BURLINGTON CITY COUNCIL  REGULAR MEETING Community Center 340 S. 14th St., Room A February 26, 2024 6:30 p.m.  BGDS  SINCE 1888  Live public streaming available: at  itps/www.buringtoncolocomviruaalcouncimeting  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 Minutes of. January 15 meeting 6. Public comment (Comment is limited to 3 minutes.)  Hal McNerney Glen Marciniak  Adrian Hernandez Troy Schultz  Emergency matters coming before Council which may reyuire action may be added 101 the agenda.  7. Public hearing - Public hearing regarding annexation of property for Maverik Store #0476  8. Unfinished business = none 9. New business limits.  A. Consideration of Ordinance 987 to approve annexation of land known as Maverik Store #0476 into the city B. Discussion on the TA annexation and to approve Resolution 2024-02 to hold public hearing. C. Consideration of Ordinance 988 to set solid waste rates to reflect increase. D. Authorize city administrator to execute lease agreement with Colorado State Patrol via Docusign.  10. Reports from city departments Administrator - Jim Keehne Clerk - Georgia Gilley Public Works-N Mike Konecne Becky Castillo - Treasurer Daniel Melia - Airport  Rol Hudler - Economic Development ChiefNate Hill- Poliçe Department Nikki Wall- Old Town Tyson Weisshaar - Activities Nick McCarty-Daniels- - Library  11. Reports from Council 12. Adjournment    BURLINGTON CITY COUNCIL REGULAR MEETING MINUTES County of Kit Carson State of Colorado Burlington Community and Education Center 340 S. 14th St., Recreation Room February 12, 2024 6:30 p.m.  1. Call to order  Mayor Swiatkowski called the meeting to order at 6:30 p.m.  2. Pledge of Allegiance 3. Roll Call  Council members present: Greg Swiatkowski, Mayor Hal McNerney Council members absent: Paul Velasco, Mayor Pro Tem Glen Marciniak Staff/Officials present: Jim Keehne, Administrator Georgia Gilley, Clerk Mike Konecne - Public Works Others present: Deb Gutierrez 4. Review and. Approve Agenda  Adrian Hernandez Lana Mireles Troy Schultz  Ashley Gutierrez- - Utility Clerk Michael Grinnan - City Attorney  Motion by McNerney and second from Hernandez to approve the agenda.  Motion passed unanimously. Mireles: Aye Velasco: Absent Swiatkowski: Aye 5. Consent Agenda Items: A. January 29,2024 minutes Motion passed unanimously. Mireles: Aye Velasco: Absent Swiatkowski: Aye  McNerney: Aye Marciniak: Absent  Hernandez: Aye Schultz: Absent  Motion by McNerney and second from Mireles to approve the. January 29, 2024, minutes.  McNerney: Aye Marciniak: Absent  Hernandez: Aye Schultz: Absent  2    6. Public comment: None 7. Public hearings: None 8. Unfinished Business: None 9. New Business: hearing.  A. Consideration of annexation petition for property at 450 S. Lincoln St. and set for public An annexation petition was submitted on behalf of! Maverik. City Administrator Keehne indicated the petition requirements had been met and discussed the petition process. After discussion. Keehne asked Council to consider approving by resolution the eligibility ofthis parcel next to 450 B. Approve Resolution 2024-01, A RESOLUTIONI FINDING SUBSTANTIALCOMPLIANCE OF AN ANNEXATION PETITION FOR ANNEXATION TO THE CITY OF BURLINGTON, THE UNINCORPORATED TERRITORY KNOWN AS MAVERIK STORE #0476, AND THATTHE UNINCORPORATED TERRITORY IS ELIGIBLE FOR Motion by Mireles and second from Hernandez to approve Resolution 2024-01 to the set public hearing for the proposed annexation ofaj parcel ofl land next to 450 S. Lincoln St.  S. Linçoln St. to be set for a public hearing regarding annexation.  ANNEXATION, AND' TOS SET DATE OF PUBLIC! HEARING.  Motion passed unanimously. Mireles: Aye Velasco: Absent Swiatkowski: Aye  McNerney: Aye Marciniak: Absent  Hernandez: Aye Schultz: Absent  I Discuss annexation petition for property south of 605 S. Lincoln St.  Keehne reported that an annexation petition. has been submitted by a company fora TA truck stop. More information is requiredto fulfill the petition requirements. City administrator Keehne indicated that more information would be coming in this week and will hopefully have enough information at the next meeting to propose a resolution to set for public hearing. No action was  taken on this matter. 10. Reports from city departments Reports were in thej packets. 11. Reports from council  Mireles asked who decides which streets are being repaved. Keehne noted that BASIS Company helped define the streets most need of repaving. Emergency routes, school routes and heavily trafficked streets were defined as priorities at the beginning oft the Street Project. Mireles was approaçhed by Steve GraffofE Bomgaars and asked who owns the driveway going into Bomgaars at South Eighth Street. Graff was wondering who was supposed to be clearing snow. Public Works Director Mike Konecne will go talk to Graffabout the question.  3    12. Adjournment  Withamotion by McNerney, a second from Mireles, and a unanimous vote. the meetingadjourned  at 7:50 p.m.  Greg Swiatkowski, Mayor  ATTEST:  Georgia Gilley, City Clerk    Annexation Process = Maverick Store # 0476-E Burlington, Colorado  On February 6, 2024, David Pendleton, PE, Olsson Project Manager submitted a Petition For Annexation on behalf ofH& K, Inc (Petitioner), petitioning the City of Burlington for annexation to the City of  Burlington the unincorporated territory described as:  A tract of land located in the Northwest Quarter (NW1/4) of Section One (1), Township Nine (9) South, Range Forty-four (44) West of the Sixth Principal Meridian, Kit Carson County, Colorado, Commencing at the West Quarter Section corner of the above described Section One (1); Thence NO23'W. along the West line of said Section One (1), 475 feet; Thence East 100 feet to the intersection of the east right of way of Highway #385 with the North right of way line of Highway #I-70, which point being of I-70 Highway; Thence N 0°23' W., 50 feet to the true point of the beginning; Thence N 0°23'W., 628.75 feet; Thence NS 89°48'W., 701 feet to the point of beginning,  described as follows:  County of Kit Carson, State of Colorado.  And to hereby by known as Maverick Store #0476, 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, and C.R.S. The City Council shall hold a Public Hearing at 6:30P.M. on February 26, 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. AE Public Hearing will be held to hear testimony and receive evidence from property owners within the affected area (500 feet from property to annex boundary). Any other person may appear at the Public Hearing andj present evidence and testimony upon any matter considered by the City Council. All petitions and protests may bet filed in writing with the City Clerk'sOffice, 415 15th Street, Burlington, CO  31-12-104 complying with eligibility standards for annexation.  by February23, 2024.  Aftera public hearing, Council may vote to support or deny Petitioners Proposal.  Attached for your review are:  Letter from Olsson Project Manager Annexation Report 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 Building Permit Application Site Plan for Build Out  5    Section 30, Article IIS State of Colorado Constitution  (1) Nou unincorporated area may be annexed to a municipality unless one oft the 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 of such area signed by persons comprising more than fifty percent of the area, excluding public streets, and alleys (c) The area is entirely surrounded by or is solely owned by the annexing municipality.  conditions first has been met:  voting on the question have voted for the annexation: or and any 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 of the state constitution has been met. An area ise eligible for annexation ift the provisions of section 30 ofarticle Il oft 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 ofay platted street or alley, a public or private right of way, a public or private right of way, a public or private 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 naturai 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 area 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 thei following are shown to exist:  the annexation impact report.  (1) Less than! 50% of 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 ini the annexing municipality. If there are no adult residents at (II): 1/2 of more oft the land owners of the land ini the proposed area to be annexed (including Streets) is agricultural, and the landowners of such agricultural land, under  the time of the hearing, this standard shall not apply.    oath, express an intention to devote the land to such agricultural use for aj period of not (1I) 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  less than 5 years.  throughaq quasi-municipal corporation.  (2)(a) The contiguity required by paragraph (a) ofs subsection (1)o 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 its 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 or the annexing municipality, nor may such contiguity be established by use ofa any boundary of territory which is subsequently annexed directly to, or which 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 oft this article, any annexation which uses any boundary in violation oft this subsection (2) may be declared by a court of competent jurisdiction to be void (c) contiguity is hereby declared to be ai fundamental element in any annexation, and this subsection (2) shall not in any way be construed as having the effect of legitimizing in any way  annexations to, such an area.  ab initio in addition to other remedies which may be provided.  any noncontiguous annexation.  7    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 located in the Northwest Quarter (NW1/4) of Section One (1), Township Nine (9) South, Range Forty-four (44) West of the Sixth Principal Meridian, Kit Carson County, Colorado, Commencing at the West Quarter Section corner of the above described: Section One (1); Thence NO23'W. along the West line of said Section One (1), 475 feet; Thence East 100 feet to the intersection of the east right of way of Highway #385 with the North right of way line of Highway #-70, which point being of 1-70 Highway; Thence N 0'23' W., 50 feet to the true point of the beginning; Thence NO 0°23'W., 628.75 feet; Thence N 89°48'V W., 70f feet to the point of beginning,  described as follows:  County of Kit Carson, State of Colorado.  And to hereby be known as Maverick Store #0476, and to concurrently zone area as Highway  Commercial use (C-2).  The petition for annexation complies with Section 30, Article IIState of Colorado Constitution, and C.R.S. The City Council shall hold a Public Hearing at 6:30 P.M. on February 26, 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 protests may bei filed in writing  31-12-104 complying with eligibility standards for annexation.  with the City Clerk's Office, 41515"Street, Burlington, CO by February 23, 2024.    olsson  February 6th, 2024 City Hall 420S14h Street Burlington, CO 80807 Re: Maverik #0476 Annexation Application To Whom It May Concern:  Olsson, Inc. respectfully submits the enclosed Annexation Application for Maverik Store #0476, located near the northeast comer of the intersection between South Lincoln Street and 1-70. The enclosed application outlines the annexation of Parcel: 00561010944008 into the City of Burlington. The proposed development will comblne Parcel: 00561010944008 and Parcel: 00000045000032 into 1 Lot via Plat for a Maverik convenience store and the assoclated fueling canopies. The property Is currently occupied by Burlington Inn Motel. The property Is bordered by S Lincoln Street to the west, McDonalds to the north, The convenience store building will utlize a cultured stone veneer, skyllne, and county ledgestone base with 8 fiber cement board and batten siding. HVAC equipment associated with the structure will be contained on the roof and screened from view. The proposed building is approximately 5,951 SF. There will be various seasonal outdoor sales Items and a propane tank exchange along the front façade of the The fueling islands (and overhead canopy) on the west side oft the site will offert traditional passenger vehicle gasoline, diesel, and E-85 fuels. Thei fueling islands (ando overhead canopy) ont the south side will offer high flow diesel for trucks. Underground fuels storage tanks will be located at the southeast corner of the site. Theenclosed: sitel layout proposes tot face thel Maverik store entry tot the west with onef full movement: access toS.Lincoln! Street. Parking for thef facility will be accomplished with 49, parking stalls, of which three stails will be striped as ADA accessible, and eight stalls willl be for truck parking. This arrangement will promote adequate circulation for both delivery trucks and customers. The air pump will be located on the east side Itis anticipated the site will utilize the City of Burlington utilties for the electric, sanitary sewer, and water services while natural gas services will be provided by Black Hills energy. The storm water will be Finally, the landscaping plan will depict substantial greenery which will meet the city's requirements. Screening along the roadways reduces headlight spill and softens the edge of parking areas. Proposed tree plantings will be concentrated along the adjacent roadways which also adds tot the public benefit. We ask that you review our submittal aty your earliest convenience. We appreciate your time and thank youf fory your consideration. Please let us knowi ify youl have any further questions or ify you need any  agricultural land and Palmer park to the east, and I-70 to the south.  building.  oft the1 lot.  discharged to the existing drainage system just north of! 1-70.  additional Information concering our application.  9    Regards,  Dail ferdltm  David Pendleton, PE Olsson, Inc.  Attachments: Maverik #0476 Annexation Application  10    olsson  February 2nd, 2023 City Hall 420 $14" Street Burlington, CO 80807 Re: Maverik #0476 Annexation Application ToWhom It May Concem:  Olsson, Inc. respectfully submits the enclosed Annexation Application for Maverik Store #0476, located near the northeast corner of the intersection between South Lincoln Street and I-70. The enclosed application outlines the annexation of Parcel: 00561010944008 into the City of Burlington. The proposed development will combine Parcel: 00561010944008 and Parcel: 00000045000032 Into 1Lot via Plat for a Maverik convenlence store and the associated fueling canoples. The property is currently occupied by Burlington Inn Motel. The property is bordered by S Lincoln Street to the west, McDonalds to the north, The convenience store building wll utilize a cultured stone veneer, skyline, and county ledgestone base with a fiber cement board and batten siding. HVAC equipment associated with the structure will be contained on the roof and screened from view. The proposed building is approximately 5,951 SF. There willl be various seasonal outdoor sales items and a propane tank exchange along the front façade of the Thef fuelingi islands (and overhead canopy) on the west side oft the site will offer traditional passenger vehicle gasoline, diesel, and E-85f fuels. Thef fueling Islands (and overhead canopy) on the south side willo offer high flow diesel for trucks. Underground fuel storage tanks willl be located at the southeast corner of the site. The enclosed sitel layout proposes tot face the! Maverik store entry tot the west with onet full movement access to S. Lincoln Street. Parking for the facility will be accomplished with 49, parking stalls, of which three stalls will be striped as ADA accessible, and eight stalls will be for truck parking. This arrangement will promote adequate circulation for both delivery trucks and customers. The air pump will be located on the east side Itis anticipated the site will utilize the City of Burlington utllities for the electric, sanitary sewer, and water services while natural gas services will be provided by Black Hills energy. The storm water will be Finally, the landscaping plan will depict substantial greenery which will meet the city's requirements. Screening along the roadways reduces headlight splll and softens the edge of parking areas. Proposed tree plantings willl be concentrated along the adjacent roadways which also adds tot the public benefit. We ask that you review our submittal at) youre earliest convenience. We appreciate yourt time and thank yout for your consideration. Please let us knowi lfyoul have any further questions ori ify you need any  agriculturall land and Palmer park to the east, and 1-701 to the south.  building.  of the lot.  discharged to the existing drainage system just north ofl-70.  additional information conceming our application.  11    12    Regards,  Darl fendllot  David Pendleton, PE Olsson, Inc.  Attachments: Maverik #0476 Annexation Application  13    ANNEATION REPORT  MAVERIK #0476  LINCOLN STREET & 1-70 CITY OF BURLINGTON, CO  OwnerlApplicant: Maverik Inc. 1459 Grand Avenue Des Moines, IA 50309 Contact: Dan Garneau (515)457-6392 Prepared by: Olsson 1880 Fall River Drive, Suite 200 Loveland, CO 80538 Contact: David Pendleton, PE (970)461-7733 February 6, 2024  olsson  14    February 6, 2024  City of Burlington 420S14h Street Burlington, CO 80807 RE: Annexation Report Dear Sir or Madam:  The purpose of this report is to explain how the proposed annexation of Parce!: 00561010944008 (The Site), is consistent with the City of Burlington's plan for growth and delivery services. The site is located east of SL Lincoln Street, north of I-70, and west of Ben Street. The site is bordered by the Burlington Inn Motel on the west, Parmer Park on the south and southeast, and an open field on the north and northeast sides of the property. The request for this site being annexed into the City of Burlington is driven by the development oft the new! Maverik convenience store with fuel. Maverik will be purchasing this Site along with the lot where the existing Burlington Inn Motel is located. In existing conditions, The Site is a vacant commercial lot that consists ofa gravel road and sidewalk to access the back of the existing motel. The Site is bordered byl lots on the southeast, south, and west sides which are already within the city limits of Burlington. Ini future conditions, the two lots will be combined via plat in order to construct the proposed Maverik convenience store with fuel. This development will revitalize both lots while meeting all the requirements within the City of Burlington's Development Standards. The proposed Maverik convenience store with fuel will also provide transportation circulation throughout the site. With the annexation of The Site, no utilities will need to be extended and this development will also provide a quick and easy place to grab This proposed development will support sustainable economic viability within the community by providing an expansion of sales tax through increased commercial development, andi it will also provide jobs for the community. With the proposed development being located directly off! I-70, itis anticipated to increase the amount of traffic coming into Burlington which then will help the The proposed development will support sustainable environmental preservation in many ways. New landscaping including trees, shrubs, bushes, grasses, and other ground coverings will be installed around the outer limits of the site and within the site. With construction of the Maverik convenience store with fuel, the site will be regraded which will help remove some oft the existing drainage problems itcurrently has. Along with regrading the site, new water quality practices are anticipated throughout the site to improve stormwater runoff. This development will support a sustainable social framework within the community. The proposed Maverik convenience store with fuel will offer many different types ofl healthy foods, snacks, and beverages to the community. The site will include an area where you can sit outside, enjoy your snack, and have a good conversation with your family, friends, or maybe even someone you have never met before. Along with the outdoor seating area, the site will include overnight parking fort the truck drivers to get off the road when they are tired, helping them noti fall asleep behind the wheel. Not only will the overnight parking provide truck drivers a  snacks and beverages at while visiting Parmer Park.  other businesses located within Burlington grow.  15    safe place to rest, but they will give the drivers an opportunity to socialize with the other drivers  that have pulled off for the night.  Regards,  Dael ferdlloln  David Pendleton, PE Olsson, Inc.  Attachments: Maverik #0476 Annexation Application  16    :  0476 MAP 101 THE CIrY  olsson 0o soDe  17    9 e 9  -  98  /  #0476-BURLINGTON, CO RCAMSTRETAMESIAER AMNEXATIONSTEPLAN  MAVERIK  olsson  18    R o  9 /  98  0000  m 0476-BURLINGTON.CO URCAMSRETAMTEBSAEN AMMEKATIONSITEPIN  MAVERIK  olsson  19    Parcel Number 00000045000035 00000045000030 00000045000036 00000045000032 00561010944040 00000045000904 00000051003010 00000051003009 00000051003011 00000051003006 00000051004014 00561010944008 00000045000031 00000045000037 00000045000029 00000045000910 00000044000005 00000044000021 00000044000007  Address 11 COTTONWOOD DRIVE, COLBY, KS 67701 755 14THS STREEY, BURLINGTON, CO 80807 PO BOX 36, BURLINGTON, CO 80807 11000E YALE AVE #155, AURORA, CO 80014 433117HSTREET, BURLINGION, CO 80807 415 15"H STREET, BURLINGTON, CO 80807 410 JUDY STREET, BURLINGTON, CO 80807 4605 ANGELICA DRIVE, JOHNSTOWN, CO 80534 462 JUDY STREET, BURLINGTON, CO 80807 POBOX3 334, BURLINGTON, CO 80807 390. JUDYSTREET, BURLINGTON, CO 80807 11000E VALE AVE #155, AURORA, CO 80014 11 COTTONWOOD DRIVE, COLBY, KS 67701 PO BOX 461, AKRON, CO 80720 133 CHIANTI PLACE, PLEASANT HILL, CA94523 POBOX3 36, BURLINGION, CO 80807 BOISE, ID 83706 405SUNCOUNSTREET, BURLINGTON, CO 80807 HOUSTON, TX77057  Owner  S&SCOLORADO CORP INCO DBA MCDONALDS HINES ROBERT W & GINAG DRAMA541 LLC H&KINC STANDLEYJUDY ELLEN CITY OF BURLINGTON SCHAAL RUBENTJR & LINDA RAE SILKMAN IRMAI LUCILLE TRUST BARNES JASON W DC8 & AMY N DORMAN TIMOTHY E& SUSAN M WINFREY NOEL E& BETTYI H&KINC  JACKSON FAMILYTRUST JOSEPH DON JACKSON TRUSTEE LSC CAPITAL LLC DODD FAMILY REVOCABLE TRUST, THE City of Burlington SUNS SAILLC  250 PARKCENTERE BOULEVARD, SAFEWAY INC  6300 RICHMOND AVENUE #300, TEXASCSTORES INC  20    Stantec  Potential Moverik Acquislion-4 450 South Lincoln Street, Burlington, CO, Phoselfnvronmental Site Assessment  August 17, 2023  Prepared for: Maverik, Inc. 185 South State Street, Suite 800 Salt Lake City, Utah 84111 Prepared by:  Stantec Consulting Services Inc. 2890 East Cottonwood Parkway, Suite 300 Sall! Lake City, UT84121  Stantec Project No.: 203723338  21    Sign-off Sheet and Signatures of Environmental Professionals  This document entitled Potential Maverlk Acquisition - 450 South Lincoln Street, Burlington, CO, Phasel Environmental Site Assessment (Report) was prepared by Stantec Consulting Services Inc. ("Stantec") for the account of Client Name (the' "Client"). The conclusions in the Report are Stantec's professional opinion, as of thet time oft the Report, and conceming the scope described in the Report. The opinions in the document are based on conditions and information existing at the time the scope of work was conducted and do not take into account any subsequent changes. The Report relates solelyt to the specific project for which Stantec was retained andt the stated purpose for whicht the Report was prepared. The Report is not to be used or relied on for any variation or extension oft the project, or for any other project or purpose, and any unauthorized use or Stantec has assumed: alli information received from the' "Client" and third parties int the preparation oft the Report tol be correct. While Stantec has exercised a customary level ofj judgment or due diligence in the use ofs suchi information, Stantec assumes noi responsibilkty for the consequences of any error or omission This Report is Intended solely for use by the Client in accordance with Stantec's contract withi the Client. Whie the Report may be provided to applicable authorities having jurisdiction and others for whom the Client is responsible, Stantec does not warrant thes services to any third party. The report may not ber relied upont by any other parly without the express written consent of Stantec, which may be withheld at Stantec's discretion.  rellance is at the reciplent's own risk.  contalned therein.  Author:. A Shawnalee Voyles Environmental Sclentist  phe  declare that, tot the! best ofr my professional knowledge and belief, Imeet the definition of Environmental Professional as defined in $ 312.10 of Title 400 of the Code ofl Federal Regulations, Part312, (40 CFR312). have the specific qualifications based on education, training, ande experience to assess a property of the nature, history, and setting of the property. Ihave developed and performed all the appropriate inquiries in  conformance with the standards and practices set forthi in 400 CFRI Part 312.  Quality Reviewer:, RB-A  Russell Hamblin, P.G. Senlor Principal Environmental Professional  Independent Reviewer:_ Rackdla Megnes  Rachel Van Moeteren Technical Writer  22    POTENTIAL MAVERIK. ACQUISITION-4 450SOUTHLINCOLN STREET, BURLINGTON, co, PHASE!  ENVIRONMENTAL SITE ASSESSMENT Executlve Summary  1.0  EXECUTIVE SUMMARY  Stantec Consulting Services Inc. (Stantec) has completed al Phase B Environmental Site Assessment (ESA) report oft the property located at 450S. Linçoln SL, Burlington, CO (the' Subject Property"). on behalf of Maverik, Inc (the "Client"). The work was performed according to Stantec's proposal and terms and conditions dated. July 18, 2023, and accepted byt the Client on. July 18, 2023. Maverik, Inc (the "User") has been designated ast the User of this report. Thei intended use of this Phase ESA is for due The Phasel IESA was conducted in conformance with the requirements of ASTM International (ASTM) Designation E1527-21, and All Appropriate Inquiry (AAI) as defined by the United States Environmental Protection Agency (EPA) in Title 40 of the Code of Federal Regulations, Part: 312 (40 CFR312), except as may! have been modified by thes scope of work, and terms and conditions, requested by the Client. Any exceptions to, or deletions from, the ASTM or AAI practice are described in Section2.3, The Subject Property consists of approximately 4.2 acres ofl land developed with at two-story motel. The Subject Property is owned by H& K, Inc., and is occupied by Burlington Inn Motel. Adjaining properties, as well as the nearby area, uses include commercial. A Subject Property Location Mapi is provided as Figure 1. A Subject Property' Vicinity Map illustrating the main features of the Subject Property and vicinity is provided as Figure 2. Photographs taken during the site reconnaissance visit are provided in Appendix  diligence in support of acquisition for development.  A.  Thef following items of note werei identified during this ESA:  Past agricultural use has beeni dentified during the review of historical aerial photographs of the Subject Property. There is potential for agricultural chemicals such as pesticides, herbicides, or fertilizers are present in the soll. The Subject Property was used for agricultural purposes from before 1953 until approximately the mid-1960s. The building that is currently on the Subject Property was built in 1972. Due to the development of the Subject Property in the 1970s and the amount oft time that has passed sincei it Due to the age of the building on the Subject Property (built in 1972) andt the poor condition of suspect asbestos-containing: materials (ACMs), therei is ar risk of exposure to asbestos on the Subject Property. It is recommended that suspect. ACMs bet testedi in a certified laboratory for asbestos and that ACMs found Painted surfaces on the Subject Property were found inp poor condition. Due to the age of the subject building. there is a risk of exposure to lead-based paint (LBP). Iti is recommended that painted surfaces be tested for LBP andt that LBP found tol be present are disposed of according to state or local  was used for agricultural purposes, thisi is not considered ai REC.  to be present are disposed of according to state orl local regulations.  regulations.  1.1  23    POTENTIAL MAVERIK ACQUISITION- - 450 SOUTHL LINCOLN: STREET, BURLINGTON, Co, PHASEI  ENVIRONMENTAL SITE ASSESSMENT Executive Summary  Wel have performed al Phase IESA in conformance with the scope and limitations of ASTM Practice E1527-21 of 450 SI Lincoln Street, Burlington, CO, or the "Subject Property. Any exceptions to, or deletions from, this practice are described in Section 2.3 of this report. This assessment has revealed no recognized environmental conditions (RECs). Controlled RECS (CRECs), or significant data gapsi in connection witht the Subject Property. No further investigation appears to be warranted at this time.  Information regarding our findings is detailed in the following table:  1.2  24    POTENTIAL MAVERIK, ACQUISITION- - 450 SOUTH LINCOLN STREET, BURLINGTON, Co, PHASEI  ENVIRONMENTAL SITE ASSESSMENT Executlve Summary  ASTM REC Scope Description Condition  Further De Action Minlmis REC REC Condition No No No No No No No No No No No Yes  Controlled Historical Non-  Report Section User-Provided 3.0 Information Database Findinge, 4.2.1 Sub)ect Property Database Findings, Adjolning 4.2.2 Properties Historical 44 Records Revlew 5.3 Hazerdous Substances and Petroleum Products 5.4 Interlor Observations 5.5 Exterior Observations 5.6 Underground Storage Tanks/Structures 5.7 Aboveground Storage Tanks 5.8 Adjoining Propertles 6.0 Interviews 8.0 Non-Scope Considerations  Suspect Asbestos and LBP on Subject Property  The preceding summary isi intended for informational purposes only. Reading of the full body of this report  is recommended.  13  25    January 4+,2024  City of Burlington 415 15th Street Burlington, CO 80807 Dear Sir or Madam:  RE: Wetlands Reconnaissance Report  Based on conversations with the City of Burlington and the U.S. Fish and Wildlife Service- National Wetlands Inventory, there are no wetlands located on this site. Reference the U.S Fish and Wildlife Service - National Wetlands Inventory below for mapping of this site. If you have any questions or comments, please feel free to reach out to me at (970)635-3745.  Sincerely,  Durd ferdlato David Pendleton, PE Olsson Project Manager  olsson  26    27    ANNEXATION APPLIÇATION: 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 byt the City Council as part of the Pre-annexation Agreement. K 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 included in the area proposed to be annexed, exclusive of streets and alleys. The required format and content of 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 M B. An Annexation Map (four copies): The Annexation Map shall be prepared according to the standards in Colorado Revised Statutes (C.R.S.31-12-107 as amended from time to time, and: shall comply with 1. Allmaps must bear suitable evidence of thep professional qualificationsofthe) person or firm who prepared the map. All required documents containing land survey descriptions shall be certified! bya a 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. Ifa a monument is to be set as a result ofa 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. Ar monument key that shows existing monuments int the form of those monuments found and those set, 4. Section corner1 tie.. Aminimum of two (2): section corners, quarter cornersord otherrelevant: 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 notarials seals shall be contained within: said marginallines, except that the title shall be notedi in the upper andl lower right corners, outside the margin, for City filing purposes. 6. In case of three or more: sheets, a key map showing the relationship ofi 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 to time; and the actual perimeter boundary distance oft the area sought to! be annexed, andacalculatione of the ratiol between the contiguous boundary and the total perimeter boundary in order to establish the 1/6" contiguity requirement as defined by  ont the petition is validi if dated more than 180 days prior to the date of filing the petition.  the following:  Colorado Professional Land Surveyor.  position.  orar note at each monument detailing this information is acceptable.  are required for annexation maps.  C.R.S31-12-104.  28    7. Each map shalll be drawni in black, waterproof ink on mylar of good quality.  Thel basis of bearings usedi in thel legal description. 9. Thep proposed name of the annexation.  10. Asubtitle describing the origin of the proposed annexation.  11. Date ofp preparation.  12. Each sheet shall: show the title, northa arrow, scale (minimum 1"-100), bar graph, ands sheet number. 13. Show relationship to adjacent areas using fine dashed lines toi include complete legal description (lot and block numbers, outiot and tract names and annexation/subdiwsion 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 types for annexation boundaries, street right-of-wayl lines and existing lot lines shall be bolda ands solid.  County"), including land across adjacent rights-of-ways.  boundaryl 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 depicted in a manner that gives notice to the existence thereof, together with an appropriate descriptivel label whichi includes the words' "boundary not determined." " The appliçant shall include the name and address of the owner of eachs 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 sucha agreements shalll be recorded prior tor recording of the annexation map, and the agreed upon boundaries shalll be indicated on the annexation map. 18. Location and dimensions ofa alle existing recorded rights-of ways showing thec centerline ofe each right-of-way 19. Location and dimensions for alll lines, angles and curves used to describe boundaries, rights-of-way, and easements to be reserved for public use, if required to bes shown on the map byt the City. Sufficient data shall be shown to readily determine the bearing and length of everyb 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  andi the right-of-way width on each side of centerline.  addition, non-tangent curves shalli include a chord bearing and distance.  29    20. All distances shall be set forth to the nearest hundredth ofaf foot and bearings to the nearest second.  21. All tracts and outlots shalls show net acreage to the nearest square foot.  22. Street names, including prefixes and suffixes, shall be noted. Names shall be subject to approvai by the  City, Fire, and Police Departments.  23. Limits of 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 bei included in the legal description 25. Other relevant documentation as determined by City Administration. Other information may be required byA Administrator tor 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 formacknowledgments, 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 mapi and offering for dedication all parcels of land shown ont ther mapa andi intendedi for public use, except those parcels other thans streets which arei intended for the exclusive use of the lot owners in a subdivision of the property contained within the boundaries  and dediçation statement.  int therealp property records of Kit Carson County."  of the annexation map, including theirl licenses, visitors, tenants and servants. Completed Annexation Information Sheet (Attachment B).  M C.  NA D. Annexation Impact Report. This report is not required for annexations of ten acres or less or when the Citya and thel 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 of1 those services andf facilities to accommodate the development proposed fort thep property being annexed. Thei impactreport shall be adequate in! length to fully explain the need, concepts and proposed solution  fort those services impacted:  . A map or maps of the municipality and adjacent territory to show the following:  The present and proposed boundaries of the municipality in the vicinity of the proposed annexation; The present streets, major trunk 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 in the area tol be annexed.  30    2. A draft copy of any pre-annexation agreement. If 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 be in place (signed by all parties other than the City) 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 behaif of the municipality at the time of annexation (thisi information must be obtained from City departments responsible forproviding municipal services, including the Police Department, Water and Sewer Department, Electric Department, Streets 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 onf first reading.  Department, and Parks Department).  Department, Electric Department, Streets Department, and Parks Department). 5. - Astatement identifying the existing districts within the area to be annexed.  Astatement 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 upont the existingtransportation. system and proposals tor mitigate any negative impacts upon the community, including but not limited to: arterial and collector street improvements, intersection improvements, intersection signalization, alternative modes of transportation: sucha as public transit, bikeways, pedestrian walkways and trails, etc. Astatement to the effect of annexation andj proposed development ont the existing drainage system and proposals to mitigate negative drainage impacts on the community, including but not limited to: historic rainfallo drainage patterns, detemtonamndretentionaras, storm: sewerrequirements, dischargedirigation 9. Astatement to the effect of annexation and proposed development on the City Police Department and proposals tor mitigate anyi impact upone existing police services, includingbutr not limitedto.spechalsecunty 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 of 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.  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.  31    K E. An ownership and Encumbrance report from at title company and al letter from an attorney certifying that thel landowner and lienholder signature blocks on the map are correct. This report must be current as of the date of filing the petition. The applicant shall provide an updated report within (15) days of the City Council public K F. Three (3) copies of an Environmentally Sensitive Areas Report. The report musti identify the presence of anyenvironmentaly: sensitive areas and describe conditonsofanneration: proposed to avoid orr mitigate potential impacts on such areas. Environmentally sensitive areas include by definition, irrigationo canals 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 forl landfill operations or hazardous material use, fault areas, aquifer recharge and discharge areas, - G. Four (4) copies ofas site plan atas scale notl less than 1"= 200' of 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 ands structures, ifa any, including any: stormwater or sewer treatment facilities; 3. Location and dimensions ofa all other physical features within and adjacent to the tract to be annexed; 4. Contours of the City datum at vertical intervals of not more1 thant five feet where the: slopei is greater than 5. Locationa andp principle dimensions ofa alle existings streets, alleys, easements, lot lines, access points toy public 7. Use of property and outline of any existing deed restrictions, including building setbacks and minimum  hearing on the annexation ordinance.  and other areas possessing environmental characteristics similar to thosel listed.  following information:  2. Power pole and buried cable locations;  10% and not more than two feet where the slope is 10% or less;  ways, and areas reserved for public use; Complete street names; yard dimensions; 9. Sidewalk location and width; 10. Provisions for sewage disposal; 11. Provisions for water supply; 12. Openi irrigation canals and ditches; 13. Location of all easements;  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 and 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 to inundation by stormwater;  K H. Four (4) copies of the following: completed Planning Process Application form (Attachment C); vicinity 6I The annexation mapping data, ac complete project description, and legal description must be submittedi in  map(8Kx11");, the annexation map; andt the site plan.  digitalform,  32    -  $500.00 filing fee, plus $25.00 per acre on gross areal being annexed.  - K. One (1)11"x17" photo reduction of the mapa andt thes site plan. A 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.  The annexation map submittal checklist completed by the applicant and containing the initials of the  appropriate Cityr representative for alli items waived.  K M. Wetlands Reconnaissance Report prepared by 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 M N. Acomplete application to zone the property being annexed in accordance witht the City of Burlington submittal requirements for conventional zoning applications. An additional filing fee is required for the zoning NA 0. Four (4) copies ofa any annexation agreement proposed byt the petitioner. This agreement would set forth any proposed conditions ofa annexation in addition to those set forthi int the Petition for Annexation (Attachment A). Examples ofs such conditions would be provisions to protect environmentally sensitive areas and EP. One (1) copy of a list of mailing addresses of all owners of record of; (i) the property proposed for annexation and (i) all real property located within! 5001 feet of the propertytol be annexed, excluding publicrights- K Q. Twop)copledlaPhaselinirommentaleportg prepared byac qualified specialiste examiningt thep 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 NA R. Ift the annexation application is accompanied by a specific development proposal, such as a preliminary development plan, two (2) copies ofa af fiscali impact report prepared byac qualified person predicting the net fiscal  must be depicted ont the site plan required underi item G above.  portion of the application.  requirements to dedicate rights-of-way or easements.  of-way. Thisi information can be obtained from the County Assessor's Office.  ESA.  impact on the City from the development proposal.  Two (2) copies of a report prepared by a qualified person describing in sufficient detall information that thea applicant wants tol havet 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  report must address thet 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 specifiçally ywhen:  33    Ther resulting development pattern isi ini immediate proximity to the Cityl landscape and facilitates  a concentric growth pattern:  Objectives  Central service delivery where the provisions of utilities, refuse, police and parks raise Utilitye efficiencies of scale where extension ofl linesi in more concentrated, growthareasis Transportation connectivity where possibilities for extended street grids and major Logicalgrowth pattern where there exists the ability to create logalepansonofcurent  serviçe levels for new area annexed; moree economicallyt feasible; collector roadways are enhanced; Compatible land use exists with City land use needs; uses meeting current development standards.  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 coste effectively with denser development; Incentives for new business/jobs where added opportunities for retail and industrial space provide fori increased commerce; Increased developmento opportunity where economic prospects are enhançed witha 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 spraw!, where control of area brought within municipal boundaries may Water qualityi is preserved where controld of water, wastewater, and storm water protects Reducei impact off fringe areas where expansion of City limits allows controlofa area on the  help mitigate sprawl; Central sanitary services required; water quality;  border of the municipal boundary.  34    d. Its supports a sustainable 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 ofs services with more users sharing the capital costs; Undeveloped, ground is easier to plan future development than areas already built; As available resources grow the opportunity to partner with other entitiesincreases.  opportunities to vote on city issues; provided tot those on thei fringe areas; unified political voice;  35    ATTACHMENTA  PETITION FOR ANNEXATION  The undersigned, in accordance with Article 12, Chapter 31, C.R.S., as amended, hereby petition the City Council of the City of Burlington, Colorado, for annexation to the City of Burlington the unincorporatedi territory more particularly described below, tot bel known as Parcel: 00561010944008(The (1) It is desirable and necessary that the following described territory be annexed by the City of Atract of land located in the Northwest Quarter (NW1/4) of Section One (1), Township Nine (9) South, Range Forty-four (44) West of the Sixth Principal Meridian, Kit Carson County, Colorado, described as Commencing at the West Quarter Section corner of the above described Section One (1); Thence NO 0'23' W.a along the West line of said Section One (1) ), 475 feet; Thence East 100 feet to thei intersection of the east right of way of Highway #385 with the North right of way line of Highway #1-70, which point being identified withar right of way marker; Thence S78'30'30" E., 255.461 feet along said! North right of wayl line of 1-70 Highway; Thence N 0'23' W., 501 feet to the true point of beginning; Thence N 0'23' W., 628.75 feet; Thence N 89*4 49' E., 701 feet; Thence: $0'23'E., 628.75 feet; Thence $89*49'W., 701 feet to the point (2) Not less than one-sixth (1/6) oft the perimeter of the area proposed to be annexed is contiguous (3) A community of interest exists between the territory proposed to be annexed and the City of (4) The territory proposed to be annexedi is urban or will be urbanized in the nearf future; (5) Thet territory proposed to be annexed isi integrated or is capable of beingi integrated witht the City (6) The signatures on the Petition comprise the landowners of more than! 50 percent of thet territory included int the areal proposed to be annexed, exclusive of streets and alleys, ands said landowners attestingt to facts and agree that the conditions herein contained will negate the necessity ofany  Site) and in support of said Petition, the petitioners allege that:  Burlington, Colorado;  follows:  of beginning, County of Kit Carson, State of Colorado. with the City of Burlington, Colorado; Burlington, Colorado;  of Burlington; Colorado;  annexation election;  36    (7) No land held ini identical ownership, whether consisting of one tract or parcelofreal estate or two  or more contiguous tracts or parcels of reale estate:  a. Isdivided into separate parts or parcels without the written consent oft thel landowner or landowners thereof, unless such tracts or parcels are separated by a dedicated 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) for ad valorem tax purposes for the year preceding annexation, is included within the territory proposed to be annexed without written  street, road or other public way;  consent oft thel landowner or landowners.  (8) No part of the area proposed to be annexed is more than three miles from a point on the municipalboundary, as such was established more than one year before this annexation willt take The Sitei is currently bordered by Parcel: 00000045000032 on the west and Parcel: 000000450009100n the south and southeast sides. Both parcels are within the city limits of Burlington. Parcel: 00561010944040 is along the north and northeast sides of The Site. This parcel is not within the city (9) The area proposed to be annexed comprises: (more than 10 acres and an impact report as provided for in 31-12-105.5 CRS, as amended, is required), (less that ten acres and an impact The Site whichi is being proposed to be annexed intot the City of Burlington is approximately 1.01 acres. (10) Thea area proposed tol be annexedi isl located within Kit Carson County, the RE-6/Burlington: School District, The Burlington Fire Protection District, Plains Ground Water, Republican River Water Conservation District, Kit Carson County Health District, Fairview Cemetery District andi no others: (11) The mailing address of each signer, thel legal description of the land owned by each signor and (12) Accompanying this Petition arei four (4) prints of the annexation map containing thei information required by State Statute as well as under Section 1B. of the City of Burlington Annexation  place;  limits of Burlington.  report as provided for in 31-12-105.5 CRS, is not required). Since this areai is less than 10 acres, an impact report is not required.  the date of signing ofeach signature are all shown on this petition;  Requirements.  37    (13) The territory to be annexed is not presently a part of anyi incorporated city, city and county, or (14) The undersigned agree to the following conditions, which shall be covenants running with the land, and which shall, at the option of the City, appear on the annexation map:  town;  a. Water rights shall be provided at the discretion of City Council andi in conformance with b. The undersigned hereby waive any and all "vested rights" previously created pursuant to The undersigned and the City may enter into a Pre-Annexation Agreement prior to the effective date of this annexation, which agreement shall be additional conditions as d. Any development within the annexed territory shall comply with the City of Burlington  the City Charter.  24-68-103, CRS, as amended;  effectively asi ifs set forthi int this Petition; and  Municipal Code.  (15) Petitioner represents that: (check one) approved by Kit Carson County, Colorado.  No part of the property to be annexed isi included within any sites specific development plan  As site specific development plan has! been approved by Kit Carson County, Colorado.  EXECUTED this  day of  (year)  38    Corporation  Corporation name: H&KI Inc.  ex7 / Title: OVNR Street Address: 11000E. Vale Avenue, City, State Zip: Aurora, CO8 80014  Suite #204  Secretary STATEOF ) Countyof )  )ss  The foregoing Instrument was acknowledged before me this ISt dayof Eclasaryimomn).: 202-4 (year), by Dans SK Km as President, andl by  MIA  as Secretary of HELU Le  (corporation name),a_ Coloisdo corporation.  WITNESS my hand and official seal. My commission expires (  STATE HOTAA) COMMSSIO  -   Notary Public  39    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 alli information requested for the Annexation packet.  NAME OF ADDITION: Parcel: 00561010944008 (The Site)  LEGAL DESCRIPTION:  A tract of land located in the Northwest Quarter (NW1/4) of Section One (1), Township Nine (9) South, Range Forty-four (44) West of the Sixth Principal Meridian, Kit Carson County, Colorado, described as Commencing at the West Quarter Section corner of the above described Section One (1); Thence NO'23' W. along the West line of said Section One (1),475 feet; Thence East 100f feet to the intersection of the east right of way of Highway #385 with the North right of way line of Highway #1-70, which point being identified with ar right of way marker; Thences78'3030"7 E.,255.46 feet along said North right of way line of 1-70 Highway; Thence N 0'23' W., 50 feet to the true point of beginning; Thence N 0*23' W., 628.75 feet; Thence N8 89"4 49'E., 70 feet; Thence S0'23'E., 628.75 feet; Thence 58 89"49'W., 701 feet to the point  follows:  of beginning, County of Kit Carson, State of Colorado.  ZONING:  West: C-2 Commercial, this lot consists of the existing Burlington Inn Motel North & Northeast: NA - This lot is not within the city! limits. Per Kit Carson County Assessor Map, this parce! is classified as Dry Farmland- - Agricultural South & Southeast: I-1, this lot consists of Palmer Park.  A tract of land located in the Northwest Quarter (NW1/4) of Section One (1), Township Nine (9) South, Range Forty-four (44) West of the Sixth Principal Meridian, Kit Carson County, Colorado, described as Commencing at the West Quarter Section corner of the above described Section One (1); Thence NO*23' W. along the West line of said Section One (1), 475 feet; Thence East 100 feet to thei intersection of the east right of way of Highway #385 with the North right of wayl line of Highway #1-70, which point being identified withar right of wayr marker; Thence! $78'30'30" E., 255.461 feet alongs said North right of wayl line of1-70 Highway; Thence N 0*23' W., 50 feet to the true point of beginning; Thence NO 0'23' W., 628.75 feet; Thence N89* 49' E., 701 feet; Thence S0'23'E., 628.75 feet; Thence S 89-49" W., 70 feet to the point  follows:  ofbeginning, County of Kit Carson, State of Colorado.  40    BREIF DESCRIPTION OF LOCATION OFI PROPOSED ANNEXATION:  The sitei is located east of SL Lincoln Street, north ofl I-70, andj just west of Ben Street. The: site is bordered byt the Burlington Inn Hotel ont the west, Parmer Park on the south and southeast, and an open field on IMPACTA REPORT: Since the area proposed to be annexedi into the City of Burlington is less than 10 DISTRICTS: Thea area proposed to be annexedi is! located within Kit Carson County, the R-6 School District, Burlington Conservation District, Commissioner: 1 District, Burlington Firel Protection District, Kit Carson County Health District, City of Burlington' Water, City of Burlington Sanitary, Black Hills Energy, PRE-ANNEXATION, AGREEMENT: The petitioners may enteri into al Pre-Annexation. Agreement priort to the effective date of this annexation, which agreement shall constitute additional conditions as NAMES OF CORPORATE OWNERS, THEIR ADDRESSES, ANDI NAMES OF PERSONS WHO WILLE BE  the north and northeast sides of thej property. acres, the Impact Report is not required.  Burlington Cemetery District, Plains Water District  effectively as of set forth Int thei Petition for Annexation. SIGNING THE PETITIONI FOR ANNEXATION:  Corporation Name: Address:  Corporation Name: Address:  Person Signing &1 Titlei W Person Attesting & TtePs  Person Signing & Title: Person Attesting & Title:  CWNER Pumeger  VESTED PROPERTY RIGHTS: NA-P Property has no vested rights.  41    DATES:  Deadline for filing signed annexation packet in City Clerk's Office: Resolution setting public hearing; ordinances on firstreading at City Council:  Planning Commission Hearing:  City Council public hearing: ordinances on first reading:  42    Attachmentc  PLANNING PROCESS APPLICATION FACTS SHEET  Applicant Name(s): Dong Sikk Kim Mailing Address: 11000E.Y Yale Avenue, Suite #204 City: Aurora State:! CO Phone: (303)517-1466 Fax: E-Mail: 11000R2donemail.con Summary of Request:  Zip: 80014  H&KI Inc. ist formally requesting to annex Parcel: 00561010944008 into the City of Burlington, Colorado.  Disclosure of Ownership: (Please provide one oft the following)  Assessor Parcel Info Mortgage Deed Legal Description: follows:  Judgements Liens Contract  Easement Agreement Other Agreements  A tract of land located in the Northwest Quarter (NW1/4) of Section One (1), Township Nine (9) South, Range Forty-four (44) West of the Sixth Principal Meridian, Kit Carson County, Colorado, described as Commencing at the West Quarter Section corner of the above described Section One (1); Thence NO*23 W. along the West line of said Section One (1), 475 feet; Thence East 100 feet to thei intersection oft the east right of way of Highway #385 with the North right of way line of Highway #1-70, which point being identified with a right of wayr marker; Thence $78'30'30"1 E., 255.46 feet along said North right of wayl line of 1-70 Highway; Thence N 0'23' W., 50 feet to the true point of beginning; Thence N 0'23' W., 628.75 feet; Thence N8 89" 49' E., 701 feet; Thence $0'23' E., 628.75 feet; Thence S 89*49'W., 701 feet tot the point  of beginning, County of Kit Carson, State of Colorado.  43    Attachments:  K Vicinity Map(8.5"x11") K Written Narratve/Description of Proposal  E Names, Addresses and Map of Adjoining Property Owners (from Assessor'sOffice)  NA Vested Property Rights  NA Letter/Power ofA Attomey from Owner (If not Applicants)  K Site Plan (11"x17")tos scale, includes dimensions and locations of all structures, parking spaces and access, snow storage, landscaping, live cover, utilityl lines, road/street names, land uses of adjacent properties, setbacks, include table for all dimensional requirements.  SUBMITI FOUR (4) COMPLETE COPPIES OF APPLICATION. AND ATTACHMENTS TO CITY OF BURUNGTON PLANNING AND: ZONING COMMISSION, CIY HALL, 41515"STREET, BURLINGTON, co 80807  Signature(s) 22.7  Date_ 2/1/29  Date_  44    MINUTES OF THE ORGANIZATIONAL MEETING OF:  H&K Inc  Yalc Ave Thec #155, organizational mecting of thci incorporators ofH&K Inc was! held at thc officc oft thec corporation, 11000E  Aurora, CO80014. on Syemw2H,0SasOrM  The following werc prescnt Hyun J Kim Dong Sik Kim  Hyun. JE Kim was appointed chauman oft thc mecting  Thc chaurman thenj presented and rcad to ther mceling thc waiver of notice oft the mecting, subscribed by allofthe persons named in the Articles ofincorporation. and it was ordercd that it be appended to ther minutes oft the meeting The chairman then presented andi read to thc meeting ac copy oft the Certifiçate of Incorporation and reported that on September 21 2015, the original thercof was filed in the office oft the Colorado Secretary of State. The copy of The chairman then stated that nominations werei inc order for election of directors oft the corporation toh holdo office  Certifiçate of Incorporation was ordered appended to the minutes oft the mecting.  until the first annual mecling ofs stockholders and until their successors shall bc elected and shall qualify.  The following person(s) were nominated.  Hyun JI Kim  No further nominations being made, nominations were closed and a vote was taken. Afler the vote had been counted, the chairman declared that the foregoing named nominces were elected director(s) of the corporation The chairman thens stated that ther newly clected director(s)wouldi assumet their responsibilities immediately and that this mecting would be considered as the first meeting of directors to organize the corporation and to transact such Tho chainman thenpresspted, aprpposed form ofBy-Laws. Thel By-Laws were readt tot the meeting, considered motion AuymaAcoseds aods dsien Mdopted a andi for the By-Laws oft the corporation and ordered Tho chaln prlbo ocu tpn called for tho clectionedt do paapent otibeg porporation, Thefbolowingpersons  business as sbould properly come before thei meeting.  and upon  appended to tbo nkppthhue-ine   oadoo proocdios  narso:  were pomted Prad VioPent T Seroty  No furlpo) nomination beng made be dominations wore losod md tp direotors proocedod to vote on the Thacharaan anrounoed thar the lorgoins nomincos yeres cctedy Motho offices sot boforo their respective  nominecs. namo.  45    46    MAROMAMTATNCATeL-N Compliance Application  ACOLRADO 4151 15Street Burlington, Co. 80807 Phone- 719-346-8652 Fax-719-346-8397 AAMPMTIRSASAPMET  PERMIT NO: Owner's Name Dong Sik Kim  DATE: Phone Number303-514-1466  New Construction or Addition complele Part As andP Part CUtility Tups- Fence complete Pert A- Change ofU Use or Annexation PartE B  Service Address450 SLincoln Streel. Burfington, CO80807  PartA  Current ZoneC-2 Commercial New Bullding G Addition( ) Garage( ) Fence( )Other() Description of workWork will consiet ofc demotion of the exdsling Burlington Inn Molel, sidewak,p pavement, and utillys services. Construction wille consist ol gradinge Land pavings operations, USTI Installation, utkty Iinstallation, vertical construction, and construction oferight Estimated cost of materialsz.0250000 Front yard setback_ NA Sidey yard setback_ NA Rear Yard setback. luml lene Scale drawing of tract, bullding to be bullt, repalred or altered, with utilities and sidewalks, must be attached to  Maximum height_29-1 PartB Change of Use Present uselodging-Land Proposed use Commercial retails store with fvel Current Zone C-2 Commercial Annexation Yes Zonlogc-20 Commercial Use_ Commerciel retall store withf fue! PartCUtility Taps Electric Tap: Partl D  NA  application, with all dimensions clearly indicated. Drawing attached()  Petition Flled_ Processing  Application for Electric e Water 60 Sewer 6 Trash 6  Water Tap:.  Sewer Tap:.  Trash:  Ihereby certify that the above appliçation, with attached drawings and documents, is true to the bcst ofr myk knowicdge and belicf. Ihereby agree and bind myself 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 and cicctriçal work o0 said building, and 1 further agree to save thc City ofl Burlington harmless from all costs and damages plumbing which may occur by reason oft the deposit of material ins streets ora alleys, or by reason of any excavation under such building, under alleys, Ihereby agrce and understand that City ofBurlington has not adopted al building code andi itisr my responsibility to follow alls statc guidelines regarding state! building codes, local building codes and alli inspections the State ofColorado, City ofE Burlington and the lhereby agrec toy pay the City ofE Burlington all sales/and or usc tax pursuant to' "Chapter 3.08, "sales and Use" Tax", oft the Burlingion  sidewelks or adjacent property thereto.  Colorado Dcpartment ofl Local Affairs and Housing may require.  Municipal Code. For City Use Only Date ofapplication_ Appliçation: Approved( ) Materials to be purchased from: Tap Fee_ Public Works_ City Administrator  A Owner  N  Fees paid:, Permit Fce  Receipt Number_ Administrative Fee:  Denied( ) Reason  Address  Use-Tax  Ifmaterials arey 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",ofu the Burlington Municipal Code. Initial  47    BUILDING PERMIT LOCATE FORM CITYOF BURLINGTON  Itis against regulations to have a dwelling bult over anyutiltyline, either a main line ora The permit applicant/builder must call thel linel locate number 811or 800-922-1987. Aticket number will be issued to the Customer andi it could take approximately 3 days to complete the line locate and that ticket number will be good for 30 days. This service willl be at no charge to This form will need to be returned to City Hall along with the Building Permit Application. Structure will not be built over any gas! lines. Please indicate that you have verified your  customer'sline.  the customer. Ifthe lines need to be moved, there will be a charge.  structure is NOT being built over a gas! line.  Gas:  Customer Name  Ticket Number  Address Structure  Phone Date  Request denied for the following reason;  48    First American  Commitment for Titie Insurance Colorado- BH-910910/912011)  Transaction Identification Data, for which the Company assumes no liability as set forth in Issuing Agent: First American Tide Insurance Company National Commercial Services Issuing Office: 215 South State Street, Ste. 380, Salt Lake City, UT 84111  Commitment Condition 5.e.: Issuing Office's ALTAG Registry ID: 1153563 Commitment Number: NCS-1185211-SLC1 Issuing Office File Number: NCS-11B5211-SLC1 Property Address: 450 Lincoln Street, Burlington, CO 80014  Escrow Officer: Alisha White Email: AWhite@firstam.com Underwriter: Rebecca Held Email: RHeld@frstam.com  Revision Number:  SCHEDULEA  1. Commitment Date: July 13, 2023 at 5:00P.M. a. ALTA@ Owner's Policy (7-1-21)  2. Policy to be issued:  Proposed Insured: Maverik, Inc., a Utah corporation Proposed Amount of Insurance: $1,900,000.00 The estate ori interest to be insured: See Item 3 below  3. The estate or interest in thel Land at the Commitment Date is: 4. The Title Is, at the Commitment Date, vested in: H&K, Inc., a Colorado corporation 5. The Landi is described as follows:  Fee Simple  See Exhibit A attached hereto and made a part hereof  This page is only a part ofa 2021 ALTA Commitment, for Tite Insurance issued by First American Tde. Insurance Company, This Commibment is not valid without thel Nodoe; the Commitment tol Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part -Requrements; and Schedule B, Part I-Exceptions; anda cunter-signalure by the Company or its issuing agent that may  belne electronic form. Form 50095700(1217-21)  Copyright: 2021American Land Tite ssocation. AT nghts reserved. The use oft this Form (or any derivativet thereof) Is restricted to ALTAI Icensees and ALTA members Ins good: standing as oft the date of use. Allo other uses are prohibited. Reprinted under lcense from the American Land Title Association.  Pagelof13  49    First American  Commitment for Title Insurance Colorado 2021 v.01.00 (07-01-2021)  Commitment No. NCS-1185211-SLC1  EXHIBITA  The Land referred to herein below is situated in the County of Kit Carson, State of Colorado, andi is  described as follows: Parcell I:  Atract of land located in the Southwest Quarter oft the Northwest Quarter (SWV4NW'A) of Section One (1), Township Nine (9) South, Range Forty-four (44) West oft the Sixth Principal Meridian, Kit Carson Beginning at the West Quarter corner of said Section One (1), Township Nine (9) South, Range Forty- four (44) West of the! Sixth Principal Meridian; Thence North 0°23' West along the West line of said Section 475 feet; Thence East 100 feet to the intersection of the East right of way! line ofu.s. Highway No. 385 with the North right of way of Interstate Highway 70, such point beingi identified with al highway marker and being the true point of beginning; Thence South 78°30'30" East 255.46 feet along the North right of way line of said 1-70 to al highway marker; Thence North 0°23' West 788. 75 feet to a point; Thence South 890 17' West 1301 feet to a point; Thence South 0°23' East 200 feet to ap point; Thence South 890 17' West 1571 feet more or less to a point on the East right of way line of said U.S. Highway No. 385; Thence South 4°37'30" East 524 feet more or less to the true point of beginning, County of Kit  County, Colorado, more particularly described as follows:  Carson, State of Colorado. Parcell II: follows:  At tract of land located in the Northwest Quarter (NWY) of Section One (1) ), Township Nine (9) South, Range Forty-four (44) West of the Sixth Principal Meridian, Kit Carson County, Colorado, described as Commencing at the West Quarter Section corner of the above described Section One (1 ); Thence N 0°23'V W. along the West line of said Section One (1 ), 475 feet; Thence East 100 feet to the intersection of the east right of way of Highway #385 with the North right of way line of Highway #1-70, which point being identified with a right of way marker; Thence $7 78°30'30" E., 255.46 feet along said North right of way! line of 1-70 Highway; Thence N 0023'W., 501 feet to the true point of beginning; Thence N 0°23' W., 628.751 feet; Thence N 89° 49'E., 70 feet; Thence $0023' E., 628.75 feet; Thence $89049' W., 70 feet Fori informational purposes only: APN(S): 00000045000032 and 00561010944008  to the point of beginning, County of Kit Carson, State of Colorado.  This page is only a part ofa 2021 ALTA Commitment for Tde Insurance issued by First American Tde Insurance Company, This Commbment si not valid without the Notice; the Commibment to Issue Policy; the Commitment Condibions; Schedule A; ScheduleB, Part Requinements; and: Schedule B, Part I-Exceptions; anda a counter-sgnature by the Company or As issuing agent chat may  be Ine electronk form. Form! 50095700(1247-2)  Copyright? 2021 American and uidey ssocation. wur nghts reserved. The use oft this Form (or any derivative thereof) isr restricted to ALTA licensees and ALTA members in goods standing as of the date of use. All other uses are prohibited. Reprinted under licensef from the Amerkcan Land Tte Assoclation.  Page2of13  50    First American  Commitment for Title Insurance Colorado 2021V.01.00 (07-01-2021)  Commitment No. NCS-1185211-SLC1  SCHEDULE B, PARTI-Requirements  All of the following Requirements must be met:  1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make al loan on the Land. The  Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company.  4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. Payment of all taxes and assessments now due and payable as shown on a certificate of taxes due NOTE: Tax certificate(s) must be ordered by or provided to the Company at least one week prior to 6, Local ordinances may impose inchoate liens on the Land for unpaid water, sewer, stormwater drainage, or other utilities charges. Ift this transaction includes as sale oft the Land, a Utilities  from the County Treasurer or the County Treasurer's Authorized. Agent.  closing.  Agreement and/or escrow is required.  7. Evidence that all assessments for common expenses, if any, have been paid. 8. Receipt by the Company of an ALTA/NSPS Land Title Survey, certified to First American Title Insurance Company, and in form and content satisfactory to the Company. The Company reserves the right to make further requirements and/or exceptions upon review of this survey, 9. Recordation of a Release of the Deed of Trust from H&K, Inc., a Colorado corporation to the Public Trustee of Kit Carson County for the use of Commonwealth Business Bank to secure an indebtedness in the principal sum of $1,074,000.00, and any other amounts and/or obligations secured thereby, dated January 29, 2016 and recorded February 1, 2016 at Reception No. 201600570692. 10. Receipt by the Company of the following documentation for H&K, Inc., a Colorado corporation:  Certificate of Good Standing issued by the Colorado Secretary of State. Certificate of Incorporation issued by the Colorado Secretary of State.  This page is only a part ofa 2021 ALTA Commitment, for Ttle Insurance issued by Flist American Title Insurance Company, This Commitment, isi not valid without the Notice; dhe Commibment to Issue Policy the Commitment Conditions,; Schedule. A; Schedule B, Part -Requlrements; and Schedule B, Part I--Exceptions; anda counter-sgnature by the Company or its Issuing agent bhat may  belne electronic form. Form 50095700(4241-.)  Copynghtt 2021 Americant Eand uide Assocation., A nghe reserved. The use of this Form (or any derivative thereof) is resticted to ALTAI licensees and ALTA members ing good standing as of the date ofy use. All other uses are prohibited. Reprinted under license from the American Land Title Association.  Page3of13  51    First American  Commitment for Titlel Insurance Colorado- B11r9180/0/912011)  NOTE: The Company reserves the right to make further requirements and/or exceptions upon review 11. Receipt byt the Company of a Corporate Resolution executed by the officers of H&K, Inc., a Colorado corporation, authorizing the transaction herein contemplated and setting forth the names and NOTE: The Company reserves the right to make further requirements and/or exceptions upon review 12. Receipt by the Company of the following documentation for Maverik, Inc., Utah a corporation:  oft the above item(s).  authority of those authorized to sign fort the corporation.  oft the above item(s).  Certificate of Good Standing issued by the Utah: Secretary of State. Certificate of Incorporation issued by the Utah Secretary of State.  NOTE: The Company reserves the right to make further requirements and/or exceptions upon review 13. Receipt by the Company ofa Corporate Resolution executed by the officers of Maverik, Inc., a Utah corporation, authorizing the transaction herein contemplated and setting forth the names and NOTE: The Company reserves the right to make further requirements and/or exceptions upon review 14. Receipt by the Company ofa a satisfactory Final Affidavit and Indemnity, executed by H&K, Inc.,a 15. Receipt by the Company of a satisfactory Final Affidavit and Indemnity, executed by Maverik, Inc., a  oft the above Item(s).  authority of those authorized to sign for the corporation.  of the above item(s). Colorado corporation. Utah corporation.  This page is only a part ofa 2021 ALTA Commiment, for Tible Insurance issued by First American Title Insurance Company, This Commitment bi noti valid without the Notice: the Commitment. tol Issue Pollcy; the Commitment Conditions; Schedule A; ScheduleB, Part -Regurements; ands Schedule B, Part I-Exceptions; anda counter-sgnatvre by the Company or Ats issuing agent that may  bel Ine electronk form. Form! 50095700/(1217-21)  Copyight20217 American Land Tidel Assocation. Arphbrseved. The use of this Form (or any derivative thereof) is restricted to ALTAI licensees and ALTA members in goods standing as oft the date of use. Allo other uses are prohibited. Reprinted under license from the American! Land Title Association.  Page 40f13  52    First American  Commitment for Titie Insurance Colorado 2021 V.01.00/07-01-2021)  Commitment No. NCS-1185211-SLC1  SCHEDULE B, PARTII-Exceptions  Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant ina document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the 1. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof.  document will be excepted from coverage.  satisfaction of the Company:  2. Easements, or claims of easements, not shown by the Public Records.  3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts whicha correct land survey andi inspection of thel Land would disclose, and which are not shown by the Public 4. Any lien or right to a lien for services, labor, material or equipment, unless such lien is shown by the Public Records at Date of Policy and not otherwise excepted from coverage herein. Any defect, lien, encumbrance, adverse claim, or other matter that appears for thei first time in the Public Records or Is created, attaches, or is disclosed between the Commitment Date andt the date on Note: Exception number 5 will be removed from the policy provided the Company conducts the closing and settlement service for the transaction identified in the commitment. Any and all unpaid taxes, assessments and unredeemed tax sales.  Records.  which all of the Schedule B, Part I-Requirements are met.  7. Unpatented mining claims; reservations or exceptions in patents ori in Acts authorizing thei issuance  thereof.  8. Any water rights, claims of title to water, In, on or under the Land. 10. Right of way for all county roads as currently established and used.  9. Any existing leases or tenancies.  This page Is only a part ofa 2021 ALTA Commitment for Tide Insurance issued by First American Title Insurance Company, This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B Part Requirements; and Schedule B, Part I-Excepbons; anda counter-signature by the Company or its issuing agent that may  be ine electronic form. Form 5009570071247-21)  Copyright: 0217 American Land vie Assocation. An rights reserved. The use oft this Form (or any derivative thereof) Is restricted to ALTA licensees and ALTA members ins good standing as oft the date of use. Allo other uses are prohibited. Reprinted under license from the American Land Tide Association.  Pagesof13  53    First American  Commlbment for Titiel Insurance Cr-2BlIv.010 (07-01-2021)  11. Streets and alleys which have been dedicated to the public and rights of way for utilities. 12. Consequences of inclusion in thel Fairview Cemetery District, the Burlington Fire Protection District, the Plains Ground Water Management District, and the Kit Carson County Health Service District as 13. Concerning Senate Bil 172 establishing procedures for the protection of underground fadilities from damage caused by excavation work, filed by Eastem Slope Rural Telephone Association, Mountain 14. Terms, conditions, provisions, obligations and agreements as set forth in1 the Resolution Creating Exclusive County Wastes Disposal Sites and Disposal Site and Facility Fund-Tax recorded June 13, 15. Terms, conditions, provisions, obligations, restrictions, reservations, easements and agreements as set forth In the Warranty Deed recorded January 11, 1971 in Book! 502 at Page 591 at Reception No. 16. Terms, conditions, provisions, obligations and agreements as set forth in the Official Zoning Resolution IA recorded May 7, 1971 in Book! 503 at Page 805 at Reception No. 392694. 17, Terms, conditions, provisions, obligations, restrictions, reservations, easements anda agreements as set forth ini the Warranty Deed recorded. July 12, 1971 in Book! 504 at Page! 541 at Reception No. 18. Terms, conditions, provisions, obligations, easements and agreements as set forth int the Right of Way Agreement recorded December 2, 1971 in Book 506 at Page 37 at Reception No. 394711. 19. Terms, conditions, provisions, obligations and agreements as set forthi in the Notice recorded August 20. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Easement recorded May 16, 1979 in Book! 553 ati Page 321 at Reception No. 430682, 21. Terms, conditions, provislons, obligations, easements and agreements as set forth In the Utility Easement. Appurtenant recorded May 7, 1990 In Book 640 at Page 884 at Reception No. 490613. 22. Terms, conditions, provisions, obligations, easements and agreements as set forth In the Colorado Department of Transportation Memorandum of Agreement recorded November 26, 2007 at Reception  regulatory and taxl levying agendes.  Bell, by Peoples Natural Gas Company, by K.C. Electric Association. 1984 in Book! 594 at Page 67 at Reception No. 458822.  391563.  393329.  19, 1974 Inl Book 520 at Page 369 at Reception No. 405970,  No. 200700548670.  Thb page 5 ony a part ofa 2021 ALTA Commiment, for Tidle Insurance bsued by Fist American Title Insurance Compsny,. This Commiment 6 nati valld without the Notice; the Commment bo Issue Policy, the Commment Condions; Schedule Aschadules B Part! FRegurements; and Schedule B, Part I-Ereptons; anda counter-signature by the Company or As ksuing agent that may  be hnelectronkc form. Form 505700(2174)  Copyight? 20217 merican andl uitay AEsoG ion. AF gha peserved. The use of this Form (or any derivative thereof) is restricted to ALTAI licensees and ALTA members In goods standing aso of the date of use. Alo other uses are prohibited. Reprinted under oense from the American Land Tite Assoclation.  Page6of13  54    First American  Commitment for Title Insurance Colorado : 9V,019010/911021)  DISCLOSURE STATEMENT  Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Recorder's office shall contain at top margin of at least one inch and al left, right and bottom margin of at least one-half of an inch. The Clerk and Recorder will refuse to record or file any document that does not NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disdosure/wthnoljing provisions of C.R.S. 39-22-604.5 (Nonresident withholding). NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and: settlement service that isi in conjunction withi its issuance of an owner's policy of title insurance andi is responsible for the recording and filing of legal documents resulting from the transaction which was Pursuant to C.R.S. 10-11-122, the company will not issue its owner's policy or owner's policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary. The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and thel boundaries of such districts may be obtained from thel Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. C.R.S. 10-11-122 (4), Colorado Notaries may remotely notarize real estate deeds and other documents using real-time audio-video communication technology. Your may choose not to use remote notarization  conform to the requirements of this section.  closed.  for any document.  NOTE: Pursuant to CRS10-11-123, notice is hereby given: instrument exception, or exceptions, in Schedule B, Section 2.  This notice applles to owner's policy commitments contalning a mineral severance A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that ai third party holds some or all interest in oll, gas, other minerals, or geothermal B. That such mineral estate may include the right to enter and use the property without NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4of Schedule B, Section 2 of the Commitment from the Owner's Policy to bei issued) upon This page s only a part ofa 2021 ALTA Comm/tment, for Tde Insurance issued by First American Title Insurance Company This Commitment, ksi not valid without the Notice the Commitment to Issue Policy; the Commitment Condibions; Schedule A: Schedule B, Part Requirements; and: Schedule B, Part I-Exceptions; anda a counter-signature by the Company or its issuing agent that may  energy in the property; and the surface owner's permission.  compliance with the following conditions:  be ine electronic form. Form! 5009700( (12-17-21)  Copyright: 20217 American Landnitie soclation. A right reserved. The use of this Form (or any derivative thereof) is restricted to ALTAI licensees and ALTAI members in goods standing as oft the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.  Page7of13  55    First American  Commitment for Tide Insurance Colorado . 2021 v. 01.00 (07-01-2021)  A. The land described in Schedule A ofthis commitment must be a single famlly residence which includes a condominium or townhouse unit. B. Nol labor or materials have beent furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment The Company must recelve an appropriate affidavit Indemnifying the Company against un-filed mechanic's and material-men's liens. D. The Company must receive payment oft the appropriate premlum. Ifthere has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coveraget for unrecorded liens will include: disclosure of certain construction information; finandal Information as to the seller, the bullder and or the contractor; payment of the appropriate premium, fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides dosing and settlement services forar real estate transaction shall disburse funds as ap part of such services until those funds have been NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation In the State of Colorado. Said declaration sha!l be completed and NOTE: Pursuant to CRS 10-1-128(6)(), It is unlawful to knowingly provide false, incomplete, or misleading facts or Information to an Insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may Include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, Incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payablefrom insurance proceeds shall be reported tot the Colorado division of insurance within the Nothing herein contalned will be deemed to obligate the company to provide any of the coverages  within the past 6 months.  insured has contracted for or agreed to pay.  received and are avallable for immediate withdrawal as a matter of right.  signed by either the grantor or grantee.  department of regulatory agencies.  referred to herein unless the above conditions are fullys satisfied.  This page is only a part ofa 2021 ALTA Commitment, for Tide Insurance issued by First American Tde Insurance Company, This Commitment 5 noti valld without the Notice; the Commitment to Issue Pollcy; the Commitment Conditions; Schedule A; ScheduleB, Part -Requirements; and Schedule B, Part I-Exceptions; andac coumter-sgnature. by the Company or Ats kssuing agent that may  be An electronic form. Form! 509570(12411-21)  Copyright20217 American Land ntde Assodation. AI rghts reserved. The use of this Form (or any derivative thereaf) Is restricted to ALTA licensees and ALTA membersi ing good standing as oft the date of use. Allo other uses are prohibited. Reprinted under lcense from the American Land Tite Association.  PageBof13  56    First American  Commitment for Titlel Insurance Colorado: BHv910910/01701)  ALTA COMMITMENT FOR TITLE INSURANCE FIRST AMERICAN TITLE INSURANCE COMPANY  issued by NOTICE  IMPORTANI-READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING. ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS  INCLUDING A PROPOSED INSURED.  COMMITMENT TO ANY OTHER PERSON.  COMMITMENT TO ISSUE POLICY  Subject to the Notice; Schedule B, Part I-Requirements; Schedule B, Part II--Exceptions; and the Commitment Conditions, First American Title Insurance Company, a Nebraska Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered In Schedule AI both the specified dollar amount as the Ifall of the Schedule B, Part I--Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end.  Proposed Amount of Insurance and the name of the Proposed Insured.  FIRST AMERICAN TITLE INSURANCE COMPANY Oax BRB Kenneth D. DeGiorgio, President  LGR Lisal W. Cornehl, Secretary  By:  By:  This page is only a part ofa 2021 ALTA Commitment for Ttle Insurance issued by First Amencan Title Insurance Company This Commitment, 5i noti valid without the Notice, the Commitment to) Issue Policy; the Commitment Conditions; Schedule. A; Schedule B, Part Reguirement; and. Schedule B, Part I-Exceptions; anda a counter-sagnalure by the Company ork its issuing agent chat may  bei ine electronic form. Form 50095700(12-172)  Copyright 2021American Land" Title Assocaton. A rghts reserved. The usec of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as oft the date of use. Allo other uses are prohibited. Reprinted under license from the American Land Title Association.  Page9of13  57    First American  Commitment for Tiue Insurance Colorado- 2021 V. 01.00( (07-01-2021)  COMMITMENT CONDITIONS  1. DEFINITIONS  a. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of Individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally b. "Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice "Land": The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term "Land" does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by d. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenoed by electronic means authorized by law. e. "Policy": Each contract of title Insurance, In a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. f. "Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g. "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each h. "Public Records": The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term "Public Records" does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term "State" also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. "Title": The estate or interest int the Land identified in Item 3 of Schedule A.  protected dass. imparted by the Public Records.  thel Policy.  Policy to be issued pursuant to this Commitment.  2. Ifall of the! Schedule B, Part I-Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and  obligation end.  This page is only a part ofa 2021 ALTA Commitment, for Title Insurance issued by First American Tide Insurance Company, This Commitment, 5 noti validi without the Notice; the commitment to Issue Policy; the Commitment Conditions; Schedule A; ScheduleB, Part Requirements; and Schedule B, Part I-Exceptions; anda counter-signaure by che Company or its kssuing agent that may  be Ine electronic fom. Form 50095700(1217-21)  Copynight: 20217 American End vta Asocation. Aghts reserved. The use of this Form (or any derivative thereof) Is restricted to ALTAI licensees and ALTA members in good standing aso of the date ofy use. All other uses are prohibited. Reprinted under license from the American Land Title Association.  Page 10of13  58    First American  Commitment for Title Insurance Colorado- 2021 v.01.00 (07-01-2021)  3. The Company's liability and obligation is limited by and this Commitment is not valid without:  a. the Notice; b. the Commitment to Issue Policy; C. the Commitment Conditions; d. Schedule A; e. Schedule B, Part -Requirements; and f. Schedule B, Part II--Exceptions; and COMPANY'S RIGHT TO AMEND  9. a.counter-signature by the Company or its issuing agent that may be in electronic form. The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. a. The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended commitment, resulting from the Proposed Insured's good faith reliance to: comply with the! Schedule B, Part --Requirements; . eliminate, with the Company's written consent, any Schedule B, Part II-Exceptions; or iii. acquire the Title or create the! Mortgage covered by this Commitment. b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the d. The Company's liability does not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount The Company is not liable for the content of the Transaction Identification Data, ifa any. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part -Requirements have been met to the satisfaction of the Company. g. The Company's liability is further limited by the terms and provisions of the Policy to be  The Company is not liable for any other amendment to this Commitment.  LIMITATIONS OF LIABILITY  about iti in writing.  Commitment was first delivered to the Proposed Insured.  of Insurance.  issued to the Proposed Insured.  This page is only a part ofa 2021 ALTA Commitment, for Tible Insurance issued by First Amencan Tide Insurance Company This Commibment, is noti valld without the Notice, the Commitment to Issue Policy; the Commitment Condibions; Schedule A; Schedule B, Part -Requirements; and: Schedule B, Part I-Exceptions;. anda counter signature by the Company or is issuing agent that may  bel in electronic form. Form 5005700(4217-21)  copplmpImerian Land" Vitlel Assoclation. Atirghs reserved. The use oft this Form (or any derivative thereof) is restricted to ALTAI licensees and ALTA members ing good standing as of the date ofu use. All other uses are prohibited. Reprinted under license from the American Land Tite Association.  Pagellof13  59    First American  Commitment for Titlel Insurance Colorado 191-9190/91101)  6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND a. Only al Proposed Insured identified in Schedule A, and no other person, may make a claim b. Any daim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provislons of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. d. The deletion or modification of any Schedule B, Part II--Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this e. Any amendment or endorsement to this Commitment must be in writing and f. When the Policy is issued, all liability and obligation under this Commitment will end and The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for closing, settlement, The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is It a This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS  CHOICE OF FORUM  under this Commitment.  only in a State or federal court having jurisdiction.  Commitment or the Policy.  authenticated by a person authorized by the Company. the Company's only liability will be under the Policy.  7. IFTHIS COMMITMENT IS ISSUED BY ANI ISSUING. AGENT  escrow, or any other purpose. B. PRO-FORMA POLICY  commitment to insure. 9. CLAIMS PROCEDURES  liability in Commitment Conditions 5 and6.  10. CLASS ACTION  ACTION CONDITION.  This page is only a part ofa 2021 ALTA Commitment, for Title Insurance issued by First American Tide Insurance Company This Commitment, i noti valid without the Notice; the Commibment to Issue Policy; bhe Commibment Conditions; Schedue A;: Schedule B, Part -Requirements; and: Schedule B, Part II-Exceptions; and a countersgnature. by the Company orà is issuing agent that may  be hne electronlc form. Form 509570071237-21)  Copyright 20217 American Landritle Assocation. Ar rights reserved. The use of this Form (or any derivative thereof)i is restricted to ALTAI licensees and ALTA members in good standing as oft the date ofv use. All other uses are prohibited. Reprinted under license from the American Land" Title Association.  Page 120/13  60    First American  Commitment for Tiuel Insurance Colorado 2021 v. 01.00 (07-01-2021)  11, ARBITRATION  The Policy contains an arbitration clause, All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy  oft the arbitration rules at pwmataogebtaon  This page is only a part ofa 2021 ALTA Commitment, for Tille Insurance issued by First American Title Insurance Company, This Commitment, i nots validi without the Notice; the Commibment to Issuel Policy; the Commitment Conditions Schedule A Schedule B, Part Requirements; and Schedule B, Part I-Exceptions; anda a counter signature by the Company or is issuing agent that  electronic be ine form.  may  Copmiz0lmerikan Land" nte Assoclation. All nghts reserved. The use oft this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. Al other uses are prohibited. Reprinted under license from the American Land Title Assoclation.  Form 50095700(124)-21)  Page 13013  61    (VARIABLE  .  99899999909890009  #0476-BURLINGTON, CO LMCANSTRETAMIERSAEP ANNEXATONSITEPLAN  MAVERIK  olsson  ISIONS  62    RESOLUTION: 2024-01  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 MAVERICK STORE #0476 AND THAT THE UNINCORPORATED TERRITORY IS ELIGIBLE FOR ANNEXATION,  ANDTO SET DATE OF PUBLIC HEARING.  WHEREAS, the City Council oft the City ofl Burlington has determined  that the Petition for Annexation of Maverick Store #0476 complies with Section 30, Article H, that the unincorporated territory known as Maverick Store #0476 is eligible for annexation and  (1)(b) of the State of Colorado Constitution, and  WHEREAS, the City Council of the City of Burlington has determined  complies with Colorado Revised Statutes 32-12-104()a)D). and  NOW THEREFORE, IT IS RESOLVED by the City Council of the City of  Burlington that the City Council of Burlington shall hold a Public Hearing at 6:30 P.M.. on February 26, 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 oft the incorporated limits of the City of Burlington.  ADOPTED at Burlington, Colorado, this 12th day of February, 2024.  CITY COUNCILOFBURLINGTON  SIGNED  Mayor  - Georgia Gilley, Clerk  ATTEST  #  63    STATE OF COLORADO ) County of Kit Carson  )ss. )  CLERK'S CERTIFICATE  Thatl I, Georgia Gilley, the official City Clerk ofthe City ofBurlington, do by these presents say that the foregoing Resolution was authorized and adopted by the City Council of the City of  Burlington on the 12th day of February 2024.  [SEAL]  DATED this 12th day of February 2024.  * SIIE - Di  S0    Georgia Gilley, City Clerk  STATE OF COLORADO ) County of Kit Carson  )ss. )  1, 6a RGIA 61v61  al Notary Public in and for the County of Kit Carson in the  State of Colorado, do hereby certify that Greg Swiatkowski, Mayor oft 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 of Kit Carson in the State of Colorado, for the uses and purposes therein  set forth.  Given under my hand and notarial seal this 12th Day of February 2024.  CEORGIALYNNE ATEY NOTARY PUBLIC STAVE OF COLORADO NOTARY D: 20224030146 MYCOMASSION XPIRES AUGUST 03, 3020  A  [SEAL]  0 Notary Public  hi  My Commission Expires: AuG 3.2426  64    ORDINANCE NO. 987  AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURLINGTON ANNEXING PROPERTYKNOWN AS MAVERIK #0476, BURLINGION,COTO  THE CITY OF BURLINGION, COLORADO  WHEREAS, Resolution 2024-01, 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 of the 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-DESCRIBEDLAND 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 Recorder: afterits effective date in accordance with State Statutes.  known as Maverik #0476, Burlington, CO.  agreement.  Commercial, in accordance with the City'szoning ordinance.  its publication, as provided in the City Charter Section 4-6.  65    PASSED, ADOPTED and ORDERED PUBLISHED this 26th day of February  2024.  Greg Swiatkowski, Mayor  [SEAL] ATTEST:  Georgia Gilley, City Clerk  STATE OF COLORADO ) County ofKit Carson City of Burlington  )ss. )  CLERK'S CERTIFICATE  That I, Georgia Gilley, the official City Clerk of the City ofBurlington, do by these presents, say that the foregoing Ordinance No. 987 was passed and adopted by the City Council ofthe City ofl Burlington on the 26th day of February, 2024, and that the foregoing Ordinance is ai true, correct and full copy oft the Ordinance as shown in Ordinance Book 13  oft the records oft the City ofBurlington, Burlington, Colorado.  Dated this 26th day of February 2024.  Georgia Gilley, City Clerk  2  66    STATE OF COLORADO ) County of Kit Carson City of Burlington  )ss. CLERK'S CERTIFICATION OF PUBLICATION  )  That 1, Georgia Gilley, the official City Clerk oft the City of Burlington, do by these presents, say that the foregoing Ordinance No. 987 and Clerk's Certificate attached thereto was published in the Burlington Record, a weekly newspaper of general circulation in Burlington, Kit Carson County, Colorado, on February 29, 2024, and "Proof of  Publication" is filed herewith.  Dated this 29th day ofF February 2024.  Georgia Gilley, City Clerk  3  67    EXHIBITA  A tract of land located in the Northwest Quarter (NW1/4) of Section One (1), Township Nine (9) South, Range Forty-four (44) West of the Sixth Principal Meridian, Kit Carson Commencing at the West Quarter Section corner of the above described Section One (1); Thence N 0°23'W. along the West line of said Section One (1), 475 feet; Thence East 100 feet to the intersection of the east right of way of Highway #385 with the North right of way line of Highway #I-70, which point being identified with a right of way marker; Thence S 78°30'30" E., 255.46 feet along said North right of way line ofI-70 Highway; Thence N0°23' W., 50 feet to the true point of the beginning; Thence N 0°23' W., 628.75 feet; Thence S 89°48' W., 70 feet to the point of beginning, County ofK Kit Carson, State of  County, Colorado, described as follows:  Colorado; described parcel containing 1.01 acres more or less.  4  68    Annexation Process -TA Travel Center Addition - Burlington, Colorado  On February 16, 2024, Mandy Madrid, Reeve & Associates, Inc. Project Assistant submitted a 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 $87°59'16" W along the southerly line oft the Southeast Quarter of said Section 2a distance of 50.00 feet to a point on1 the westerly right-of-way of U.S. Highway 385; Thence N 02°40'00" WS 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 $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 0542'06" 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 540.00 feet to the Southeast corner of said tractand a point ont the Westerly right-of-way ofU.S. Highway 285; Thence $02°40'00" East along said Westerly Right-of-way line a distance of 300.00 feet to the point of beginning.  Containing 48,6179 S.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 ofs said Section 2; Thence S8 87°59'16"1 W along the southerly line of the Southeast Quarter of said Section 2 a distance of 50.001 feet to a point on1 the westerly right-of-way of U.S. Highway 385 which is the true point of beginning; Thence S 87°59'16" West 550.00feet: along said Southerly Line of the Southeast Quarter; Thence N02"40'06" West1 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 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 II State of Colorado Constitution, and C.R.S.  31-12-104 complying with eligibility standards for annexation.  69    The City Council shall hold al Public Hearing at 6:30P.M. on March 11, 2024, at Burlington Community and Education Center, Room A, 340S.1 14th Street, Burlington, Colorado, to consider proposed changes to the existing zoning map, boundaries of zoning district, and City of Burlington boundary changes. AI Public Hearing will be held to hear testimony and receive evidence from property owners within the affected area (500 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 bet filed in writing with the City Clerk's Office, 415 15th 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 Appliçation Submittal Petition For Annexation Annexation Information Sheet Planning Process Application Fact Sheet Goals and Objectives of Proposed Annexation Form Phase: 16 environmental Impact Study - Executive Summary  Utility Impact Letters Annexation Site Map Building Permit Application Site Plan for Build Out  Section 30, Article I State of Colorado Constitution  (1) No unincorporated. area may be annexed to a municipality unless one of the following (a) The question of annexation has been submitted to the vote of the landowners and the registered electors int 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 of the area, excluding public streets, and alleys (c) The areai is entirely surrounded by or is solely owned by the annexing municipality.  conditions first has been met:  voting on the question have voted for1 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 of the state constitution has been met. An area is eligible for annexation if the provisions of section 30 of article II of the state constitution have been complied with and the governing  body, at al hearing provided ins 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 a platted street or alley, a public or private right of way, a public or private right of way, a public or private  70    transportation right ofv way or area, public lands, whether owned byt the state, United States, or an agency thereof, except county owned open: space, or a 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 oft the public hearing and (b) That a community ofi interest exists between the area to be annexed and the annexing municipality; that said area 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. Thei factthat 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 oft the following are shown to exist:  the annexation impact report.  (1) Less than 50% of the adult residents of the area proposed to be annexed make use of part or all oft thei following types of facilities oft the annexing municipality: Recreational, civic, social, religious, industrial, or commercial: and less than 25% of said adult residents are employed in the annexing municipality. Ift there are no adult residents at (II) 1/2 of more of the land owners of the land int the proposed area to be annexed (including Streets) isa agricultural, andi the landowners of such agriculturall land, under oath, express an intention to devote the land to such agricultural use for a period of not (II) Iti 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 of its citizens on the same terms and conditions as such services are made available to such citizens. This shall not apply tot the extent that any portion of an area proposed tol 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.  through a quasi-municipale corporation.  (2)a) The contiguity required by paragraph (a) of subsection (1) of this section may not be established by use of any boundary ofa an area which was previously annexed to the annexing municipalityi if the area, at the time ofi 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 or the annexing municipality, nor may such contiguity be established by use of any boundary oft territory which is subsequently annexed directly to, or which is 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 oft 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.  71    violation oft this subsection (2) may be declared by a court of competent jurisdiction to be void (c)c contiguity is hereby declared to be ai fundamental element in any annexation, and this subsection (2) shall not in any way be construed as having the effect of legitimizing in any way  abi initio in addition to other remedies which may be provided.  any noncontiguous annexation.  72    RESOLUTION: 2024-02 STATE OF COLORADO ) County of Kit Carson  RESOLUTION OF THE CITY COUNCIL )ss. OF THE CITY OF BURLINGTONI 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, ANDTOSETI 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) ofthe  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  NOW THEREFORE, ITI IS RESOLVED by the City Council oft the City of] Burlington that the City Council ofBurlington shall hold a Public Hearing at 6:30 P.M., Monday, 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 oft the incorporated limits ofthe 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  73    STATE OF COLORADO ) County of Kit Carson  )ss. CLERK'S CERTIFICATE  )  That I, Georgia Gilley, the official City Clerk ofthe City of 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 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. )  I,  al Notary Public in and fori 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 of Kit Carson in the State of Colorado, for the uses and purposes therein  set forth.  Given under my hand and notarial seal this 26th day of February 2024.  [SEAL]  Notary Public  My Commission Expires:  74    Public Notice City of Burlington Kit Carson County State of Colorado  NOTICE IS HEREBY GIVEN the City Council of the City of Burlington has received a petition for annexation  tot 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 NO 02"40'00" W: 232.04 feet; Thence $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 andi the extension thereofac 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. of1.116 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 8759'16" 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 613342 S.F.or14.080 Acres; And to hereby by known asTA Travel Center Addition No.  beginning.  2, and to concurrently zone area as Highway Commercial use (C-2).  75    The petition for annexation complies with Section 30, Article II 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) of article Il oft the state constitution has been met. An area is eligible for annexation if the provisions of section 30 of article Il of the state constitution have been complied with and the governing (a) Not less than 1/6+h 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) of 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, ati 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 or the annexing municipality, nor may such contiguity be established by use of any boundary ofteritorywhichi is subsequently annexed directly to, or which is indirectly connected through subsequent The City Council shall holda Public Hearing at 6:30P.M. on March 11, 2024, at Burlington Community and Education Center, Room A, 340 S. 14+h 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 protests mayl bet filed inv writing with the City Clerk's  body, at a hearing provided in section 31-12-109, finds and determines:  the annexing municipality; municipality;  annexations to, such an area.  Office, 41515th Street, Burlington, CO by March 08, 2024.  76    porofs  200  &  S2I  ANNEXATION MAP fCoit DIAMOND JE ENTERPRISES LLC  Reeve Associates, Inc.  77    oorois 300,0Z4E 00.02.85  o0s  ANNEXATION MAP CCNa voo DIAMOND J ENTERPRISES LLC  Reeve CAssociates, Inc.  78    Lo0s  N  91,6GZ8S  ELISE  ANNEXATION MAP DIAMOND J ENTERPRISES LLC  Reeve Associates, Inc.  79    ATTACHMENTA  PETITION FOR ANNEXATION  The undersigned, in accordance with Article 12, Chapter 31, C.R.S., as amended, hereby petition the City Council of the City of Burlington, Colorado, for annexation to the City of Burlington the unincorporatedi territory more particularly described below, to be known as TA Travel Center Addition andi in support of said Petition, the petitioners allege that: (1) Iti is desirable and necessary that the following described territory be annexed by the City of Burlington, Colorado; (2) Not less than one-sixth (1/6) of the perimeter oft the area proposed to be annexed is contiguous with the City of (3) Acommunity ofi interest exists between thet teritoryproposed to be annexed andi the CityofBurlington, Colorado;  (include complete metes and bounds legal description)  Burlington, Colorado;  (4) Thei territory proposed to be annexed is urban or will be urbanized in 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 of more than! 50 percent oft 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. Isdividedi 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) for ad valorem tax purposes for the year preceding annexation, is included within the territory proposed to  be annexed without written consent of the landowner or landowners.  (8) No part of the area proposed to be annexed is more than three miles from aj point on the municipal boundary, as (9) The area proposed to be annexed comprises: more than 10 acres and an impact report as provided for 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 more than one year before this annexation will take place;  105.5 CRS, as amended, is required.  County Health District, Fairview Cemetery District and no others:  80    (11) The mailing address ofe each signer, thel legal description of thel land owned by 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 of the City, appear on the annexation map:  a. Water rights shall be provided at the discretion of City Council and in conformance with the City Charter. b. 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 annexation, whicha agreement shalll be additional conditions as effectively: asi ifseti forthint this 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 is included within any site specific development plan approved by Kit  Carson County, Colorado.  A: site specific development plan has been approved by Kit Carson County, Colorado.  EXECUTED this 25th day of January  2024  (Insert appropriate signature block or blocks found on following page)  81    Corporation  Corporation name  Dicmond 3 Enterpnsas LLC Brfaul pwyr Title 0 wner  Street Address 36162 MerrhAvepdnv City, State Zip Tpent fen NE 69044  Secretary  STATE OF Nebrske Countyof Belwillow  )ss  Thet foregoing instrument was acknowledgeepelgre, me this HL day of Januouy (month)s2004 bmmrihly as President, and by  as Secretary otllamoels Lkpse. LC (corporation  name),a a Nebraska corporation.  State of Nebraska- -Generall Nolary CLINTBRYANT MyCommission Explres Ap23,2026  WITNESS my hand and official seal.  My commission expires. Api232036    Notary Public  82    Attachment B  ANNEXATION INFORMATION SHEET  The following information is necessary to prepare documents required for annexation of land into the City of Burlington.  Please provide all information requested for the Annexation packet.  NAME OF ADDITION: TA Travel Center Addition  LEGAL DESCRIPTION:  PART OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 95 SOUTH, RANGE 44 WEST, 6TH PRINCIPAL MERIDIAN, COMMENCING ATTHE SOUTHEAST CORNER OF SAID SECTION 2; THENCE $87*59'16" W ALONG THE SOUTHERLYI LINE OF THE SOUTHEAST QUARTER OF SAID: SECTION: 2A DISTANCE OF 50.00 FEET TO AI 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. Al DISTANCE OF 550.00 FEET; THENCE NO2° 40'06" W AI DISTANCE OF 1133.16 FEETTOA POINT OF 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", AF RADIUS OF 1079.51 FEET, THE CHORD OF WHICH BEARS N 05-4206"EAD DISTANCE OF 68.70 FEETTO AF POINT ON THE EXTENSION OF THE SOUTHERLY LINE OF THATTRACT OF LAND DESCRIBED IN DOCUMENT FILED FOR RECORD. AS RECEPTION NO. 200800550712 OF THE KIT CARSON COUNTY, COLORADO RECORDS; THENCE N 87°20'00" EA ALONG SAID: SOUTHERLY LINE AND THE EXTENSION THEREOF A DISTANCE OF 540.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT AND Al POINT ON THE WESTERLY RIGHT-OF-WAY OF U.S. HIGHWAY 385; THENCE: S02°40'00" E 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 AT DOCUMENT NO. 570294 AND IN PLAT BOOK 10 AT PAGE51 OFTHE KIT  U.S.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 ATTHE SOUTHEAST CORNER OF SAID: SECTION 2; THENCE S8 87'59'16" W. ALONG THE SOUTHERLY! LINE OF THE SOUTHEAST QUARTER OF SAID: SECTION: 2A Al DISTANCE OF 50.00 FEET TO AF POINT ON THE WESTERLY RIGHT-OF- WAY OF U.S. HIGHWAY 385 AND THE TRUE POINT OF BEGINNING; THENCE S 8759'16" W. ALONG SAID: SOUTHERLY LINE OF THE SOUTHEAST QUARTER A DISTANCE OF 550.00 FEET; THENCE NO 02° 40'06" W. Al DISTANCE OF 1133.16 FEETTOA POINT OF NON-TANGENT CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT A DISTANCE OF 68.71 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 03°38'48", A RADIUS OF 1079.51 FEET, THE CHORD OF WHICH BEARS N 05°42'06" EAD DISTANCE 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 OF THE KIT CARSON COUNTY, COLORADO RECORDS; THENCE N 87'20'00" EALONG SAID SOUTHERLYLINE AND THE EXTENSION THEREOF A DISTANCE OF 540.00 FEETTOTHE! SOUTHEAST CORNER OF SAID TRACT AND Al 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, A DISTANCE OF1207.41 FEET TO THE POINT OF BEGINNING, DESCRIBED PARCEL CONTAINING 15.20 ACRES MORE ORI LESS, AS SHOWN ON THAT SURVEY PLAT RECORDED DECEMBER 16, 2015 AT DOCUMENT NO. 570294. AND IN PLAT B0OK: 10A ATI PAGE 51 OFTHEKIT  U.S. SURVEY, DESCRIBED AS FOLLOWS:  CARSON COUNTY, COLORADO RECORDS.  SIZE OF ANNEXATION PARCEL IN ACRES:15.196. Acres  83    BREIF DESCRIPTION OF LOCATION OF PROPOSED ANNEXATION: The property is situated on the west side of US  Highway 385 an estimated 1,200 linear feet south of the I-70 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 to 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 forth int the Petition for  Annexation.  NAMES AND ADDRESSES OFI 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, AND NAMES OF PERSONS WHO WILL BE SIGNING THE  PETITION FOR ANNEXATION: Corporation Name: Address:  Corporation Name: Address:  Person Signing & Title: Person Attesting & Title:  Person Signing & Title: Person Attesting & Title:  84    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 asa condition of annexation,  and if 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:  85    Attachment C  PLANNING PROCESS APPLICATION FACT SHEET  Applicant Name(s): Reeve & Associates, Inc.  Mailing Address: City: Riverdale Phone: (801)621-3100  516051500W  State: UT  Zip: 84405  Fax:. (801)621-2666  E-Mail: christyOreeve.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 Parcei 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 $87*59'16" W ALONG THE SOUTHERLYLINE OF THE: SOUTHEAST QUARTER OF SAID SECTION 2 A 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"1 W ALONG. SAID: SOUTHERLY! LINE OFT THE: SOUTHEAST QUARTER Al DISTANCE OF 550.00 FEET; THENCE N 02° 40'06" W. A DISTANCE OF: 1133.16 FEET TOA POINT OF NON-TANGENT CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFTA 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 BEARS N 0542'06" EAD DISTANCE OF 68.70 FEETTO 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" EA ALONG SAID: SOUTHERLY LINE AND THE EXTENSION THEREOF. A DISTANCE OF 540.00 FEETTO THE SOUTHEAST CORNER OF SAID TRACT AND. Al POINT ON THE WESTERLY RIGHT-OF-WAY OF U.S. HIGHWAY 385; THENCE S02°40'00" EA 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 ONT THAT SURVEY PLATI 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.  86    Attachments:  X Vicinity Map (8.5"x11")  X Written Narratie/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") tos 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 tablet for all dimensional requirements.  SUBMIT FOUR (4) COMPLETE COPPIES OF APPLICATION. AND ATTACHMENIST TO CITY OF BURLINGTON PLANNING. AND  ZONING COMMISSION, CITY HALL, 41515"STREET, BURLINGTON, cO 80807  Signature(s) Aete nhtdl  Date January 25,2024  Date  87    ANNEXATION. APPLICATION. SUBMITTAL REQUIREMENTS  I.  REQUIRED INFORMATION  It_is 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 included in the area proposed to be annexed, exclusive of streets and alleys. The required format and content of 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  on the petition is valid if dated more than 180 days prior to the date of filing the petition.  X B.  An Annexation Map (four copies): The Annexation Map shall be prepared according to the standards in Colorado Revised Statutes (C.R.S.)31-12-107 as amended from time to time, and shall comply with 1. All maps must bear suitable evidence of the professional qualifications oft thep person ori firmy who prepared the map. All required documents containing land survey descriptions: shallt be certified! by a duly registered 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 in the form oft those monuments found and those set, 4. Section corneri tie. AI minimum oft two (2) section corners, quarter corners or other relevant aliquot corners . 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 shall be contained within said marginal lines, except that the title shall be noted in the upper and lower right corners, outside the margin, for Cityf filing purposes. Incase of three or more sheets, al key maps 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 CR.S.31-12-104, as amended from time tot time; and the actual perimeter boundary distance ofthe areas soughtt tol be annexed, and a calculation oft ther ratio! between the contiguous boundary and the total perimeter boundary in order to establish the 1/6th contiguity requirement as defined by  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.  88    7. Each map: shall be drawn in black, waterproof ink on mylar of good quality.  8. The basis of bearings used int 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 usingf fine dashed lines to include complete legal description (lot and block numbers, outlot and tract names and annexation/subdivsion name or unincorporated Kit Carson 14. Boundary of the annexation designated by a one-eighth inch hatched border applied to the inside of the 15. Line types for annexation boundaries, street right-of-wayl lines ande existing lotl lines shalll beb boldands solid.  County"), including land across adjacent rights-of-ways.  boundary line.  16. Line types for easements shall be denoted byf 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 which includes the words "boundary not determined. " The applicant shall include the name and address of the owner of each such easement and such ownershall 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 be recorded prior to recording of the annexation map, and the agreed upon boundaries shall bei indicated ont the annexation map. 18. Location and dimensions ofa all existing recorded rights-of way showing the centerline of each 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 shall bes shown to readily determine the bearing and length of every boundary line and 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 shall include a chord bearing and distance.  89    20. Alldistances shall be set forth tot the nearest hundredth ofa at foot and bearings to the nearest second.  21. All tracts and outlots shall show net acreage 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 of 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 orm-ackpowledgments, 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 shownont the mapa pandintended for publicuse, except those parcels othert than: streets whicha arei intended for the exclusive use of 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.  Completed Annexation Information Sheet (Attachment B).  D. 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 of those services and facilities to accommodate the development proposed for the property being annexed. The impact report shall be adequate in length to fully explain the need, concepts and proposed solution  for those services impacted:  1. An map or maps of the municipality and adjacent territory to show thei following:  a. The present and proposed boundaries of the municipality ini the vicinity of the proposed annexation; b. The present streets, major trunk 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 in the areat to be annexed.  90    2. Adraft copy of any pre-annexation agreement. If 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 oft the municipality for extending to or otherwise providing for, within the area to be annexed, municipal services performed by or on behalf oft the municipality at the time of annexation (this information must be obtained from City departments responsible for providing municipal services, including the Police Department, Water and Sewer Department, Electric Department, Streets 4. Astatement 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 ont first reading.  Department, and Parks Department).  Department, Electric Department, Streets Department, and Parks Department). . Astatement identifying the existing districts within the area to be annexed.  6. A 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 effect of annexation upont the existing transportation system and proposals tor 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 toi 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 rainfalldrainage, patterns, detentionandi retention areas, storm sewer requirements, discharged irrigation 9. Astatement to the effect of annexation and proposed development on the City Police Department and proposals to mitigate anyi impact upon existing police services, including! but not limitedtoispechalsecurty 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. A statement to the effect of 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 public transit, 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.  91    X E. An ownership and Encumbrance report from at title company and al letter from an attorney certifying that thel landowner and lienholder: signature blocks on the mapa are correct. This report must be current as of the date of filing the petition. The applicant shall provide an updated report within (15) days of the City Council public  hearing ont the annexation ordinance. (ALTA: Survey Provided)  X F.  Three (3) copies of an Environmentally Sensitive Areas Report, The report must identify the presence of anye environmentaly: sensitive: areas and describe conditions of annexation proposed to avoid or mitigate potential impacts on such areas. Environmentally sensitive areas include by definition, irrigation canals 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 other areas possessing environmental characteristics similar to those listed.  X G. Four (4) copies ofa a site plan at as scale not less than 1"=200' of 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 sewer treatment facilities; 3. Location and dimensions of all other physiçal features within and adjacent to the tract to be annexed; 4. Contours of the City datum at vertical intervals of not more: than fivei feet where the: slope is greater than Location and principle dimensions ofa allexisting streets, alleys, easements, lot lines, access points toy public 7. Use of property and outline of any existing deed restrictions, including building setbacks and minimum  following information:  2. Power pole and buried cable locations;  10% and not more than two 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. Openi irrigation canals and ditches; 13. Location of all easements;  3. 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 and public water mains;  16. Existing stormwater drainage patterns; 19. Location of existing fire hydrants.  17. Location and dimension of watercourses and direction ofi flow; 18. Location and dimension of area(s) subject to inundation by stormwater;  X H. Four (4) copies of the following: completed Planning Process Application form (Attachment C); vicinity  map (8kx11"); the annexation map; and the site plan.  X. I. digitalform.  The annexation mapping data, a complete project description, and legal description must bes submitted: in  92    XJ.  $500.00f filing fee, plus $25.00 per acre on gross areal being annexed.  XK One (1)11'x17" photo reduction of the map and thes site plan. A 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  appropriate City representative fora all items waived.  X M. Wetlands Reconnaissance Report prepared by 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  must be depicted on the site plan required under item G above.  X N. A complete 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 0.  Four (4) copies of any annexation agreement, proposed by the petitioner. This agreement would set forth any proposed conditions of annexation in addition to those set forth int thel Petition for Annexation (Attachment A). Examples of such conditions would be provisions to protect environmentally sensitive areas and  requirements to dediçate rights-of-way or easements.  XP. 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! 500f feet oft the property tol be annexed, excluding public rights-  of-way. This information can be obtained from the County Assessor's Office.  XQ. Two (2)d pedafhsetimivmenat 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 ofai fiscal impact report prepared by a qualified person predicting the net fiscal  impact on the City from the development proposal.  S.  Two (2) copies of a report prepared by a qualified person describing in sufficient detail information that the applicant wants to 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  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:  93    a. The resulting development pattern is ini immediate proximity to the City! landscape and facilitates  a concentric 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 growthareas is Transportation connectivity where possibilities for extended street grids and major Logicalgrowth pattern wheret there exists thea ability to create logical expansion ofcurrent  service levels for new area annexed; more economically feasible; collector roadways are enhanced;  Compatible land use exists with City 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 opportuntywhere. economic prospects: are enhanced with added land development potential; Housing inventory increased where developable ground is dediçated to mixed types of housing to meet community demands.  Itsupports sustainable environmental preservation within the community:  Objectives  Avoidance of sprawi, where control of area brought within municipal boundaries may Water qualityi is preserved where control of water, wastewater, ands storm water protects Reduce impact of fringe areas where expansion of Cityl limits allows control of area on the  help mitigate sprawl; Central sanitary services required; water quality;  border oft the municipal boundary.  94    d. Its supports as sustainable 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 plan future development than areas already built; As available resources grow the opportunity to partner with other entities increases.  opportunities to vote on city issues; provided to those on thei fringe areas; unified political voice;  95    Property Owners Affidavit  Paul M. Dwyer  I(we),  being first duly sworn, depose and say  thatl (we) am (are) the current owner of the property involved in this application: that I (we) have read the application and attached plans and other exhibits and are familiar with its contents; and that said  contents are in all respects true and correct based upon my personal knowledge.  Dwner's Signature alb  Owner's Signature (co-owner if any)  Subscribed and sworn to before me this K day of Jawuony  20_24 Et  DEt  Public  SuediNabasa-Gamaral Nolary CLINTBRYANT MyCommission Expires Apil2 23, 2028  Residing in Mek,WE My commission expires: Api/23,2026  Agent Authorization  I(we), Paul M. Dwyer 15 Acres SE/4 2-9S-44W  the owner(s) of the real property located at  in Burlington City, State of CO do hereby appoint  LV Petroleum and/or Reeve & Associates, Inc. LVI Petroleum and/or Reeve & Associates, Inc. City board, commission, or council regarding this application.  as my (our) agent to represent me (us) with to appear on my (our) behalf before any  regard to this application affecting the above described real property, and authorize  M Signature  2  Owner's Signature (co-owner if any) 204P personally: appeared before me Residing in Mclbok NE 2 My commission expires: Ar/23,2026  e  Onthe K. day of Januay  Slate of Nebraska-Genera! Notary CLINTBRYANT My Commission! Expires Ap123,2026  96    ORDINANCE NO. 988  AN ORDINANCE TO AMEND "SOLIDWASTE (REFUSE) AGREEMENT"IN  ORDER TO REVISE SERVICE RATES  WHEREAS, the City Council ofthe City of Burlington approved the 2024 Budget on WHEREAS, the City Council needs toj provide adequate funding for monthly payment ofcontract services provided by Triple H Enterprises LLC of Burlington, Colorado: Such services are for retail collection and disposal of municipal refuse and for maintenance and  December 21st, 2023; and  renewal of contractor's equipment; and  WHEREAS, the City Council is aware, ofthe need to meet certain funding contingency WHEREAS, it is the intent ofthe City Council to, continue to maintain the enterprise status oft the Solid Waste (Refuse). Fund, which is opera as a govemment-owned business;  thresholds for the Solid Waste (Refuse) servic and  and  WHEREAS, the City Council now finds it necessary to increase Retail Refuse rates and fees paid to Triple, H Enterprises LLC to keep in accordance,with the above findings. NOW THEREFORE; BEIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF  BURLINGION, CODORADOA FOLLOWS:  Section 1That paragraph A of Section 7 OF"AGREEMENT FOR COLLECTION AND, DISPOSAL ORRESIDENTIAL WASTB, dated July 01, 2015, betwecn the City of Burlingtonand Triple HEaerpris-LLC, is hereby amended to read as follow: As ofl March1,2024, all Refuse Collection Rates are as follows:  The rate to be charged for trash, rubbish, and garbage removal from residences shall be $15.26 plus $850-Pisposal Tipping fee, plus any additional surcharge, per month per residence. In thecase of multiple family dwellings or in similar cases where Contractor believes this amount to be inadequate to compensate for the service performed, Contractor shall notify the City thereofin writing and such adjustment in the charge may be made as the City may deem advisable. The rates to be charged for trash, rubbish, and garbage removal from residences places and establishments, shall be those established by the City in accordance with the schedule ofcharges, a copy of which is hereto attached as Exhibit A and made a part hereof. The rate to be charged for trash, rubbish, and garbage removal from commercial accounts shall be based on the number of dumpsters, as well as the number ofscheduled pick-ups. The base rate shall be $21.78 plus $8.50 Disposal Tipping fee, plus any additional surcharge, per  97    commercial account. Additional charges shall accrue with each additional dumpster and pick-up as statedin) Exhibit A (Attached). A trash Fuel Adjustment shalll be added to offset some of the fuel costs on all pick-ups. The rates to be charged for trash. rubbish, and garbage removal from business plaçes and establishments. shall be those established by the City in accordance with the schedule of charges, a copy ofwhich  is hereto attached as Exhibit A and made a part hereof.  Section 2. That the City Council hereby finds and declares that an emergency exists and that the public health, welfare, and safety require that this Ordinance shall be and bccome  effective immediately after its final passage and publication.  PASSED. ADOPTED and ORDERED PUBLISHED this 26th day of February 2024  Greg Swiatkowski, Mayor  [SEAL] ATTEST:  Geogia Gilley. City Clerk  STATE OF COLORADO County ofKitCarson CityofBurlington  ) )ss. )  CLERK'S CERTIFICATE  That I, Georgia Gilley, the official City Clerk of the City of Burlington, do by these presents, say that the foregoing Ordinance No. 988 was passed and adopted by the City Council ofthe City ofBurlington on the 26th day ofFebruary, 2024, and that the foregoing Ordinance is a true, correct and full copy ofthe Ordinance as shown in Ordinance Book 13 ofthe records of  the City of Burlington, Burlington, Colorado. Dated this 26th day ofl February 2024.  Georgia Gilley. City Clerk  98    N 6  2  8 N  99    URH COLORADO SINCE 1888  To: From: Date:  City council members Georgia Gilley, Clerk February 26, 2024  My focus continues to be on coordinating the 2024 municipal election coming up Tuesday, April 2. Those electors on the permanent Absentee Voter's list will receive Iam learning more about the Absentee Voter process and subsequently learned that there will be updates proposed to change the state statutes before the next election. Plans are to create the voting space arrangements, need for signage, assistance, voter My election judges list is coming along and will have it completed this week. We have several new employees in the City family that are being processed for Although this report is short in nature, my days have been busy with office work.  their ballots this week.  Things will be changing in the future.  flow, and registration to get voters in and out efficiently.  benefits, timekeeping, email, etc.  100    Public Works Report 2/26/2024  Electric Department: A1 transformer that was ordered last year for Old Town has arrived and the planning for installation has commenced. A planned outage has been planned for the Century Link building, located at the intersection of 13th and Senter, to rebuild the CT meter loop. Since the weather has been drier this past week the Public Works crew was able to finally remove the Christmas lights from the Carousel. Was asked to install a streetlight on South gth street at the entrance of Bomgaars. Locates have been called in and installation should take place within a week. Had a meeting with Damian Berger of Atwell on Tuesday the 20th to discuss progress on the light plant substation. Discussed the power needs and concerns on the south circuit. The upgrade oft the transformers located ini the substation on the east end of town was also discussed. Hired an apprentice, his start date is tentatively set for March4. Parks Department: Daily parks check, including the restrooms at the parks and trash barrels on main street. Maintenance on vehicles and trailers in preparation fori the upcoming mowing season. Assisted Street Department: Hauling loads of tree limbs and trash to the county land fill. Patched potholes. Bladed alleys and the industrial park. Assisted with taking down the lights at the carousel. Taking measurements of asphalt laid last year to plan to crack seal between new: street and the curb and gutter at the middle school, elementary school and east on Webster from gth street to the "Y" park. Water/V Wastewater: Continuing with lead and copper inventory to meet new. regulations set by the state. GPS water meters. Maintenance on all the peristaltic pumps and the injectors. Flushed sewers on north side of town. EPA requested samples for PFAS. Watched a webinar on REG1 100 updates and howi it will affect a water system ORC bothi treatment and distribution. Assisted with carousel lights.  other departments when needed.  101    COLORADO SINCE 1888  www.bourington.com  415 15th Street Burlington, CO 80807 Phone 719-346-8652 Fax 719-346-8397  To: City Council From: Becky Castillo, City" Treasurer Date: 2/23/2024 Re: Treasurer's Report  Utility meters are physically read and billed monthly. Utility bills are due by the 15th of each month or else a 10% penalty is applied to the unpaid account balance. Shut off occurs on the 25th or next business day ifi it falls on a weekend or holiday and has an additional penalty of $70. We are working to adjust the amount of the penalty to Utility payments can be made at Xpressbillpay.com. or dropped off at City Hall Monday - Friday 7-4. There are new phone numbers for Xpress bill pay and a new feature of guest checkout option that is now available if you don't wish to set up an account. Visit our website for updated information on payment processing or give us acall at City Hall and we can pass the information on directly. Drop box at City Hall Process payroll on a bi-weekly basis, payroll taxes, and monthly Utility and Airport Auditors have sent out their list ofi items and reports to start preparing for the upcoming audit in May. Have started gathering the program software contracts to  benefit the city and customers better moving forward.  isa available 24 hours/7 days a week.  Sales tax.  pass on when requested. Process accounts payable weekly. Process payroll on a bi-weekly basis.  ColoTrust interest rates dropped very minimally again. Interest rates for ColoTrust Outback bus has had some more repairs and is back to running as smoothly as possible for now. We are still eagerly awaiting our new busl!  are currently 5.49%.  102    ITR  Burlington Colorado'  14111 US Highway 385  Burlington CO 80807  719.346.5352  Council Report 2.26.24  Taxiway Reconstruction  Project will be Advertised and Bid in March Federal grant application has been filed Generator grant and taxiway reconstruction Federal grant application has been filed Working on flyers to promote our flight simulator  Education/outreach BILTerminal Grant  Planning a fly-in/open house  We did not receive the $163,000 terminal improvement grant  January 2024 Fuel  January 2023 Fuel Total- 2,486.22 Gallons Avgas- 801.71 Gallons Jet fuel- 1,684.51 Gallons Gross sales- $ 19,820.38  Total- 3,656.88 Gallons Avgas- 859.13 Gallons Jet fuel- 2,797.75 Gallons Gross sales- $1 17,778.32  "Eastern Colorado's Premier Aviation Experience"  103    ECONOMIC DEVELOPMENT REPORT FROM ROL  There is presently a bill int the Colorado Senate (Bill 24-159) drafter by Sen. Jaquez Lewis, D-Boulder, that, if passed, will be ab ban on drilling new gas and oil wells in Colorado  in: 2030.  The proposal to ban new oil and gas wells in a state with the country's fourth-largest Ina addition tot the prohibition of newwells, the bill would impose liability for decommissioning wells, making Colorado a more hostile environment for energy  oil and gas reserves.  production.  In our opinion, no state can afford to lose a major export without enduring unemployment and all that goes with it. Yet, the Lewis bill uses the exportation of energy las rationale for the ban because the industry produces four times more natural gas, and  two times more oil than Coloradans use. supports more than 300,000 Colorado jobs.  Oil and gas production in Colorado accounts for a $48 billion dollar industryt that There are approximately 50,000 wells operating in Colorado at the present time. Generally speaking, wells can operate for 30 years, their highest production occurs int their first 18 months, meaning the industry would begin an irreversible decline within two years of such a ban, according to Colorado Oil and Gas Association President and CEO  Dan Haley.  lami reporting the proposed legislation to you as it, if passed, could have a dramatic The USDA has released the 2022 Census of Agricutture. l'am going to share with you There were 36,056 farms and ranches in Colorado (down 7.3% from 2017) with lan Family owned and operated farms accounted for 79.5% of all Colorado farms and Colorado farms and ranches produced $9.22 billion in ag products, up from $7.49 billion in 2017. Average farm income rose to $50,692. A1 total of 34.8% of Colorado farms  effect on the entire state.  the highlights for the State of Colorado. average size of 838 acres. operated 53.7% of land int farms.  had positive net cash farm income in 2022.  104    Colorado farms withi internet access continued to riset from 81% in 2017 to8 83.2%in Atotal of 4,960 Colorado farms and ranches used renewable energy producing In 2022, there were. 2,425 Colorado farms that sold directly to consumers, with The 1,000 farms with sales of $1 million or more were: 2.8% of Colorado farms and 23.1% of farmland. They sold more than 82% of all agricultural products in Colorado. The average aged of all Colorado producers was 58.3, up. .7of a year from 2017. The number of Colorado producers under age 35 was! 5,439, comprising 8% of all producers. In 2022, the: 27,746 female producers accounted or 40.9% of all Colorado producers. Sixty-nine percent of all Colorado farms had at least one female decision  2022.  systems compared to 4,609 in 2017. This represents an increase of 7.6%.  sales of $30.3 million.  maker.  Overall, some veryinteresting and informative data from the USDA. Ithink) you may be somewhat surprised when you go through the information  compiled by this government agency.  105    Burlington Police Department Council Report February 26, 2024  Officers with Burlington Police Department completed evidence recovery and processing training. The Police Department submitted a community event enhancement, grant to the Colorado Judicial Department Restorative. Justice Community Engagement Micro-Grant program. Ifg given the grant we will be purchasing equipment: for us and other city departments to uset for their community outreach events. The Police Department will be completing our: 2023 Colorado POST In Service, comtinuingeducatlongent  We will be applying for our the same grant in 2024; tater this spring.  Officer MçKay completed his field training program. Officer McKay fits in well at the police department and  has been busy on patrol working night shifts sO far.  Lyn Danner who has been with the Burlington Police Department since April 1996 has decided to move up toi the Severance area to be closer to her husband who works in' Wyoming and her mother and sister who  livei int that area. We will miss Lyn very much.  Neighborhood Services Officer Chris Flatt has also decided to retire from the Police Department. Chrisi is still volunteering at the dog pound and will be traveling back andi forthi from here to Oregan to see his daughter who recently got married and her family and manage his properties there.  Our new Office Clerk, Jordan Green had her first day with the PD on Friday, February: 23"4. Jordan will be training with Lyn for the next couple of weeks. Jordan is great addition to the PD team and we're excited to  havel her here.  Our new Neighborhood Service person Sadie Zahradka will be beginning with the PD on Tuesday, February 27". Sadie will be spending the first couple weeks cross training with Lyn as well to provide support to that position as well as to be able tot fill in during any vacations or other leave. Sadie has previous educationin the area of evidence collection and crime scene processing and will be helping sworn staff with those duties on an as needed basis. Sadie will also be learning all of her primary job duties for code enforcement and animal control. Sadie is a great addition, and we are excited to have her joining the PD1 team as well. Our newest Police Officer Cadet Brandon Coffee joins the PD on Monday, February 26". Brandon will be training with al Field Training Officer and will help out with several duties at the Police Department prior to beginning the next academy available in May. Brandon is a great addition to the PD1 team, and wei are  excited to have him.  106    February 2024 City Council Report-Old Town Museum  Working on concept and budget for our Smithsonian companion exhibit and required "conversation events" for 2024. Initial meeting with exhibit designer, Rand Hood, was: 2/16/24, and there were lots of great ideas discussed. We are looking closely at design elements and budget. There will be need for funding support from outside the city.la am looking into grant applications and requests to local organizations. Planning isi ini the works for School Days in May. Letters have been sent to area schools for the May 7th & 8the event. So far, we have seven: schools signed up to Our new custodial staff person started on Feb 6th and she has hit the ground running, getting familiar with the property and establishing a good routine of custodial We hosted a portion of the annual No-Til conference here, providing space for key note speakers and serving of lunch on Feb 6th8 &7th. Tyson and his staff did a great job, and we are thankful to have the foot traffic in an otherwise slow time of the We are still working on getting all of the Christmas lights and décor put away. The only delay is the grass area ground is still too soft to take the lift out on to get ini the trees. We hope to get that done in the next 2-3 weeks. Springheagelomamenta:  attend, totaling over 300 students.  maintenance.  year.  grass trimming has begun to prepare for the: summer.  lattend an online social media training offered through the Colorado Tourism office on 2/15/24. It was at two-hour training and was quite informative. lalso attended: a Destination Stewardship meeting with the Colorado Tourism office to learn about  newi initiatives that the CTO is rolling out.  February revenue is tracking to exceed that of 2023, but with 10 days left ini the month its too early to say for sure. It has been a good month! however.  107    -    ROAV  COLORADO SINCE 1888  3405-14"stBurington, CO 80807 Tel:(719,346-8918 Fax:719)346-8982 yson.wesshaar@burlingtoncolo.com  Burlington Activities  Department  February 20, 2024  * 5on 5 basketball is quickly approaching the end oft the season. 1/2 grades will wrap up with their last game on Sunday (2/25). The 3/4 giris and boys divisions will finish on March 2nd and the 5/6 girls and boys finish on March 3r, with the 3rd Annual Burlington Youth Invitational Tournament. Wewill have ai total of 18 games on both days of the tournament, or 36 games over the weekend. A great way to finish the 5 on 5 basketball 3/4 Girls -) Burlington (2 teams), Idalia, Holyoke; 3/4 Boys - Burlington (4 teams). Colby, Wray 5/6 Girls - Burlington, Colby, Idalia; 5/6 Boys - Burlington (4 teams), Cheyenne Wells, NWK Gold,  program. Below is the breakout for teams in each division:  Oakley  1 We are currently running registrations for Youth Soccer and Youth Volleyball. Soccer is for ages 2-12 with multiple divisions, while volleyball is for 5th & 6"h grades. The deadline to register for both programs is Monday. February 26th. We currently have 41 signed up for soccer and 3 signed up for volleyball. These - Flyers and registrations will soon be out for summer baseball & softball. Iwill be attending the East Central League meetings for Babe Ruth/Cal Ripken leagues the first week of March. Iwill also be attending the 1 The No Till conference was a huge success once again. With the great weather we experienced during the two-day event, we saw an increase in attendees compared to a normal year. Day one, wel had 420 and day two, we had 510. Everything went extremely well. Ibelieve the only complaint I heard stemmed from day one, when rooms got too hot as we had to turn on the AC after lunch. Day two we turned them on before llam, which prevented the rooms from getting too warm. We have them booked for next year, February 4th & 5th.  programs will begin the week after spring break in March.  Colorado State Babe Ruth/Cal Ripken meeting on April 7th in Limon.  Martial Arts - year-round program. $80 for the first student, $40 for the second student in same family, and $20 per additional student in same family. We collect all fees and keep 15%. They Soul Steppin' Studio Dance classes are held on Thursdays and began on September 14. There are at total of6 65 students involved in the dance program this year, which is a fantastic turnout!  are consistent with their participation numbers with roughly 40 participants. We collect 15% oft the monthly registration fees for this program.  Other Activities in the works: Rentals of Community Center, 5 on 5 Basketball, Youth Invitational Tournament, Youth Soccer, Youth Volleyball, Summer Baseball/Softball registration forms, Summer Day  Camps, Hiring summer staff, Swimming Pool preparation  108    The Library 2/26/24  Grants Programs  New Books will be purchased by the state until. June Continue to hold 5 regular programs a week Averaging about 8 people per program Alsooffer special programs throughout the month Science Day, Teatime, Homeschool Events Started Silent Book Club Restarted Mommy and Me Book Club Preparing for Summer Reading Theme: Adventure Starts at the Library Begun purchasing supplies and scheduling programs  Professional Development  Attended the CLiC Virtual Winter Workshops Good ideas about displaying books Rearranged some shelving for a better flow Met with David Vinjamuri to discuss signage within the library Hoping to have a space audit near the end of March with CLiC - March- Iv will be certified to hold Ageless Grace Seminars at the library  Continue to help people daily  Preparing for Chantel to go on maternity leave  Checkouts: 1301 Visits: 802 people Programs: 11 for 90 people Nick McCarty-Daniels  109