 00 uogbulng ann wnejosod AT  ouI 'sa,epossy OA0oxT  t  :  HHR I RSIR in "HRL SA  1SE  36    Kit Carson  BOARD OF COUNTY COMMISSIONERS  Stan Hitchcock, District1 Commissione Cory Wall, District 2 Commissione: David L. Hornung, District 3 Commissione  KIT CARSON COUNTY POBOX160 BURLINGTON CO80807-0160 odmiguicnocomyeg PH: 719-346-8139 (193) FAX: 719-346-7242  February 28, 2024 To: City of Burlington 415 15lh Street Burlington, Colorado 80807  The Board of County Commissioners hereby acknowledges that a Petition for Annexation has been received by the City of Burlington for annexation to the City of Burlington the  unincorporated territory described as:  At tract of land situate int the Southeast Quarter of Section 2, Township 9 South, Range 44 West, 6th Principal Meridian, U.S. Survey, and being more particularly described as Commencing at the Southeast Comer of said Section 2; Thence S 87°59'16" W along the southerly line of the Southeast Quarter of said Section 2 a distance of5 50.001 feet to ap point ont the westerly right-of-way ofU.S. Highway 385; Thence NO2040'00" W907.41 feet along Westerly right-of-way line tot the true point of beginning; Thence S 87020'00" West 50.00 feet; Thence N 02°40'00" W: 232.04 feet; Thence S 87°20'00" W5001 feet; Thence along a non-tangent curve turning to the left with a radius of 1079.51 feet; an arc length of 68.71 feet, a delta angle of 03°38'48", a chord bearing of N 05042'06" E, and a chord length of 68.70 feet to a point on the extension of the Southerly line of that tract of land desçribed in document filed for record as Reception No. 200800550712 of the Kit Carson County, Colorado Records; Thence N 87°20'00" East along said 540.00 feet to the Southeast corner of said tract and a point on the Westerly right-of- way of U.S. Highway 285; Thence S 02°40'00" East along said Westerly Right-of-way line a distance of 300.00 feet to the point of beginning. Containing 48,6175.F.0f1.116  follows:  Southerly line and the extension thereof a distance of  Acres  And to hereby be known as TA Travel Center Addition No. 1and to concurrently zone the area  as Highway Commercial use (c-2).  AND  A tract of land situate in the Southeast Quarter of Section 2, Township 9 South, Range 44 West, 6'h Principal Meridian, U.S. Survey, and being more particularly  described as follows:  Commencing at the Southeast Comer of said Section 2; Thence S 87°59" 16" W along the southerly line of the Southeast Quarter of said Section 2 a distance of 50.00 feet to a point on the westerly right-of-way of U.S. Highway 385 which is the true point  37    of beginning; Thence S 87°59'16" West 550.00 feet along said Southerly Line of the Southeast Quarter; Thence N0240'06" West 1133.16 feet; Thence N 87°20'00" East 500.00 feet; Thence S 02°40'00" East 232.04 feet; Thence N 87°20'00" East 50.00 feet tot the Westerly right-of-way line ofU.S. Highway 385; Thence S 02°40'00" East 907.41 feet along said Westerly right-of-way line to the point of beginning. Containing 613342 And to hereby be known as TA Travel Center Addition No. 2, and to concurrently zone  S.F.or14.080. Acres.  area as Highway Commercial use (C-2).  The proposed. annexations comply with the Section 30, Article Il of the State of Colorado Constitution and is eligible for annexation as described in Colorado Revised Statute Title 31, The Board of County Commissioners does in no way oppose said annexation.  Article 12, Section 104.  Signature-  Hornung, Chairman' E Stan Hitchcock, Commissioner  S4  Cory  38    ORDINANCE NO.989  AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURLINGTON ANNEXING PROPERTY KNOWN AS TA TRAVEL CENTER ADDITION, BURLINGTON, COTOTHE CITY OF BURLINGTON, COLORADO  WHEREAS, Resolution 2024-02, finding substantial compliance and initiating annexation proceedings, has therefore been adopted by the Council of the City of  Burlington; and  WHEREAS, the Council does hereby find and determine that it is in the best NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE  interests ofthe City to now annex said area to the City.  CITY OF BURLINGTON as follows:  SECTION 1. That the following described property, to wit:  SEE ATTACHED EXHIBIT. A  ABOVE-DESCRIBED LAND CONTAINING 1.01 ACRES, MORE OR LESS. Be, and hereby is, annexed to the City of Burlington and made part of said City. to be SECTION 2. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other service or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City or pre-annexation SECTION 3. That the City consents to said property being zoned C-2, Highway SECTION 4. That as provided in the City Charter, this Ordinance shall be published by the City Clerk after adoption. This Ordinance shall be in full force and effect 30 days after SECTION 5. That the City Clerk is hereby directed to record the Ordinance with the Kit Carson County Clerk and Recorderafteritse effective date in accordance with State Statutes.  known as TA Travel Center Addition, Burlington, CO.  agreement.  Commercial, in accordance with the City'szoning ordinance.  its publication, as provided in the City Charter Section 4-6.  39    PASSED. ADOPTED and ORDERED PUBLISHED this llth day of March  2024.  Greg Swiatkowski, Mayor  [SEAL] ATTEST:  Georgia Gilley. City Clerk  2  40    EXHIBITA  A tract of! land situate in the Southeast Quarter of Section 2. Township 9 South, Range 44 West. 6th Principal Meridian. U.S. Survey, and being more particularly described as Commencing at the Southeast Corner of said Section 2; Thence S 87°59'16" W along the southerly line ofthe Southeast Quarter ofs said Section 2 a distance of 50.00 feet to aj point on the westerly right-of-way ofU.S. Highway 385; Thence N 02°40'00" W 907.41 feet along Westerly right-of-way line to the true point of beginning; Thence S 87°2000" West 50.00 feet; Thence N 02°40'00" W 232.04 feet; Thence S 87020'00" W 500 feet; Thence along a non-tangent curve turning to the left with a radius of 1079.51 feet; an arc length of 68.71 feet, a delta angle of03-38'48", a chord bearing ofl N 05042'06" E. and a chord length of6 68.70 feet to aj point on the extension of the Southerly line of that tract of land described in document filed for record as Reception No. 200800550712 of the Kit Carson County, Colorado Records; Thence N 87°20'00" East along said Southerly line and the extension thereof a distance of 540.00 feet to the Southeast corner of said tract and a point on the Westerly right-of-way ofU.S. Highway 285; Thence S 02°40'00" East along said Westerly Right-of-way line a distance of 300.00 feet to the point of beginning. And to hereby by known as TA Travel Center Addition No. 1, and to concurrently zone  follows:  Containing 48,6175.F.of1.116 Acres area as Highway Commercial use (C-2).  AND  A tract of land situate in the Southeast Quarter of Section 2, Township 9 South, Range 44 West, 6th Principal Meridian, U.S. Survey, and being more particularly described as Commencing at the Southeast Corner of said Section 2; Thence S 87°59'16" W along the southerly line of the Southeast Quarter ofs said Section 2 a distance of 50.00 feet to a point on the westerly right-of-way ofU.S. Highway 385 which is the true point of beginning; Thence S 87°59'16" West 550.00 feet along said Southerly Line of the Southeast Quarter; Thence N 02°40'06" West 1133.16 feet; Thence N 87°20'00" East 500.00 feet; Thence S 02°40'00" East 232.04 feet; Thence N 87920'00" East 50.00 feet to the Westerly right-of-way line ofU.S. Highway 385; Thence S 02°40'00" East 907.41 feet along said  follows:  Westerly right-of-way line to the point of beginning. Containing 613342 S.F.or 14.080 Acres. area as Highway Commercial use (C-2).  And to hereby by known as TA Travel Center Addition No. 2, and to concurrently zone  3  41    STATE OF COLORADO ) County ofk Kit Carson City of Burlington  )ss. )  CLERK'S CERTIFICATE  That I, Georgia Gilley, the official City Clerk oft the City ofl Burlington. do by these presents, say that the foregoing Ordinance No. 989 was passed and adopted by the City Council of the City of Burlington on the Ilth day of March, 2024, and that the foregoing Ordinance is a true, correct and full copy oft the Ordinance as shown in Ordinance Book 13  of the records of the City of Burlington, Burlington, Colorado.  Dated this 11th day of March 2024.  Georgia Gilley, City Clerk  STATE OF COLORADO ) County ofKit Carson City of Burlington  )ss. CLERK'S CERTIFICATION OF PUBLICATION  )  That I, Georgia Gilley, the official City Clerk ofthe City ofBurlington, do by these presents, say that the foregoing Ordinance No. 989 and Clerk'sCertificate attached thereto was published in the Burlington Record, a weekly newspaper of general circulation in Burlington, Kit Carson County, Colorado, on March 14, 2024, and "ProofofF Publication"  is filed herewith.  Dated this 14th day of March 2024.  Georgia Gilley, City Clerk  4  42    CITY OF BURLINGTON BID TABULATION  2024 FERTILIZER, WEED CONTROL AND BAREGROUNDI BID  BIDS SPECIFICATIONS POSTED BID DUE DATE BID OPENING BIDS RECEIVED  1-Feb-24 1-Mar-24 1-Mar-24  1  FERTILIZER, WEED CONTROL TREATMENT SPRING/FALL APPLCATION APPLICATION  BAREGROUND SPRING  BIDDER  ADDRESS 61611th: Street, Burlington, CO 80807  TOTAL  LICENSURE YES  Burlington K-Lawn  $  12,899.50 $  6,053.43 $  18,952.93  43    RESOLUTIONZ 2024-04  A RESOLUTION AUTHORIZING THE CITY CLERK TO APPOINT ELECTION JUDGES AND CONDUCT A POLLING PLACE ELECTION FOR THE APRIL 2, 2024,  CITY OF BURLINGTON REGULAR MUNICIPAL ELECTION  WHEREAS. pursuant to C.R.S. $31-10-401 the City Council may either appoint election WHEREAS, the City Council desires to delegate the authority and responsibility to appoint WHEREAS, the City Council desires to conduct the next regular municipal election, which NOW THEREFORE, BE IT RESOLVED THAT, the City Council for the City of Burlington City Council delegates the authority and responsibility to appoint qualified election, judges for the April 2, 2024, regular city election to the City Clerk. As required by C.R.S. $31-10-401, the City Clerk shall make and file in her office a list ofa all persons SO appointed. The City of Burlington will conduct a paper ballot polling place election April 2, 2024. which the City Clerk shall conduct and supervise according to the municipal Election Code. PASSED and RESOLVED by the City Council of the City of Burlington, Kit Carson  judges or delegate that duty to the City Clerk; qualified election judges to the City Clerk;  shall take place on April 2, 2024 as paper ballot polling place election.  Burlington. Colorado affirms:  County, Colorado this 11th day of March 2024, at Burlington, Colorado.  CITY COUNCIL OF BURLINGTON  Greg Swiatkowski, Mayor  ATTEST  Georgia Gilley, City Clerk  44    STATE OF COLORADO ) County of Kit Carson  )ss. CLERK'S CERTIFICATE  )  That I.C Georgia Gilley, the official City Clerk ofthe City ofE Burlington, do by these presents say that the foregoing Resolution was authorized and adopted by the City Council of the City of  Burlington on the 11" day of March 2024. DATED this 11"h day of March 2024.  Georgia Gilley. City Clerk  [SEAL]  STATE OF COLORADO ) County of Kit Carson I,.  )ss. )  al Notary Public in and for the County ofKit Carson in the State  of Colorado, do hereby certify that Greg Swiatkowski, Mayor of the City of Burlington in the County of Kit Carson in the State of Colorado, who is personally known to me to be the person whose name is subscribed to the foregoing Resolution, appearing before me this day in person. acknowledged that he signed, executed, sealed and delivered the said instrument in writing as his free and voluntary act and deed as such Mayor and as the free and voluntary act of the City of Burlington in the County ofKit Carson in the State of Colorado, for the uses and purposes therein  set forth.  Given under my hand and notarial seal this 11"h day of March 2024.  [SEAL)  Notary Public  My Commission Expires:  45    RESOLUTION: 2024-03  STATE OF COLORADO ) County of Kit Carson  RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGTON IN THE COUNTY OF KIT CARSON, STATE OF COLORADO  )ss. )  A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGTON, KIT CARSON COUNTY, COLORADO OPPOSSING THE ENTRY, TRANSPORTATION, AND SETTLEMENT OF ILLEGAL MMIGRANTS AND UNDOCUMENTED PERSONS IN  BURLINGTON, COLORADO  WHEREAS, the federal government continues to fail to: secure our borders resulting in millions of immigrants entering the United States placing catastrophic stress on services such as hospitals. schools. housing. public safety services, and the criminal justice system in "sanctuary cities".  negatively impacting numerous communities across this country; and  WHEREAS, the City Council of the City of Burlington has determined that any person immigrating to the United States should do so in a legal manner, following all applicable laws; and WHEREAS, the continued arrival of undocumented persons and/or illegal immigrants to the City and County of Denver has led them to declare a state of emergency on December 151h. 2023 as  their resources were overwhelmed; and  WHEREAS, the overwhelming surge oft undocumented persons and illegal immigrants has led WHEREAS, the City of Burlington lacks the infrastructure and other resources necessary 10 accommodate any amount of undocumented persons and/or illegal immigrants including sheltering.  to the dispersion ofindividuals into rural areas of Colorado, and  healthcare, employment. transportation, or other services.  NOW' THEREFORE, BEI IT RESOLVEDTHAT, the City Council oft the City ofBurlington affirms remaining a Non-Sanctuary City and further asserts it will not spend taxpayer dollars on services related to this crisis. We call on the federal government to perform its constitutional duty and secure our nation'st border, thereby protecting all citizens from this unprecedented migration crisis. PASSED AND RESOLVED by the City Council of the City of Burlington, Kit Carson  County. Colorado, thisllth day of March 2024 at Burlington, Colorado.  CITY COUNCIL OF BURLINGTON  SIGNED  Greg Swiatkowski, Mayor  ATTEST  Georgia Gilley, Clerk  46    COLORADO SINCE 1888  March 11,2024  City Administrator's Summary Report  February 26 - March 11, 2024  Administration  Resolution 2024-03  AF Resolution of the City Council of the City of Burlington opposing the entry, transportation and Last year and continuing into this year, this country has experienced unprecedented illegal immigration especially along our Southern border. Many of these immigrants have been transported to Colorado by bus and dropped off primarilyi in defined sanctuary cities such as Denver. This migration has overwhelmed communities and placed catastrophic stress on services such as hospitals, schools, housing, publics safety, There has been muchi talk and speculation in our community about illegal immigrants and undocumented persons being dropped offi in Burlington, and that the prison is being opened to house these immigrants. To that end, this isj just rumor that should not be perpetuated. The City needs to take action to ensure the safety and welfare needs of our community are met. To that end, this resolution, although strictly ceremonial by nature is informing all that Burlington is not a sanctuary city, and we will not be spending taxpayer dollars on services related to this immigration crisis, as we lack the infrastructure and other resources necessary to accommodate any undocumented or illegal immigrants that include housing, sheltering of any kind, healthcare, employment opportunities, transportation or any other service.  settlement ofi illegal immigrants and undocumented persons in Burlington.  health departments and the criminal justice and judicial systems.  Burlington Housing Authority  The Burlington Housing Authority's fiscaly year begins. July 1a and ends. June 30th, each year. Currently, the Authority is working on the 2025 budget year, getting things finalized sO that we maintain overall fiscal health. To accomplish this, we are working with the accountant and the auditors. Our 2023 Audit is complete and under review this week, which will provide more insight into final budgetnumbers for2025.  Audit will bei filed with HUD once reviewed and: signed.  Comprehensive Planning  RICK Planning and Design is Burlington's Contractor in the development and implementation of our Comprehensive Plan. Al Kick-Off meeting between RICK and City Staff was held Wednesday, January 24". Discussion centered around the purpose ofac comprehensive plan, scheduling of plan development, scope ofworka and areas includedi ini the comprehensive plan, input from staff as to deliverable expectations was also discussed. The RICK team and Icontinue to meet via TEAMS weekly to discuss progress and process. Since the. January24thn meeting, a Steering Committee has beendeveloped, comphedolagoupdpope representing the different facets of our community. Also included in the Steering Committee are a  47    member of the council and representatives of the city in the different areas the comprehensive plan addresses. The Steering Committee did hold its first meeting on March 6th where plan purpose was discussed. as well as expectations of the plan. lwishi tot thank the members of the city's staff who attended this meeting and helped share important information with the RICK Team and the rest of the Steering Committee. The Steering Committee willl be meeting monthly fori the first few months to go over progress  and to schedule events. 2024 Street Project  On October 24th met with Basis Partners to begin planning work for 2024 Street Project that willi include:  Webster Avenue gth Street to Lincoln Street  Fay Street- - Lincoln Street East to Mike Lounge Drive (including Intersection) The following is the preliminary timeline for the 2024 Street Project: Preliminary design package to city forreview February 2, 2024  Frank Street Alley design  Site visit to assess total project Bid Package Deliverables Finalized Bid Specification Development Post with BidNet Direct Project Out to Bid Bid Due Bid Award Signed Contract due Start Date Concrete End Date- Concrete Start Date -A Asphalt End Date - Asphalt Begin Striping Finished striping Project Completion Final Payout to include retention Electric  October 24, 2023 February 9, 2024 February 26-29, 2024 March 08, 2024 March 08, 2024 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD  Completed Completed Completed Completed Completed Completed  On Tuesday, February 20+h, The Electric Department, Public Works Director and City Administrator met with Damien Berger, Electric Engineert for Atwell. The purpose oft the meeting was to putt this year'sproject ona timeline, identify when project needs to go out to bid and when to be competed. As a reminder, budgeted for 2024 in capital projects for1 the electric department is thei installation of newr reclosers at the light plant substation as well as upgrading the structure itself. The projected costs for this project were  $450,000. This project will strengthen and make more resilient our west loop.  48    Additionally, we planned for capital projects for the next 4y years to include in 20251 to put the South! Loop underground and to pulla additional circuits to the south that will assisti ini future growth oft the area as well as improve the existing infrastructure to strengthen and add reliability to the system. The cost will be determined during the engineering oft this project which willl be completed by the year end 2025. For 2026, the T1 transformer at the Main Sub-station will be replaced. This will be engineered in 2025 so that the transformer and all busing equipment can be ordered to have available for this project in 2026. Preliminary costs for this project is $2.5 million. 2027 will be a recovery year, and in 2028, the plan is to replace the T2 Transformer at the Main Sub-station at an estimated cost of $1.5 million. The existing T2 Transformer will be placed in back up mode to be utilized in times of need and in emergency situations. These projects will make our existing electrical grid more reliable and resilient as we face an aging Since the February 20th meeting, Atwell has been honing in on a timeline for the 2024 project. All components of this project have been ordered and are in production. Once a true delivery date is obtained, the project will be put out tol bid. Atwell is also engaged int the design work fori the 2025 project, placing the South Loop underground and placing an additional circuit on the South Loop.  infrastructure within our electric department.  Intergovernmental/Upcoming Events  Public Works Supervisory and Coordination Meeting - City Hal-Mond/s700AM. Management Team Meeting - In Person at Community Building- - Wednesdays 2:00P.M. Comprehensive Plan Meeting - Teams Meeting - Tuesdays 9:00 AM Council Meeting, February: 26, 2024, 6:30 PM, Room A Community and Education Center  Public Hearing - TA Travel Center Annexation Fertilizer, Weed Control and Bare Ground Treatment Bid Comprehensive Plan Steering Committee meeting  April10th, 3:30-5:30 Community: and Education May g"h, 3:30 - 5:30 Community and Education  Center Center  Burlington Housing Authority Board Meeting, March 12, 2024, 11:30 AM CML Executive Board Meeting - Friday, March 22nd. Denver  49