HomeMy WebLinkAbout20130234.tiffFirestone
A Community
In Motion
Clerk of the Weld County Board
of County Commissioners
P.O. Box 758
Greeley, CO 80632
Frederick Firestone Fire Protection District
P.O. Box 129
Frederick, CO 80530
St. Vrain Sanitation District
P.O. Box 417
Longmont, CO 80502
St. Vrain Valley School District
395 South Pratt Parkway
Longmont, CO 80501-6499
Central Weld County Water District
2235 2nd Avenue
Greeley, CO 80631
Carbon Valley Recreation District
701 5th Street
Frederick, CO 80530
St. Vrain and Left Hand Water Conservancy District
9595 Nelson Rd, Box C
Longmont, CO 80501
Northern Colorado Water Conservancy District
P.O. Box 679
Loveland, CO 80539
Central Weld County Water Conservancy District
3209 W. 28th Street
Greeley, CO 80634
Dear Sir or Madam:
January 18, 2013
Bruce Barker, Esq.
Weld County Attorney
915 10th Street
Greeley, CO 80632
Platteville-Gilcrest Fire Protection District
P.O. Box 407
Platteville, CO 80651
Town of Frederick
P.O. Box 435
Frederick, CO 80530
City of Dacono
P.O. Box 186
Dacono, CO 80514
Weld Library District
2227 23rd Avenue
Greeley, CO 80631
Left Hand Water District
P.O. Box 210
Niwot, CO 80544
High Plains Library District
2650 W. 29th Street
Greeley, CO 80631
Weld County School District RE -1
P.O. Box 157
Gilcrest, CO 80623
Aims Junior College District
c/o Aims Community College
P.O. Box 69
Greeley, CO 80632
Enclosed please find notification of a proposed annexation to the Town of Firestone, Colorado, to be known as
the Kurtz Ranch Annexation Nos. 1 and 2. The Public Hearing on the proposed annexation is scheduled for
Wednesday, February 13, 2013 at 6:30 p.m., as described in the enclosed Resolution No. 13-01. Also enclosed
is a copy of the Petition for Annexation as filed and the notice published in the Daily Times -Call on January
14, 21 and 28, and February 4, 2013.
I AL'btu l -CIA)
TOWN OF FIRESTONE, COLORADO
Rebecca Toberman, Town Clerk
151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520
(303) 833-3291 • fax (303) 833-4863
2013-0234
RESOLUTION NO. 13- O 1
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN
ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE,
COLORADO, KNOWN AS THE KURTZ RANCH ANNEXATION NOS. 1 AND 2
TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING
THEREON.
WHEREAS, a petition for annexation of certain property to be known as the Kurtz Ranch
Annexation Nos. 1 and 2 has been filed with the Town Clerk of the Town of Firestone, Colorado,
and referred to the Board of Trustees of the Town for a determination of substantial compliance with
applicable law; and
WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the
subject property for annexation and zoning, if requested in the petition; and
WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by
Resolution its findings in regard to the petition.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The petition, the legal description for which is attached hereto as Exhibit A
and incorporated herein by reference, is in substantial compliance with the applicable laws of the
State of Colorado.
Section 2. No election is required under § 31-12-107(2), C.R.S.
Section 3. No additional terms and conditions are to be imposed within the meaning of
Sections 31-12-107(1)(g), -110(2) or -112, C.R.S.
Section 4. The Board of Trustees will hold a public hearing for the purpose of
determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S.,
and will hold a public hearing to determine the appropriate zoning of the subject property, if
requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520,
on Wednesday, February 13, 2013 at 6:30 p.m.
Section 5. Any person may appear at such hearing and present evidence relative to the
proposed annexation, or the proposed zoning if requested in the petition.
Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by
resolution, its findings and conclusions with reference to the eligibility of the proposed annexation,
and whether the statutory requirements for the proposed annexation have been met, and further, will
determine the appropriate zoning of the subject property if requested in the petition.
1.
Section 7. If the Board of Trustees concludes, by resolution, that all statutory
requirements have been met and that the proposed annexation is proper under the laws of the State of
Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to
the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested
in the petition.
Section 8. Resolution No. 12-42 is hereby repealed.
INTRODUCED, READ, and ADOPTED this 2n° day of January, 2013.
ATTEST:
fuit-ct
Rebecca Toberman
Town Clerk
12/28/2012 11858 AM (kml1SAFiraemne AnnexationVWnz Ranch\SuhComp.rc. (2UU)doc
2
C l l
Chad Auer
Mayor
EXHIBIT A
LEGAL DESCRIPTION
Kurtz Ranch Annexation Nos. 1 and 2
A description of the KURTZ RANCH ANNEXATIONS located in Sections 16, 17, 20, 21, 28, 29,
32 and 33, T3N, R67W of the 6th P.M., in Weld County, Colorado.
LEGAL DESCRIPTION - KURTZ RANCH ANNEXATION NO. 1
A tract of land located in Sections 21, 28, 29, 32 and 33, T3N, R67W of the 6th P.M., County of
Weld, State of Colorado, described as follows:
COMMENCING at the SE Corner of the Wl/2 of the El/2 of said Section 32 from which the NE
Corner of said W1/2 of the E1/2 of Section 32 bears N00°43'43"W, 5282.52 feet (Basis of
Bearing); thence N00°43'43"W, 1709.75 feet along the East Line of said W1/2 of the E1/2 of
Section 32 to a Northerly Line of Heintzelman Pit Annexation No. 2 to the Town of Firestone
and the POINT OF BEGINNING;
Thence S89°16'17"W, 30.00 feet along said Northerly Line being also contiguous with the Town
of Firestone Corporate Boundary to the Westerly Right -of -Way Line of Weld County Road 17;
Thence N00°43'43"W, 3573.20 feet along said Westerly Right -of -Way Line of Weld County
Road 17 to the South Line of the SEl/4 of said Section 29;
Thence N00°20'59"W, 30.00 feet continuing along said Westerly Right -of -Way Line of Weld
County Road 17 to the Northerly Right -of -Way Line of Weld County Road 28;
Thence 589°55'18"E, 1366.36 feet along said Northerly Right -of -Way Line of Weld County
Road 28 to the West Line of the SW1/4 of said Section 28 being also the Centerline of Weld
County Road 17;
Thence N00°48'50"W, 2590.35 feet along said West Line of the S'W1/4 of Section 28 being also
said Centerline of Weld County Road 17 to the SW Corner of the NW1/4 of said Section 28;
Thence N00°48'50"W, 667.34 feet along the West Line of said NWl/4 of Section 28 and
continuing along said Centerline of Weld County Road 17 to an angle point thereon;
Thence NI1°03'07"E, 361.73 feet continuing along said Centerline of Weld County Road 17 to
the Centerline of the Former Union Pacific Railroad;
Thence N29°41' 19"E, 4184.63 feet along said Centerline of the Former Union Pacific Railroad
to a point of curve to the left thereon;
3
Thence 590.43 feet along the arc of said curve continuing along said Centerline of the Former
Union Pacific Railroad, said arc having a radius of 3819.83 feet, a central angle of 8°51'22", and
being subtended by a chord which bears N25°15'38"E, 589.84 feet to a non -tangent point;
Thence 569°10'04"E, 100.00 feet to a non -tangent point of curve to the right on the Easterly
Right -of -Way Line of said Former Union Pacific Railroad;
Thence 605.89 feet along the arc of said curve concave to the Northwest, along said Easterly
Right -of -Way Line of the Former Union Pacific Railroad, said arc having a radius of 3919.83
feet, a central angle of 8°51'22", and being subtended by a chord which bears S25°15'38"W,
605.29 feet to a point of tangency;
Thence S29°41'19"W, 2277.17 feet continuing along said Easterly Right -of -Way Line of the
Former Union Pacific Railroad to an angle point thereon on the North Line of the NW1/4 of said
Section 28;
Thence N89°58'02"W, 28.77 feet along said North Line of the NW1/4 of Section 28 and
continuing along said Easterly Right -of -Way Line of the Former Union Pacific Railroad to an
angle point thereon;
Thence S29°41'19"W, 2021.74 feet continuing along said Easterly Right -of -Way Line of the
Former Union Pacific Railroad to the Easterly Right -of -Way Line of said Weld County Road 17;
Thence S11 °03'07"W, 212.88 feet along said Easterly Right -of -Way Line of Weld County Road
17 to an angle point thereon;
Thence S00°48'50"E, 664.72 feet continuing along said Easterly Right -of -Way Line of Weld
County Road 17 to the North Line of the SW 1/4 of said Section 28;
Thence S00°48'50"E, 2620.36 feet continuing along said Easterly Right -of -Way Line of Weld
County Road 17 to the North Line of the NW1/4 of said Section 33
Thence S00°35'13"E, 30.00 feet continuing along said Easterly Right -of -Way Line of Weld
County Road 17 to the Southerly Right -of -Way Line of said Weld. County Road 28;
Thence N89°50'46"W, 30.00 feet along said Southerly Right -of -Way Line of Weld County Road
28 to the Northeast Corner of Heintzelman Pit Annexation No. 3 to the Town of Firestone;
Thence N89°55' 18"W, 1306.52 feet continuing along said Southerly Right -of -Way Line of Weld
County Road 28 being also the Northerly Line of said Heintzelman Pit Annexation No. 3 to the
Town of Firestone and being also contiguous with the Town of Firestone Corporate Boundary to
said Easterly Right -of -Way Line of Weld County Road 17, being also the Northwest Corner of
said Heintzelman Pit Annexation No. 3 to the Town of Firestone;
4
Thence S00°43'43"E, 617.61 feet along said Easterly Right -of -Way Line of Weld County Road
17 being also the Westerly Line of said Heintzelman Pit Annexation No. 3 to the Town of
Firestone and being also contiguous with the Town of Firestone Corporate Boundary;
Thence leaving said Westerly Line of the Heintzelman Pit Annexation No. 3 to the Town of
Firestone S00°43'43"E, 413.15 feet and continuing along said Easterly Right -of -Way Line of
said Weld County Road 17 to said Westerly Line of the Heintzelman Pit Annexation No. 3 to the
Town of Firestone;
Thence S00°43'43"E, 2511.59 feet continuing along said Easterly Right -of -Way Line of said
Weld County Road 17 being also said Westerly Line of the Heintzelman Pit Annexation No. 3 to
the Town of Firestone and being also contiguous with the Town of Firestone Corporate
Boundary to said Northerly Line of Heintzelman Pit Annexation No. 2 to the Town of Firestone;
Thence S89°16'17"W, 30.00 feet along said Northerly Line of Heintzelman Pit Annexation No. 2
to the Town of Firestone and being also contiguous with the Town of Firestone Corporate
Boundary to the POINT OF BEGINNING.
Area = 838,258 square feet (19.244 acres), more or less.
LEGAL DESCRIPTION - KURTZ RANCH ANNEXATION NO.2
A tract of land located in Sections 16, 17, 20, 21, 28, and 29, T3N, R67W of the 6th P.M.,
County of Weld, State of Colorado, described as follows:
COMMENCING at the SE Corner said Section 29 from which the El/4 Corner of said Section
29 bears N00°48'50"W, 2620.36 feet (Basis of Bearing); thence N00°48'50"W, 30.00 feet along
the East Line of the SE1/4 of said Section 29 to the Northerly Right -of -Way Line of Weld
County Road 28 being also a Northerly Line of Kurtz Ranch Annexation No. 1 and the POINT
OF BEGINNING;
Thence N89°55'18"W, 30.00 feet along said Northerly Right -of -Way Line of Weld County Road
28, being also said Northerly Line of Kurtz Ranch Annexation No. 1, and being also contiguous
with the Town of Firestone Corporate Boundary to the Westerly Right -of -Way Line of Weld
County Road 17;
Thence N00°48'50"W, 2590.32 feet along said Westerly Right -of -Way Line of Weld County
Road 17 to the South Line of the NE1/4 of said Section 29;
Thence N00°48'50"W, 1040.74 feet continuing along said Westerly Right -of -Way Line of Weld
County Road 17 to the Westerly Right -of Way Line of the Former Union Pacific Railroad;
Thence N29°41'19"E, 59.10 feet along said Westerly Right -of Way Line of the Former Union
Pacific Railroad to an angle point thereon on the West Line of the NW 1/4 of said Section 28;
5
Thence N00°48'50"W, 98.51 feet along said West Line of the NWl/4 of Section 28 and
continuing along said Westerly Right -of Way Line of the Former Union Pacific Railroad to an
angle point thereon;
Thence N29°41' 19"E, 2694.43 feet continuing along said Westerly Right -of Way Line of the
Former Union Pacific Railroad to the Northeasterly Corner of the Parcel described at the
Warranty Deed recorded October 1, 1974 in Book 724 at Reception No. 1645816 of the Weld
County records;
Thence N60°18'41 "W, 45.00 feet along the Northerly Line of said Parcel described in Book 724
at Reception No. 1645816 to the Northwesterly Corner thereof;
Thence S29°41'19"W, 980.89 feet along the Westerly Line of said Parcel described in Book 724
at Reception No. 1645816 to the Northerly Right -of -Way Line of Colorado State Highway 66;
Thence Westerly along said Northerly Right -of -Way Line the following eight (8) courses:
1) N68°10'l6"W, 23.26 feet;
2) N87°14'13"W, 811.26 feet;
3) N87°14'13"W, 494.45 feet;
4) N00°17'29"E, 40.00 feet;
5) N89°42'31"W, 325.00 feet;
6) S85°07'36"W, 777.58 feet;
7) N89°42'31 "W, 794.26 feet;
8) N63°23'14"W, 44.97 feet to the Easterly Right -of -Way Line of said Weld County Road
17;
Thence Northerly along said Easterly Right -of -Way Line of Weld County Road 17 the following
thirty-two (32) courses:
1) N03°01'10"E, 768.01 feet to a point of curve to the left;
2) 271.48 feet along the arc of said curve, said arc having a radius of 1230.00 feet, a central
angle of 12°38'45", and being subtended by a chord which bears N03°18'12"W, 270.93
feet to a point of tangency;
3) N09°37'35"W, 156.42 feet to the North Line of the SW1/4 of the SE1/4 of said Section
20;
6
4) Continuing N09°37'35"W, 153.40 feet to a point of curve to the right;
5) 353.63 feet along the arc of said curve, said arc having a radius of 1835.00 feet, a central
angle of 11°02'30", and being subtended by a chord which bears N04°06'20"W, 353.08
feet to a point of tangency;
6) N01 °24'55"E, 301.78 feet to a point of curve to the left;
7) 164.11 feet along the arc of said curve, said arc having a radius of 1730.00 feet, a central
angle of 5°26'07", and being subtended by a chord which bears N01 °18'08"W, 164.05
feet to a point of tangency;
8) N04°01' 12"W, 237.84 feet to a point of curve to the right;
9) 438.88 feet along the arc of said curve, said arc having a radius of 6070.00 feet, a central
angle of 4°08'34", and being subtended by a chord which bears N01°56'55"W, 438.79
feet to a point of compound curve to the right;
10) 265.42 feet along the arc of said curve, said arc having a radius of 515.00 feet, a central
angle of 29°31'43", and being subtended by a chord which bears N14°53' 14"E, 262.49
feet to a point of compound curve to the right;
11)170.78 feet along the arc of said curve, said arc having a radius of 1645.00 feet, a central
angle of 5°56'54", and being subtended by a chord which bears N32°37'32"E, 170.71 feet
to a point of compound curve to the right;
12) 95.59 feet along the arc of said curve, said arc having a radius of 1645.00 feet, a central
angle of 3°19'46", and being subtended by a chord which bears N37°15'52"E, 95.58 feet
to a point of tangency;
13) N38°55'45 "E, 402.08 feet to a point of curve to the right;
14)176.73 feet along the arc of said curve, said arc having a radius of 770.83 feet, a central
angle of 13°08'10", and being subtended by a chord which bears N45°29'50"E, 176.34
feet to a point of compound curve to the right;
15)195.62 feet along the arc of said curve, said arc having a radius of 465.00 feet, a central
angle of 24°06' 12", and being subtended by a chord which bears N64°07'01 "E, 194.18
feet to a point of tangency;
16) N76° 10'06"E, 176.69 feet to a point of curve to the left;
7
17) 238.20 feet along the arc of said curve, said arc having a radius of 755.00 feet, a central
angle of 18°04'36", and being subtended by a chord which bears N67°07'49"E, 237.21
feet to a point of tangency;
18) N58°05'31 "E, 202.72 feet to a point of curve to the left;
19) 420.97 feet along the arc of said curve, said arc having a radius of 1200.00 feet, a central
angle of 20°06'00", and being subtended by a chord which bears N48°02'31 "E, 418.82
feet to a point of tangency;
20)N37°59'31"E, 260.73 feet;
21)N39°51'46"E, 422.00 feet;
22)N37°35'20"E, 176.62 feet to a point of curve to the left;
23)178.03 feet along the arc of said curve, said arc having a radius of 680.00 feet, a central
angle of 15°00'01", and being subtended by a chord which bears N30°05' 19"E, 177.52
feet to the North Line of the NE1/4 of said Section 20;
24)140.28 feet, continuing along the arc of said curve, said arc having a radius of 680.00
feet, a central angle of 11°49'12", and being subtended by a chord which bears
N16°40'43"E, 140.03 feet to a point of compound curve to the left;
25) 209.10 feet along the arc of said curve, said arc having a radius of 2265.00 feet, a central
angle of 5°17'22", and being subtended by a chord which bears N08°07'25"E, 209.03 feet
to a point of tangency;
26) N05°28'44"E, 252.23 feet to a point of curve to the left;
27) 216.27 feet along the arc of said curve, said arc having a radius of 2505.00 feet, a central
angle of 4°56'48", and being subtended by a chord which bears NO3°00'20"E, 216.20 feet
to a point of tangency;
28) N00°31'57"E, 1104.13 feet to a point of curve to the right;
29) 207.28 feet along the arc of said curve, said arc having a radius of 1440.00 feet, a central
angle of 8°14'51", and being subtended by a chord which bears N04°39'22"E, 207.10 feet
to a point of tangency;
30) N08°46'48"E, 246.16 feet to a point of curve to the left;
31) 201.87 feet along the arc of said curve, said arc having a radius of 1300.00 feet, a central
angle of 8°53'49", and being subtended by a chord which bears N04° 19'53"E, 201.66 feet
to a point of tangency;
8
32) N00°07'01"W, 53.78 feet to the North Line of the SW1/4 1 /4 of said Section 16;
Thence 589°5123"E, 2536.65 feet along said North Line of the SW1/4 of Section 16 to the C1/4
Corner of said Section 16;
Thence NOO°44'07"W, 2316.01 feet along the West Line of the NE1/4 of said Section 16 to the
Southerly Line of Lot 9, State Subdivision according to the plat recorded August 24, 1940 in Plat
Book 7 at Page 6 of the Weld County records;
Thence Westerly along said Southerly Line of said Lot 9 the following two (2) courses:
1) $64°14'22"W, 155.21 feet;
2) N66°26'25"W, 912.35 feet to the Southerly Right -of -Way Line of Weld County Road 34;
Thence Easterly along said Southerly Right -of -Way Line of Weld County Road 34 the following
three (3) courses:
1) S89°54'25"E, 1717.26 feet to a point of curve to the right;
2) 56.96 feet along the arc of said curve, said arc having a radius of 458.97 feet, a central
angle of 7°06'36", and being subtended by a chord which bears S86°01'49"E, 56.92 feet
to a point of tangency;
3) S82°28'31"E, 792.61 feet to the Easterly Right -of -Way Line of said Former Union
Pacific Railroad;
Thence Southerly along said Easterly Right -of -Way Line of said Former Union Pacific Railroad
the following four (4) courses:
1) S10°38'19"W, 5218.42 feet to the South Line of the SE1/4 of said Section 16;
2) S89°41'45"E, 25.41 feet along said South Line of the SEl/4 of Section 16;
3) S 10°38'19"W, 2143.49 feet to a point of curve to the right;,
4) 567.36 feet along the arc of said curve, said arc having a radius of 3919.83 feet, a central
angle of 8°17'35", and being subtended by a chord which bears S14°47'06"W, 566.86 feet
to a non -tangent point on the East Line of the SW 1/4 of said Section 21;
Thence SOO°5420"E, 2619.11 feet along said East Line of the SW1/4 of Section 21 to said
Northerly Right -of -Way Line of Colorado State Highway 66;
9
Thence N89°58'02"W, 1300.54 feet along said Northerly Right -of -Way Line of Colorado State
Highway 66 to the Easterly Line of the Parcel described in the Quitclaim Deed recorded January
16, 1937 in Book 1004 at Page 239 of the Weld County records;
Thence N00°54'07"W, 263.19 feet along said Easterly Line the Parcel described in Book 1004 at
Page 239, to said Easterly Right -of -Way Line of the Former Union Pacific Railroad being also a
point on the Easterly Line of Kurtz Ranch Annexation No. 1;
Thence Northerly along said Easterly Right -of -Way Line of the Former Union Pacific Railroad
being also said Easterly Line of Kurtz Ranch Annexation No. 1, and being also contiguous with
said Corporate Boundary of the Town of Firestone the following two (2) courses:
1) N29°41'19"E, 1939.82 feet to a point of curve to the left;
2) 605.89 feet along the arc of said curve, said arc having a radius of 3919.83 feet, a central
angle of 8°51'22", and being subtended by a chord which bears N25°15'38"E, 605.29 feet
to a non -tangent point;
Thence N69°10'04"W, 100.00 feet along the Northerly Line of said Kurtz Ranch Annexation No.
1, and being also contiguous with said Corporate Boundary of the Town of Firestone to a non -
tangent point of curve to the right on the Westerly Line of said Kurtz Ranch Annexation No. 1,
being also the Centerline of said Former Union Pacific Railroad;
Thence Southerly along said Westerly Line of Kurtz Ranch Annexation No. 1, and being also
contiguous with said Corporate Boundary of the Town of Firestone the following five (5)
courses:
The following two courses being also said Centerline of the Former Union Pacific Railroad:
1) 590.43 feet along the arc of said curve concave to the Northwest, said arc having a radius
of 3819.83 feet, a central angle of 8°51'22", and being subtended by a chord which bears
S25°15'38"W, 589.84 feet to a point of tangency;
2) S29°41'19"W, 4184.63 feet to the Centerline of said Weld County Road 17;
The following three courses being also along said Centerline of Weld County Road 17:
3) S 11°03'07"W, 361.73 feet to West Line of the NW1/4 of said Section 28;
4) S00°48'50"E, 667.34 feet along said West Line of the NW1/4 of Section 28 to the El/4
Corner of said Section 29;
5) S00°48'50"E, 2590.35 feet along said East Line of the SEI./4 of Section 29 to the POINT
OF BEGINNING.
10
Area = 37,279,800 square feet (855.826 acres), more or less.
11
PETITION FOR ANNEXATION
TO: THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO
We, the undersigned landowners, in accordance with Colorado law, hereby petition the Town of
Firestone and its Board of Trustees for annexation to the Town of Firestone of the
unincorporated territory, the legal description of which is attached hereto as Exhibit A and
incorporated herein by this reference, located in the County of Weld and the State of Colorado,
and to be known as the Kurtz Ranch Annexation to the Town of Firestone.
As part of this petition, your petitioners further state to the Board of Trustees that:
1. It is desirable and necessary that the territory described in Exhibit A be annexed
to the Town of Firestone.
2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist
or have been met in that:
a. Not less than one -sixth of the perimeter of the area proposed to be
annexed is contiguous with the Town of Firestone or will be contiguous
with the Town of Firestone within such time as required by Section 31-12-
104.
b. A community of interest exists between the area proposed to be annexed
and the Town of Firestone.
c. The area proposed to be annexed is urban or will be urbanized in the near
future.
d. The area proposed to be annexed is integrated with or is capable of being
integrated with the Town of Firestone.
e. No land within the boundary of the territory proposed to be annexed which
is held in identical ownership, whether consisting of one tract or parcel of
real estate or two or more contiguous tracts or parcels of real estate, has
been divided into separate parts or parcels without the written consent of
the landowner or landowners thereof, unless such tracts or parcels were
separated by a dedicated street, road, or other public way.
f. No land within the boundary of the area proposed to be annexed which is
held in identical ownership, whether consisting of one tract or parcel of
real estate or two or more contiguous tracts or parcels of real estate,
comprises twenty acres or more, and which, together with the buildings
and improvements situated thereon, has an assessed value in excess of two
1 EXHIBIT M
hundred thousand dollars ($200,000.00) for ad valorem tax purposes for
the year next preceding the annexation, has been included within the area
proposed to be annexed without the written consent of the landowner or
landowners.
g•
No annexation proceedings have been commenced for any portion of the
territory proposed to be annexed for the annexation of such territory to
another municipality.
h. The annexation of the territory proposed to be annexed will not result in
the detachment of area from any school district.
The annexation of the territory proposed to be annexed will not have the
effect of extending the boundary of the Town of Firestone more than three
miles in any direction from any point of the boundary of the Town of
Firestone in any one year.
The territory proposed to be annexed is 875.07 acres in total area.
k. Prior to completion of the annexation of the area proposed to be annexed,
a plan will be in place, pursuant to Section 31-12-105(1)(e), C.R.S., which
generally describes the proposed location, character, and extent of streets,
subways, bridges, waterways, waterfronts, parkways, playgrounds,
squares, parks, aviation fields, other public ways, grounds, open spaces,
public utilities, and terminals for water, light, sanitation, transportation,
and power to be provided by the Town of Firestone; and the proposed land
uses for the area; such plan to be updated at least once annually.
1. In establishing the boundary of the area proposed to be annexed, if a
portion of a platted street or alley is to be annexed, the entire width of the
street or alley has been included within the area annexed, and reasonable
access will not he denied to any landowners, owners of any easement, or
the owners of any franchise adjoining any platted street or alley which is
to be annexed to the Town of Firestone but is not bounded on both sides
by the Town of Firestone.
m. If required, an impact report will be prepared and filed pursuant to Section
31-12-108.5, C.R.S.
3. The owners of more than fifty percent of the area proposed to be annexed,
exclusive of dedicated streets and alleys, have signed this petition and hereby
petition for annexation of such territory.
The signatures on this petition comprise one -hundred percent (100%) of the
landowners of the territory to be annexed and said landowners attesting to the
2
EXHIBIT M
facts and agreeing to the conditions herein contained will negate the necessity of
any annexation election.
4. Accompanying this petition are four copies of an annexation map containing the
following information:
a. A written legal description of the boundaries of the area proposed to be
annexed;
b. A map showing the boundary of the area proposed to be annexed, said
map prepared by and containing the seal of a registered engineer;
c. Within the annexation boundary map, a showing of the location of each
ownership tract in unplatted land and, if part or all of the area is platted,
the boundaries and the plat numbers of plots or of lots and blocks;
d. Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the Town of Firestone and the contiguous
boundary of any other municipality abutting the area proposed to be
annexed, and a showing of the dimensions of such contiguous boundaries.
5. Upon the annexation ordinance becoming effective, all lands within the area
proposed to be annexed will become subject to all ordinances, resolutions, rules,
and regulations of the Town of Firestone, except for general property taxes of the
Town of Firestone, which shall become effective as of the January I next ensuing.
6. The zoning classification requested for the area proposed to be annexed is TED ,
The petitioners agree that said annexed land shall be brought under the provisions
of Title 17 of the Firestone Municipal Code within ninety (90) days from the
effective date of the annexation ordinance.
7. There shall be no duty or obligation upon the Town of Firestone to furnish water
or sanitary sewer facilities to the area proposed to be annexed. Such services will
be provided at such time, in the sole discretion of the Town, when such services
for water and sanitary sewer can be economically and reasonably installed to
service a sufficient number of inhabitants within the area so as to make the
construction and establishment of such services feasible and at no additional cost
for the same or similar type of services provided to inhabitants within the existing
corporate limits of the Town.
8. If required by the Town, an annexation agreement has been or will be executed by
the petitioners herein and the Town of Firestone relating to this annexation and
the petitioners hereby expressly consent to the terms and conditions set forth in
the annexation agreement.
3
EXHIBIT M
9. The petitioners agree to the following terms and conditions, which shall be
covenants running with the land, and which may, at the option of the Town,
appear on the annexation map:
a.. Water rights shall be provided pursuant to Town Ordinance.
b. All conditions set out in the annexation agreement executed by the petitioner.
c. Other:
WHEREFORE, the petitioners, whose signatures are on the signature sheet on the next page,
respectfully request that the Town of Firestone, acting through its Board of Trustees, approve the
annexation of the area proposed to be annexed.
4
EXHIBIT M
AFFIDAVIT OF CIRCULATOR
The undersigned, being of lawful age, who being first duly sworn upon oath deposes and
says:
That (he or she) was the circulator of tip foregoing Petition for Annexation of lands to
the Town of Firestone, Colorado, consisting of la pages, including this page and that each
signature thereon was witnessed by your affiant and is the true signature of the person whose
name it purports to be.
ACKNOWLEDGMENT
STATE OF COLORADO )
)ss
COUNTY OF Bow- .
The above and foregoing Affidavit of Circulator was subscribed and sworn to before me
this 55E day of December , 2012,
Witness my hand and official seal.
My commission expires on:
APRIL ELAINE KING-RODRIGUEZ
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID k 20124071335
MY COMMISSION EXPIRES NOVEMBER 13, 2018
(SEAL)
Notary Public
Address
5
EXHIBIT M
SIGNATURE SHEET
See Exhibit Itv-
attached hereto and
incorporated into this
petition by this reference
for the legal description
of the land owned by
this si er
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Are you a nonresident
landowner of the area
proposed to be
annexed?
(Yes or No)
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Are you a registered
elector, resident
landowner of the
area proposed to be
annexed?
(Yes or No)
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CIVILARTS
EXHIBIT "A"
December 3, 2012
ww.4 civilans t,
,: 1860 Lef!hand Circle, Suite A
Longmont, CO 80501
A description of the KURTZ RANCH ANNEXATIONS located in Sections 16, 17, 20, 21, 28, 29, 32
and 33, T3N, R67W of the 6th P.M., in Weld County, Colorado. For: Elvema Burchfield Living Trust
and Sherry Redmond
LEGAL DESCRIPTION - KURTZ RANCH ANNEXATION NO. 1
A tract of land located in Sections 21, 28, 29, 32 and 33, T3N, R67W of the 6th P.M., County of Weld,
State of Colorado, described as follows:
COMMENCING at the SE Corner of the W1/2 of the E1/2 of said Section 32 from which the NE
Corner of said W1/2 of the E1/2 of Section 32 bears N00°43'43"W, 5282.52 feet (Basis of Bearing);
thence N00°43'43"W, 1709.75 feet along the East Line of said W1/2 of the E1/2 of Section 32 to a
Northerly Line of Heintzelman Pit Annexation No. 2 to the Town of Firestone and the POINT OF
BEGINNING;
Thence S89°16'17"W, 30.00 feet along said Northerly Line being also contiguous with the Town of
Firestone Corporate Boundary to the Westerly Right -of -Way Line of Weld County Road 17;
Thence N00°43'43"W, 3573.20 feet along said Westerly Right -of -Way Line of Weld County Road 17
to the South Line of the SEI/4 of said Section 29;
Thence N00°20'59"W, 30.00 feet continuing along said Westerly Right -of -Way Line of Weld County
Road 17 to the Northerly Right -of -Way Line of Weld County Road 28;
Thence S89°55'18"E, 1366.36 feet along said Northerly Right -of -Way Line of Weld County Road 28
to the West Line of the SW1/4 of said Section 28 being also the Centerline of Weld County Road 17;
Thence N00°48'50"W, 2590.35 feet along said West Line of the SW1/4 of Section 28 being also said
Centerline of Weld County Road 17 to the SW Corner of the NW1/4 of said Section 28;
Thence N00°48'50"W, 667.34 feet along the West Line of said NW 1/4 of Section 28 and continuing
along said Centerline of Weld County Road 17 to an angle point thereon;
Thence N11°03'07"E, 361.73 feet continuing along said Centerline of Weld County Road 17 to the
Centerline of the Former Union Pacific Railroad;
Thence N29°41'19"E, 4184.63 feet along said Centerline of the Former Union Pacific Railroad to a
point of curve to the left thereon;
QA Development Services for the Communities of the Future
EXHIBIT "A"
Thence 590.43 feet along the arc of said curve continuing along said Centerline of the Former Union
Pacific Railroad, said arc having a radius of 3819.83 feet, a central angle of 8°51'22", and being
subtended by a chord which bears N25°15'38"E, 589.84 feet to a non -tangent point;
Thence S69°10'04"E, 100.00 feet to a non -tangent point of curve to the right on the Easterly Right -of -
Way Line of said Former Union Pacific Railroad;
Thence 605.89 feet along the arc of said curve concave to the Northwest, along said Easterly Right -of -
Way Line of the Former Union Pacific Railroad, said arc having a radius of 3919.83 feet, a central
angle of 8°51'22", and being subtended by a chord which bears S25"15'38"W, 605.29 feet to a point of
tangency;
Thence S29°41'19"W, 2277.17 feet continuing along said Easterly Right -of -Way Line of the Former
Union Pacific Railroad to an angle point thereon on the North Line of the NW1/4 of said Section 28;
Thence N89°58'02"W, 28.77 feet along said North Line of the NWI./4 of Section 28 and continuing
along said Easterly Right -of -Way Line of the Former Union Pacific Railroad to an angle point thereon;
Thence S29°41'19"W, 2021.74 feet continuing along said Easterly Right -of -Way Line of the Former
Union Pacific Railroad to the Easterly Right -of -Way Line of said Weld County Road 17;
Thence S11°03'07"W, 212.88 feet along said Easterly Right -of -Way Line of Weld County Road 17 to
an angle point thereon;
Thence S00°48'50"E, 664.72 feet continuing along said Easterly Right -of -Way Line of Weld County
Road 17 to the North Line of the SW1/4 of said Section 28;
Thence S00°48'50"E, 2620.36 feet continuing along said Easterly Right -of -Way Line of Weld County
Road 17 to the North Line of the NW 1/4 of said Section 33
Thence S00°35' 13"E, 30.00 feet continuing along said Easterly Right -of -Way Line of Weld County
Road 17 to the Southerly Right -of -Way Line of said Weld County Road 28;
Thence N89°50'46"W, 30.00 feet along said Southerly Right -of -Way Line of Weld County Road 28 to
the Northeast Corner of Heintzelman Pit Annexation No. 3 to the Town of Firestone;
Thence N89°55'18"W, 1306.52 feet continuing along said Southerly Right -of -Way Line of Weld
County Road 28 being also the Northerly Line of said Heintzelman Pit Annexation No. 3 to the Town
of Firestone and being also contiguous with the Town of Firestone Corporate Boundary to said
Easterly Right -of -Way Line of Weld County Road 17, being also the Northwest Corner of said
Heintzelman Pit Annexation No. 3 to the Town of Firestone;
EXHIBIT "A"
Thence S00°43'43"E, 617.61 feet along said Easterly Right -of -Way Line of Weld County Road 17
being also the Westerly Line of said Heintzelman Pit Annexation No. 3 to the Town of Firestone and
being also contiguous with the Town of Firestone Corporate Boundary;
Thence leaving said Westerly Line of the Heintzelman Pit Annexation No. 3 to the Town of Firestone
S00°43'43"E, 413.15 feet and continuing along said Easterly Right -of -Way Line of said Weld County
Road 17 to said Westerly Line of the Heintzelman Pit Annexation No. 3 to the Town of Firestone;
Thence S00°43'43"E, 2511.59 feet continuing along said Easterly Right -of -Way Line of said Weld
County Road 17 being also said Westerly Line of the Heintzelman Pit Annexation No. 3 to the Town
of Firestone and being also contiguous with the Town of Firestone Corporate Boundary to said
Northerly Line of Heintzelman Pit Annexation No. 2 to the Town of Firestone;
Thence S89°16'17"W, 30.00 feet along said Northerly Line of Heintzelman Pit Annexation No. 2 to
the Town of Firestone and being also contiguous with the Town of Firestone Corporate Boundary to
the POINT OF BEGINNING.
Area = 838,258 square feet (19.244 acres), more or less.
LEGAL DESCRIPTION - KURTZ RANCH ANNEXATION NO.2
A tract of land located in Sections 16, 17, 20, 21, 28, and 29, T3N, R67W of the 6th P.M., County of
Weld, State of Colorado, described as follows:
COMMENCING at the SE Corner said Section 29 from which the E1/4 Corner of said Section 29
bears N00°48'50"W, 2620.36 feet (Basis of Bearing); thence N00°48'50"W, 30.00 feet along the East
Line of the SE1/4 of said Section 29 to the Northerly Right -of -Way Line of Weld County Road 28
being also a Northerly Line of Kurtz Ranch Annexation No. 1 and the POINT OF BEGINNING;
Thence N89°55'18"W, 30.00 feet along said Northerly Right -of -Way Line of Weld County Road 28,
being also said Northerly Line of Kurtz Ranch Annexation No. 1, and being also contiguous with the
Town of Firestone Corporate Boundary to the Westerly Right -of -Way Line of Weld County Road 17;
Thence N00°48'50"W, 2590.32 feet along said Westerly Right -of -Way Line of Weld County Road 17
to the South Line of the NE1/4 of said Section 29;
Thence N00°48'50"W, 1040.74 feet continuing along said Westerly Right -of -Way Line of Weld
County Road 17 to the Westerly Right -of Way Line of the Former Union Pacific Railroad;
Thence N29°41'19"E, 59.10 feet along said Westerly Right -of Way Line of the Former Union Pacific
Railroad to an angle point thereon on the West Line of the NW1/4 /4 of said Section 28;
EXHIBIT "A"
Thence N00°48'50"W, 98.51 feet along said West Line of the NW1/4 of Section 28 and continuing
along said Westerly Right -of Way Line of the Former Union Pacific Railroad to an angle point
thereon;
Thence N29°41'19"E, 2694.43 feet continuing along said Westerly Right -of Way Line of the Former
Union Pacific Railroad to the Northeasterly Corner of the Parcel described at the Warranty Deed
recorded October 1, 1974 in Book 724 at Reception No. 1645816 of the Weld County records;
Thence N60°18'41 "W, 45.00 feet along the Northerly Line of said Parcel described in Book 724 at
Reception No. 1645816 to the Northwesterly Corner thereof;
Thence S29°41'19"W, 980.89 feet along the Westerly Line of said Parcel described in Book 724 at
Reception No. 1645816 to the Northerly Right -of -Way Line of Colorado State Highway 66;
Thence Westerly along said Northerly Right -of -Way Line the following eight (8) courses:
1) N68°10'16"W, 23.26 feet;
2) N87°14'13"W, 811.26 feet;
3) N87°14'13"W, 494.45 feet;
4) N00°17'29"E, 40.00 feet;
5) N89°42'31 "W, 325.00 feet;
6) S85°07'36"W, 777.58 feet;
7) N89°42'31 "W, 794.26 feet;
8) N63°23'14"W, 44.97 feet to the Easterly Right -of -Way Line of said Weld County Road 17;
Thence Northerly along said Easterly Right -of -Way Line of Weld County Road 17 the following
thirty-two (32) courses:
1) N03°01'10"E, 768.01 feet to a point of curve to the left;
2) 271.48 feet along the arc of said curve, said arc having a radius of 1230.00 feet, a central angle
of 12°38'45", and being subtended by a chord which bears N03°18'12"W, 270.93 feet to a point
of tangency;
EXHIBIT "A"
3) N09°37'35"W, 156.42 feet to the North Line of the SW 1/4 of the SE1/4 of said Section 20;
4) Continuing N09°37'35"W, 153.40 feet to a point of curve to 1:he right;
5) 353.63 feet along the arc of said curve, said arc having a radius of 1835.00 feet, a central angle
of 11°02'30", and being subtended by a chord which bears N04°06'20"W, 353.08 feet to a point
of tangency;
6) N01 °24'55"E, 301.78 feet to a point of curve to the left;
7) 164.11 feet along the arc of said curve, said arc having a radius of 1730.00 feet, a central angle
of 5°26'07", and being subtended by a chord which bears N01°18'08"W, 164.05 feet to a point
of tangency;
8) N04°01' 12"W, 237.84 feet to a point of curve to the right;
9) 438.88 feet along the arc of said curve, said arc having a radius of 6070.00 feet, a central angle
of 4°08'34", and being subtended by a chord which bears N0I °56'55"W, 438.79 feet to a point
of compound curve to the right;
10) 265.42 feet along the arc of said curve, said arc having a radius of 515.00 feet, a central angle
of 29°31'43", and being subtended by a chord which bears N14°53'14"E, 262.49 feet to a point
of compound curve to the right;
11)170.78 feet along the arc of said curve, said arc having a radius of 1645.00 feet, a central angle
of 5°56'54", and being subtended by a chord which bears N32°37'32"E, 170.71 feet to a point
of compound curve to the right;
12) 95.59 feet along the arc of said curve, said arc having a radius of 1645.00 feet, a central angle
of 3°19'46", and being subtended by a chord which bears N37°15'52"E, 95.58 feet to a point of
tangency;
13) N38°55'45"E, 402.08 feet to a point of curve to the right;
14)176.73 feet along the arc of said curve, said arc having a radius of 770.83 feet, a central angle
of 13°08'10", and being subtended by a chord which bears N45°29'50"E, 176.34 feet to a point
of compound curve to the right;
15)195.62 feet along the arc of said curve, said arc having a radius of 465.00 feet, a central angle
of 24°06' 12", and being subtended by a chord which bears N64°07'01 "E, 194.18 feet to a point
of tangency;
EXHIBIT "A"
16) N76° 10'06"E, 176.69 feet to a point of curve to the left;
17) 238.20 feet along the arc of said curve, said arc having a radius of 755.00 feet, a central angle
of 18°04'36", and being subtended by a chord which bears N67°07'49"E, 237.21 feet to a point
of tangency;
18) N58°05'31 "E, 202.72 feet to a point of curve to the left;
19) 420.97 feet along the arc of said curve, said arc having a radius of 1200.00 feet, a central angle
of 20°06'00", and being subtended by a chord which bears N48°02'31 "E, 418.82 feet to a point
of tangency;
20)N37°59'31"E, 260.73 feet;
21)N39°51'46"E, 422.00 feet;
22) N37°35'20"E, 176.62 feet to a point of curve to the left;
23)178.03 feet along the arc of said curve, said arc having a radius of 680.00 feet, a central angle
of 15°00'01", and being subtended by a chord which bears N30°05'19"E, 177.52 feet to the
North Line of the NE1/4 of said Section 20;
24)140.28 feet, continuing along the arc of said curve, said arc having a radius of 680.00 feet, a
central angle of 11°49'12", and being subtended by a chord which bears N16°40'43"E, 140.03
feet to a point of compound curve to the left;
25) 209.10 feet along the arc of said curve, said arc having a radius of 2265.00 feet, a central angle
of 5°17'22", and being subtended by a chord which bears N08°07'25"E, 209.03 feet to a point
of tangency;
26) N05°28'44"E, 252.23 feet to a point of curve to the left;
27) 216.27 feet along the arc of said curve, said arc having a radius of 2505.00 feet, a central angle
of 4°56'48", and being subtended by a chord which bears NO3°00'20"E, 216.20 feet to a point
of tangency;
28) N00°31'57"E, 1104.13 feet to a point of curve to the right;
29) 207.28 feet along the arc of said curve, said arc having a radius of 1440.00 feet, a central angle
of 8°14'51", and being subtended by a chord which bears N04°39'22"E, 207.10 feet to a point
of tangency;
EXHIBIT "A"
30) N08°46'48"E, 246.16 feet to a point of curve to the left;
31) 201.87 feet along the arc of said curve, said arc having a radius of 1300.00 feet, a central angle
of 8°53'49", and being subtended by a chord which bears N04°19'53"E, 201.66 feet to a point
of tangency;
32) N00°07'01 "W, 53.78 feet to the North Line of the SW 1/4 of said Section 16;
Thence 589°51'23"E, 2536.65 feet along said North Line of the SW l/4 of Section 16 to the C1/4
Corner of said Section 16;
Thence N00°44'07"W, 2316.01 feet along the West Line of the NE1/4 of said Section 16 to the
Southerly Line of Lot 9, State Subdivision according to the plat recorded August 24, 1940 in Plat Book
7 at Page 6 of the Weld County records;
Thence Westerly along said Southerly Line of said Lot 9 the following two (2) courses:
1) 564°14'22"W, 155.21 feet;
2) N66°26'25"W, 912.35 feet to the Southerly Right -of -Way Line of Weld County Road 34;
Thence Easterly along said Southerly Right -of -Way Line of Weld County Road 34 the following three
(3) courses:
1) S89°5425"E, 1717.26 feet to a point of curve to the right;
2) 56.96 feet along the arc of said curve, said arc having a radius of 458.97 feet, a central angle of
7°06'36", and being subtended by a chord which bears 586°01'49"E, 56.92 feet to a point of
tangency;
3) S82°28'31 "E, 792.61 feet to the Easterly Right -of -Way Line of said Former Union Pacific
Railroad;
Thence Southerly along said Easterly Right -of -Way Line of said Former Union Pacific Railroad the
following four (4) courses:
1) S10°38'19"W, 5218.42 feet to the South Line of the SEl/4 of said Section 16;
2) S89°41'45"E, 25.41 feet along said South Line of the SE1/4 of Section 16;
3) S10°38'19"W, 2143.49 feet to a point of curve to the right;
EXHIBIT "A"
4) 567.36 feet along the arc of said curve, said arc having a radius of 3919.83 feet, a central angle
of 8°17'35", and being subtended by a chord which bears S14°47'06"W, 566.86 feet to a non -
tangent point on the East Line of the SW1/4 of said Section 21;
Thence S00°54'20"E, 2619.11 feet along said East Line of the SW1/4 of Section 21 to said Northerly
Right -of -Way Line of Colorado State Highway 66;
Thence N89°58'02"W, 1300.54 feet along said Northerly Right -of -Way Line of Colorado State
Highway 66 to the Easterly Line of the Parcel described in the Quitclaim Deed recorded January 16,
1937 in Book 1004 at Page 239 of the Weld County records;
Thence N00°54'07"W, 263.19 feet along said Easterly Line the Parcel described in Book 1004 at Page
239, to said Easterly Right -of -Way Line of the Former Union Pacific Railroad being also a point on the
Easterly Line of Kurtz Ranch Annexation No. 1;
Thence Northerly along said Easterly Right -of -Way Line of the Former Union Pacific Railroad being
also said Easterly Line of Kurtz Ranch Annexation No. 1, and being also contiguous with said
Corporate Boundary of the Town of Firestone the following two (2) courses:
1) N29°41'19"E, 1939.82 feet to a point of curve to the left;
2) 605.89 feet along the arc of said curve, said arc having a radius of 3919.83 feet, a central angle
of 8°51'22", and being subtended by a chord which bears N25°15'38"E, 605.29 feet to a non -
tangent point;
Thence N69° 10'04"W, 100.00 feet along the Northerly Line of said Kurtz Ranch Annexation No. 1,
and being also contiguous with said Corporate Boundary of the Town of Firestone to a non -tangent
point of curve to the right on the Westerly Line of said Kurtz Ranch Annexation No. 1, being also the
Centerline of said Former Union Pacific Railroad;
Thence Southerly along said Westerly Line of Kurtz Ranch Annexation No. 1, and being also
contiguous with said Corporate Boundary of the Town of Firestone the following five (5) courses:
The following two courses being also said Centerline of the Former Union Pacific Railroad:
1) 590.43 feet along the arc of said curve concave to the Northwest, said arc having a radius of
3819.83 feet, a central angle of 8°51'22", and being subtended by a chord which bears
S25°15'38"W, 589.84 feet to a point of tangency;
2) S29°41'19"W, 4184.63 feet to the Centerline of said Weld County Road 17;
The following three courses being also along said Centerline of Weld County Road 17:
EXHIBIT "A"
3) S11°03'07"W, 361.73 feet to West Line of the NW1/4 of said Section 28;
4) S00°48'50"E, 667.34 feet along said West Line of the NW1/4 of Section 28 to the E1/4 Corner
of said Section 29;
5) S00°48'50"E, 2590.35 feet along said East Line of the SE1/4 of Section 29 to the POINT OF
BEGINNING.
Area = 37,279,800 square feet (855.826 acres), more or less.
NOTICE: According to Colorado law you must
commence any legal action based upon any defect in this
survey within three years after you first discovered such
defect. In no event, may any action based upon any
defect in this survey be commenced more than ten years
from the date of the certification shown hereon.
Peter D. Stger; 7
p
Colorado P-rilession?, aI Land
Surveyor Net as5379
1860 Left'Lefthalid A, " rgirt n.;.'CO 80501
;
Date:
File: Kurtz Ranch Annexations.doc
Project. 197-8
Exhibit A-1
Parcel 1: That part of the NE% of Section 16, Township 3 North, Range 67 West, 6th
P.M., Weld County, Colorado, lying west of the right of way of Union Pacific
Railroad as described in instrument recorded January 24, 1910 in Book 314 at
Page 405;
Except that county road as shown on plat title "State Subdivision of the
NE'%NW'/4 and Resubdivision of Lots 1 and 2 of Section 16, Township 3 North,
Range 67 West of the 6th P.M.", recorded August 24, 1940 in Plat Book 7 at
Page 6 at Reception No. 852968;
Except county road as conveyed to Board of County Commissioners by the
State of Colorado, by instrument recorded March 17, 1909 in Book 296 at
Page 149;
Except a strip or parcel of land as conveyed to Union Pacific Railroad
Company by State of Colorado, by instrument recorded January 24, 1910 in
Book 314 at page 405 and instrument recorded May 17, 1909 in Book 270 at
Page 180;
Except a strip of land 60 feet in width for road purposes as granted to Weld
County by Albert D. Kurtz in the instrument recorded September 24, 1970 at
Reception No. 1555136 in Book 663.
Parcel 2: The SW% and all that portion of Lots 6 and 7 as shown on the plat titled "State
Subdivision of E1/2 of Section 16, Township 3 North, Range 67 West of the 6th
P.M.", lying west of the Union Pacific Railroad in the SE% of Section 16,
Township 3 North, Range 67 West of the 6th P.M., County of Weld, State of
Colorado.
Parcel 3: Plat A of Lot 1 and Lot 9 as shown on the platititled "State Subdivision", lying
within Section 16, Township 3 North, Range 67 West of the 6th P.M., County of
Weld, State of Colorado.
Parcel 4: That part of the N'ANE'/4 and the SW'IANE'% and the NW% SE% of Section 20
lying east of the public road as now constructed; the SE%NE% and the
NE%SEV4 and the S'/ZSE% of Section 20, Township 3 North, Range 67 West
of the 6th P.M., County of Weld, State of Colorado;
And
The NW'/4SW% of Section 21, Township 3 North, Range 67 West of the 6th
P.M., County of Weld, State of Colorado;
Except parcel conveyed to State Highway Department by Deed recorded
March 30, 1996 in Book 1446 at Page 402;
Except strip or parcel of land conveyed to the Denver, Greeley, and Fort
Collins Railroad by Florence E. Allen, et al., by instrument recorded April 22,
1907 in Book 258 at Page 181;
Except that parcel conveyed by Deeds recorded June 6, 2002 at Reception
No. 2959076 and recorded June 6, 2002 at Reception No. 2959077.
Parcel 5: The surface right only of the following described parcel: All that part of the
W'%NE'A of Section 21, Township 3 North, Range 67 West of the 6th P.M.,
County of Weld, State of Colorado, lying westerly of a line that is parallel with
an 100 feet distance, northwesterly, measured at right angles with/or radially,
from the centerline of the main tract of the Union Pacific Railroad Company as
now constructed, maintaining and operated across said Section 21.
Parcel 6: The NW% and the SW%SW% and the E'ASW'/4 of Section 21, Township 3
North, Range 67 West of the 6th P.M., County of Weld, State of Colorado;
Except the following described tracts:
(Al Parcel conveyed to the Great Western Sugar Company by Deed recorded
August 11, 1926 in Book 807 at Page 68
(B) Parcel conveyed to Weld County, Colorado by Deed recorded January 16,
1937 in Book 1004 Page 239
(C) Parcel conveyed to the Great Western Sugar Company be Deed recorded
October 1, 1974 in Book 724 at Reception No. 1645816
(D) Parcel conveyed to Union Pacific Railroad Company by Deed recorded
July 27, 1909 in Book 305 at Page 425
(E) Parcel conveyed to union pacific Railroad Company by Deed recorded
September 15, 1910 in Book 332 at Page 242
(F) Parcel conveyed to Union Pacific Railroad Company by Deed recorded
June 28, 1911 in Book 337 at Page 523
(G) Parcel conveyed to Union Pacific Railroad Company by Deed recorded
June 22, 1918 in Book 552 at Page 87
(H) Parcel conveyed to Department of Highways by Deed recorded March 30,
1956 in Book 1446 at Page 402;
Except strip of land conveyed to the Greeley and Northern Railway and Utility
Company by instrument recorded May 14, 1906 in Book 234 at Page 130;
Except strip or parcel of land conveyed to the Denver, Greeley, and Fort
Collins Railway Co., by instrument recorded January 21, 1907 in Book 251 at
Page 163;
Except that strip or parcel conveyed to Union Pacific Railroad Company by
Deed recorded January 28, 1911 in Book 335 at Page 523.
Parcel 7: A certain parcel of land in the SW% of Section 21, Township 3 North, Range
67 West of the 6th P.M., County of Weld, State of Colorado, more particularly
described as follows:
Commencing at the SW corner of Section; thence N 87°56' E, a distance of
864.36 feet, more or less, to a point on the westerly right of way of the Fort
Collins branch of the Union Pacific Railroad; thence N 30°08' E, along said
westerly right of way of said railroad, a distance of 884.0 feet to a point; thence
at a 90° angle left, a distance of 45.0 feet, to the true point of beginning;
Thence continuing along said last course, a distance of 105.0 feet to a point;
thence at a 90° angle left and parallel to mainline of said railroad, a distance of
262.0 feet to a point; thence at a 90° angle left, a distance of 105.0 feet to a
point on the westerly right of way of said Fort Collins Branch of the Union
Pacific Railroad; thence at 90° angle left and parallel to and 45.0 feet from,
when measured at right angles to the westerly right of way of said railroad, a
distance of 262 feet to the point of beginning;
arwl u.
P.M.,
follows:
Beginning at a
19°10' W, along th
distance of 289.8 feet; -
feet; thence N 0°40' E, alon
feet to fence line; thence S 28°3
62°18' W along said fence line 121
473.7 feet to the Union Pacific ri
217.6 feet along said fence li -
feet along said quarter s
thence east 231 fee
E, 171 feet to th
the NE cor
said pr
Ex
Except strip of land as conveyed to the Greeley and Northern Railway and
Utility Company by instrument recorded May 14, 1906 in Book 234 at Page
130;
Except strip or parcel of land as conveyed to the Denver, Greeley, and Fort
Collins Railroad Co., by instrument recorded January 21, 1907 in Book 251 at
Page 163.
rt of the EA of Section 21, Township 3 North, Range 67 West of the .t
unty of Weld, State of Colorado, being more particularly des '.ed as
int 870 feet west of the SE corner of Sectio
enter line of the Nelson Bull Ditch
e N 44°50' W, along th
aid ditch 2472.2
alon
�. .rwa' -r
o quarter sec
on line to the S1/4 Corn
the SW corner of Asmussen P
W corner of said property; thence N 89
of said property; thence S 0°18' W, 168 feet to th
rty; thence east 798 feet to the place of beginning;
t a tract of land conveyed to H.H. Miller in Warranty Deed recorde. aril
, 1934 in Book 958 at Page 18.
Parcel 9: A tract of land located in the SE% of Section 17, Township 3 North, Range 67
West of the 6th P.M., County of Weld, State of Colorado, being described as
follows:
Beginning at the SE corner of said Section 17, from which the E'/4 Corner of
said Section17 bears N 00°07'01" W, 2615.42 feet (basis of bearing); thence S
89°30'47" W, 193.01 feet along the south line of the SE% of said Section 17 to
the centerline of Weld County Road No. 17, as now constructed;
The following courses and distance are along the centerline of said Weld
County Road No. 17:
Thence northeasterly, 146.93 feet along the arc of a curve concave to the SW
to a point of compound curve to the left, said arc having radius of 650.00 feet,
a central angle of 12°57'05", and being subtended by a chord that bears N
17°14'39" E, 146.62 feet; thence northerly, 206.33 feet along the arc of said
curve to a point tangent, said arc having a radius of 2235.00 feet, a central
angle of 05°17'22", and being subtended by a chord that bears N 08°07'25" E,
206.26 feet; thence N 05°28'44" E, 252.23 feet to a point of curve to the left;
thence northerly, 213.68 feet along the arc of said curve to a point of tangent,
said arc having a radius of 2475.00 feet, a central angle of 04°56'48", and
being subtended by a chord that bears N 03°00'20" E, 213.61 feet; thence N
00°31'57" E, 1104.13 feet to a point of curve to the right; thence northerly,
211.60 feet along the arc of said curve to a point tangent, said arc having a
1; thence N
now constructed, a
enter of said ditch, 471.9
t; thence N 73°55' W, 633
id fence line 321 feet; thence S
e= ence S 73°22' W along said fence
ce line; thence S 19°13' W,
line; thence S 1°50' E, 2576
of said Section 21;
rty; thence N 14°20'
' E, 646.3 feet to
E corner of
radius of 1470.00 feet, a central angle of 08°14'51", and being subtended by a
chord that bears N 04°39'22" E, 211.42 feet; thence N 08°46'48" E, 246.16
feet to a point of curve to the left; thence northerly, 197.21 feet along the arc of
said curve to the east line of the SE% of said Section 17, said arc having a
radius of 1270.00 feet, a central angle of 08°53'49", and being subtended by a
chord that bears N 04°19'53" E, 197.01 feet; thence leaving the centerline of
said Weld County Road No. 17, S 00°07'01" E, 2561.50 feet along the East
line of the SE% of said Section 17 to the SE corner of said Section 17 and the
point of beginning.
Also excepting from above parcels those parcels conveyed by deeds recorded
August 13, 2012 at Reception No. 3865536 and August 13, 2012 at Reception
No. 3865537.
�... INC
,irr. IC .r... - ........
•
TOWN OFFIRESTONE, COLORADO -
Nona I hereby Mon that the eTTamm�of firestone W nnirng and imhq Canmlvlm eel MW a
Punts Xrigwgrdnagtlfi�pa Ttm6p. Fdlruvy 5.20191tltlleihatlon ban* 1
Gram Avenue, Ariake.. Cdoneo 805 wryoa IIMf
for mlling d property WOM'sed m M ennead bme Town and known as theNit NM Aneeaalb
Naiad 2 and to consider a tepuetl for m eruni d n Outline O.'nbpmnt Plan. Preliminary
Plan and Final Development Plantar the propo4 The Sung =ling h Wed Comry
rat dew The mdng requested a Planned Unn Levekaned with open space. reenha' I,
commercial. aid emdmme t land soot
Mien Nate le hereby WM that Molinari] aimdha ado Tom of Firestone pun bob a
Pubic Ha* commehdN* at 650 pm. Wahlday, fepruary 13, 2018 a the Roth= Then NN.
151 Grant Manta Preston, Colorado 80520. The purpose of 1M PLgirHend p511bm deenone
wothitldJlert Reed Aeeeodain en for Yeti W 210 MeTown N Adam.. has ted hmost aappdnble nWl as
of Sedan 38 o1 Article Mel the Colorado CmWbn and Sections 34H4M and31-12-105 dote
statutes ate Safe or Colorado and Is MOM for annexation to Me Town; (2) to determine the miring
me the proposed annexation, and (3) to consider a request for approval -den Outline Development
Ran, Prelln W z Dmbpment Flan and KU Sr ebpmeo Ran for to peepedy. The existing minipills
Weld Cowry A,AgMWIurd role ice zoning requested is Manned Unit Development Mt open µace,
residential.
cxammll.atd empgnent bed usess.Yge regarding
¢ml0xaton. The anchi nymWarreele lMLLgpdM moray Y ioeted.My Road 1J ndM=donee
Iran Ranh Union Pact Railroad rigMa-way) tooth of County Road 30 d north of County Road
30 between Couny Roads 20 and 19. ThefeW NedpMn of pd Mhah the abWlolthe
aeeaan remelt iset=below M EMeIIA& Resolution No.13-01.
Cad dneals9hpps1ogtomes=1* onlMebenur Withal is Madeira'
mlmtula With he mgM * lava of Stellate dcaoram Tmt afllnawe M6mrPlen,poled
anneeabll, zorw9. Outline Mammon Rim and other mM application rater* non tie
and *WS for public Inspection in the office of the Town ea 151 Grad Avenue Rresture, CO
00520, Owing regales business Burt
Odd the 8h day of January. 2013
TOWN OF FIRESTONE, 01C(hD0
PeOxa man, Town CYh
• RE50WmON NO 1301
A RESOLMON FINDING SUBSTANTIAL COMPLIANCEP0R AN ANNEXATION PETITION
FILED WIM THE TOWN Of FIRESTONE COLORADO, KNOWN. AS THE KURR RICH
ANM:aIION NOS. t AND 2 TO THE TOWNOF FRESTONE WIND SETTING APUBLIC
NEARING THEREON. •
WHEREAS, a peldbn for imitation of ueom popery to be harm no the dull ROW
Aeeeolln M.1 and 2 has been M ed with the Town CNN of to Town d ftestone..Colorado.
and retied to he BMW of rodeos m*Tow fora determiAon a (wham* comp*. Will
applbNbn,M .
WARDS, Me Board DI Trusts Mame to pima vbnaamous wdlerNbn id the subject
progeny fix annexation and raring. M reorad a the petition: odd
WHEREAS, the Board of Trustees Ns rented the petition and desires M 1400 by Resolution
MOM' b hheptN .
POFORE, BE R.RESOLVED BY IRE BOARD O 1RU9TFF5 OF THE TOWN Of
FIRESTONE, COLORADO:
yyai 1M p�maomm,, tie substantial description Wcwit Y tlYpWbleelaafUmM Abdo
Colorado.byrefer ,hhwbMWa compliance Wlntla applicable YMidthe St* al
NO election Is required under gg 3T.1 i-102(2), C.R.S. •
e addpblal Deane Md Mdbiom ay to beimposed wlW1 We coningd
SMsa -o 1(03(11iwo,-010)2 or -lit, C.R.S . sort MUIa ryda
d ice praon4an aloe mlapn Si3 Sections 3112.104 and 31-12-105,P3; and W nola
Mod MaaadeiMmNMp approaYh mead oft= subject mopeds. inlMpehan.
at tlefdeslpeiown Nu: 151.Grarson mtePyveennseeer% ,Cdoredo 50520.
00isudi Marks and an
Oro _gilmexetlee. ate praoaad zoning p reehgettedthee 'Wagon.
MMw adlire to he
Its NndnpLadc eo elnn with dhnm beeatM of ,* Boardto proposeTnistees annotation. mtl nelsei
We On= *Whored, lathe proposed anmann M:ebem met, and bider, em =wins the
aPaopdth many of Me euaed Mr/5 sepxsfed d Vic pelmet
haaI. RIM Booed of Trustees coma by resolution. that al Mallory lepyrNmnW.
have been Mace that the proposed animation Is proper under he laws of the Sib d Cdstlo.
to Bard minions may yes one x more oainames annexing IM sled prawn), to the Town d
Rhone, and will pass one or more ordinances zoning the SUMO properly if requested In We *Mon.
885yNd1l�� Resolution No. 12-42 Is Mr*repealed.
1511000CED, READ, and ADOPTED hs 2nd day of Mowry, 2013.
ATTEST:
Mom • Clerk
Chad Auer
Mayor
ELMS A
LIRALBFI0MPIION ''
NUN We laeeugea Nos. Y W 2
A desedyn of rte KURR RANCH MNESATIONS baled lo limbs 16. 17, 20, 21 28.2132 *
33.1311, RONDO of toy fOIls P.M. in tgWeldllppro CdaWO. EXANpyI�{
ACM d lad SMNdfn5edbns21,1139 ana'IWdiYte BMP.M. Cm* d Wed. •
CCIMMBRNNCtIIMpaet 0 leoe SEeCoW tummy VWe flare lad Won 321 inn— to N1E Corner
; theme
Nara43,ch 12 of lie temabeg the EntLineol SOW 32 ben rm eao W11 althe EIRaNsdeaddlae 32 lo
UIe dHhhhkan At MethWoe N.210 the Town a RMILie aceelPWTir OF BEGtil Thy
1Mm 889r18'12w, 30.00 M ace Nnhny-Um teen Leo nlhUddre At We Town d
Namne ffdddpoorrMn BBgpeeddl�y to to PoRppe PSy LIne Paha County Road 17:
The0NOP43'/9•.w;35712i Ml along Wester* RephtMWW Lined Wed County Rad 17 to
N00.48'30w, 2620361 Wallah d =MO, thence 600•481016, 30.00 M Mang the East Line of
the SE1/4 at* semen 2949 the NortherlyFight08Wry Una of Weld County ROW 28 Wing do a
Nonterlyy Lined Kurt RadbAnrmn N.1 ad We
Thence Ne9•.E1ew. 3000EWtOm wit
being abo MO Northerly UM OOti
Tom of firestone Corporate MOM
Them Ng•aSON. 2590.32 M:
the Soulor °Atha NE1/l daeld5'1Thence :merit*
Road 11 told=ate MRx0ht-olMfeet hpre4heof*FoneMap rOmnnPPm Pm* Ramat Line of Weld CpumV
Thence N29•41:19'E, 59.10 M idols nN Weekey Rg0rol Wry Um of tieFnm. Wen Pantie
RMlrad loan and pod thew o *West L Odle NMt/4th 6em1W, lard 20
NOO•IB'S Thence 0W. 9151 ryp alone said if the WA /4 of =Ids 28 and tmMwam
along Said R Mal Wlj'U of Pacific Railroad
ire Of
11WNa N29.41'1 249149
*400 Peak Railroad h to Nat
recorded October 1 197 a BeN7:14 at
Thence NBOOW4rW, 45.00 NN Mory the ... LM of a d Fatal darn
bamboo No, 1645816 to he lNMaNM
Mence 528'41'1900. 980.89 along the - ant et sap Paid deedaed In Book 724 at
*Didion ha 1645816 to theN04e10 Right -old= Line of Colorado State Hgegay 66;
Thence Maly arced sadhoNnle PIBM 01Wry18re0e Mlbdop ell (5) °Wren.
1 e811016w2528 feet
2 NIIM14.1351/, 81126na,
3 N171113w 494.45 hes
4 N001 TM'L, 49p0feet,
5 MB9a£61'W tithed - ..
--S659116W,T7730ht
7 60 4231w 7k28 feet - ,
8 N63.2311•W, 44.57 WO to the Easterly **Way Line of said Wald County Road 17:
Thence orMerly alms sadEeseMi RiaMaFmy Um OO Wed County Road lithe burned Whhy
two 132) courses:
IR
dice
ladle
Reic4h
2X71.48f0'Eyaooetal ytlmaammoicumki am MhR '
• 2malee of plmpdd2.3e'/5mauangaeidn Mlangsslewbred Machold why hich vodkai enS 81to 21093
3 Noa'9115'W.158.12 AM to to Montt Lindte SW= cite SEM/I.Nead Sean 20,
4 Continuing R09.3T35'e..153.40 feel laapoint d owe tolls MK '
5 353.fi3 M ablenpmeaicapd pen radacaMl a faded re 183500 IM, ammtal
angle of 11•@)10I. endbelle eiebneled by a chord which Wen
n 11041610 11I. 35308
feet to, perd Wpnry; Spam
8)'.1644Z1' 1.11 feet aim WIBe aat tof sell tam a eta of 173000 ice, a aura
weleonh9e'01Mod
91 CX0191'121t Ifh Ma coed a curve m Pa right, '
a DOOM
91 438.80 M along the st of said m.oa cud ea *Mg • radiuset 8070.00 IM, aadore
alpbL4'08'34 IMIpdgeloadeddyadWdwhetheed Not 58'SSw438.29M
m,yMdnmpuWd wrabtlegN:
10) 215121MMOIq Ri. admsyadae MYe a red*of51500 as a =tar
angle 01291143". and deg IIp1ME6hy a Cord wMM boas e14'53'141, 282.49 feet
to a mint dlnr compound the
Mateo Me IOIR
Iii 170]9 feet along he artanadnl� salac laving rWW a 1915.00 UM 07i Peel
angle of 5'51354', end hens abNededa a Mad Mich teas Y329J921E. 170.711M
bapalate, competed omit) haNM;
1211 leto a of 3I11W444W. anday d bang ayteld ce sag
atlenddd/eensbbenNNN37, los of 5552'5,,100 955.58M t a
inet to a polot of cum to 111 apgeeof oo19,et 0b'rtg0'• erolt. l bra b&alms,vMfeIcbMen N499P77�501, il24hIM
157 1ng.eof obid0'1Tnl NIerMenoedro atuld che ab=Men 4 a radius 5417Oi O 194.18 fed
central
agfe00t4011ya oenn
1e� M18 008•E. Iilfsltlmapam of mm mm Wt
17) 238.20MM to roc of ad earn, she art fads of 25500 feet a amts
eeoodppnM1lw38W. ant bens euotaded byadodMNM bad N62.0TRE.237211M
' 181 X58•0501•E,Wp�IMo arc phl a OM of cum toMan
191 a20.97 fest cmaral
aadeooMMM20.0n'ng0pM-WImend being sdlemead N by a ODOM eboch hsag =Wive �Mas MMa9O'Ol00.IIT 1022 feet
to a 20 N3M310•rE2R0.23 the; •
21 N39•SYa•E, 42200 OM;
22 N37'35201.1Lo11I7huo6621MIO a point of cum totMlst z'
23 1w`01Wie 1 �arWllistg lilnirny.WylaOppl chlM rare NWRf 9'led
tn52M
• toteeM UnedterMR?INMmdSection A,
24). 14028feet continual(' Loot the arts adDare, ad am Raving. radios d 140.001M.
a wand eINS o912, and MaweuMd antiMdep by a anti bears 49 rs Nlfi•40'•E,
140.03 febpond a pots of compundlet to ice left
25) 209.10 Net ibis We art d said curve sou me haulm a MM w 2265.00 feet a centralangle of 51122". and bas subtended M a shod AO ban NOrOT25•E 209.13.3Net
to a•point of wpm.
25) 60516441. 2.52251ee1 to a pdMmm aataint:
27 216,271= Long Mi.=boor sad am, ad arc IMveyN nsa.ztna of 2505.00 Mt emote) -
ngld1.5618 aibey subended be atlardMWh bars.N0700'201, 21820 feet
too point Mammy
2811 ooi2l'5T'E. 11b feet toe of MOO to the ga
29) 20228 ice abed the be hr W d am said W Amp enn M 1440.00 lea, a central
Is angle mint of betel Subtended by a chord MOfabearON01.39221, 202.10 ice ieL ii) aoiaangle i etMo',ael Map subtended ad said am Wing rd gcaMwIaatl3ot3'E201.66rMI
item 100.205611, 3t CNl =Suing aura ad Westerly RbmaFWa Una ce Weld County .. - maopm Mtlnpeay
Roof l7ote XOMutho M-YM UM el Weld cowmRatl 28; My 92) NOGbTmw 53Rls to he Noce lima Me SW1/4 of WC9wibn 16:
Ieo▪ ce SstUmatel6W1//dd8 %...tg Node said section 28 Saw Rqao m CabaaaWWCceo*Rood 28 TMmnly 4 17; of sok SwSa11R31. 2536155 alaoW NM Uaa IM SW1/4 a SMM I6mthe Cl/I Cpar
thence
Weld souMV Road 71 feet
oWog IlieIe SW PWest o ofeaof the WM of 4 saki
Section at 28 being also ad LLx UL009NSba SabbMNm ascrie,htoMtle panwMdeed Md0REIM012d,n1040000 Mat bola et Patette te
Them N00•a'WW, 667.34 M deng MM West Line of add M91/4 of Simon 28 and =tinning 8ththe WWelldd County
rradra
MmaXi Centering
of ,361�.73 let wennre along Cody Reed 17 to mangle-Odd
Ceiialromof Wed Canty Rat l7 to the 1M�1 1C"lYW�1h55521.kan W5wld 9the following two NYmal-WI SkisofWHCo RaI N,'
Caddo' L the Fans*Won Pacific Redrmd; emo County
Them 629•41191, 4184.83 M Mang MO Centerline gideformer Man Palle Redraw] to a plot Thence along UM Muter* RenuaWay Lk* of Wed CeenlRNd 34 Me 'Miming three
of pone to telelMem: (3laulaw. ThemS90.a Ml along rs necdaid come aMreeN Long ad Waning aWeEamaUnion I) 5616fee .lillzarofadtpwmrm OteroWedWt
PaNC Rphoed, Md ern =And a aka a 3819.61 feet a whit•aaplea 81121". AO kehg 2) 38%M the art daYV Otero wMgaaWa of .OaMb-
With Mats N2S73'3W995924a laid: let esg2't0a8 ,sA,NdgBILpa9ngR14 ye Chord4c aar5 m6.01,49146.92
f•I9
'tide 0them hank WleleR �-i• a-WWh* 3) SIYm'311.'RYM1M 1g661atiEf -01'N%ry we avd Firmer Onion Pala
themMPoot -
Niaue Linea fed along to arc Mad carve coital to the Northwest Word ace Pbeet a Noy
ReWyM
of -Way Lim a the Former Until Peak PM NM. said an having a MW d 391t83 lest a central 11enceS along sal EvmM hgMai-Wa•Lnw of said Former on Pacific *Mad We
▪ x1851221, and being abatded a a Mad MOM tors 52515'18wmuses: 80529 feet to poet Billowing law 4
ff S1 3819w 521812M toheSOat Stool Be SEIM a ad Section 18;
ouMm5 41 nndtoP2.11McdMulalong saki Easterly ERMwOWw a In
a farmer 2))11 51a0d0'1, 25401St elcg said Sam LWMthe SEIM d Scan 115;Union Badge Railroad to an angle point thesee on led NoMi Una Oldie oW1/4ne MA3edbn 28; 3 510983 WWSand2143,19WeMae oda, onto thefight:
02w,28.21Mdng ad NM LWdtheoRdeosl 1Seaton0Wa 29 admnmae, 4 56736M along the we d sll5naqd, ad sec Miring a radius a 391983M,e central
edF 40123 2021,,70-DRY*fUadled Fortin tenon•PMMRMtnadtoa angle weWtlenn. maeL8.1235 and bdi subtended tithe SWIM
wits bars Jon21,OBw.566.66M
Mn
52741'199oadio21.74M continuing Mang said EadWN'Rgeint-laud Ua d Me Fanner - toanon-Nmem point n the lest Line of Me SWIM d said Salon 2l:
Uaen Pudic Railroad to Me LIMP,FIMM-of-WryUm d ad Wed Comity Rod 17; Them-WP513PEedonsd1M aonpen tic. Una of Ise SW* a section 21 m ad Mommy
Thelhceilf•Wtl'N, 202a Ma said Fast,M Ppwo4W61 Line N Weld County Road 17 t0 meoallomry Una depdedo SaeHipar 88:
an race polMMWaan: iMmN895Ma00,130054XMapN. little R FMsaCabnw Sure 100000
' Tam Bo. Mouth 66412 IM tWMube al* see Easterly RdMai-Way Line a Wad Count' 65 to the Easterly Lon el the Psadredged- �eDea raMla January 18,193710080000lt
Reed)? tots NUM Um 262L the SW1/4 Leek, SedanIt11)04atyyape40 dee el*CouaMte rmde:.
TMae en•1850•E 2820.36 M wmada Long laid aeady Right -of -Way Line of =Id County Remo NOd•51'PI-A 28319 Mutably said Easterly Line the Parcel srydbtai Book 1001 at Page
Road 17 aYNW Um dWJPYLebnB .rNWn 33 Ate sag ELI��� Rleflma Une of the fonts Union Pacific dined min Sao a pWa on We
Them5W'a131.t dingy nreoAu. ' atam elaaalCrNdad Easterly** jl@R4Endo ul6t
IJ toe N275nlW3001 a Um d*LW*LMnyPoed21 • • Thence NM0M Long sold FaaMMcMalMey Lined *Farrier Union 05 Railroad tag.
ThenceeasoC 3000M WN Said SM*IlIgh We9dry Law of WW Ca* Ron 28 a as slid Easterly Una L NatdahMMlagy M. I, and nerun so nlmpinn with Said Congaree
the hafted ConW axMNalma AraWden d9 TO=offireslMN Bounden d he Tom of Firestone to(m4inios
Thence N89.5518w. 130852Mmmeod of said a along sad Seaway RgheotWq Line of Wed tarry' I N2Y111YE 1939emoosos IL mimic the
cunt, salter° lipid
aReed28 being also Me Northerly W bag also cooame w'M M Town of FeMae 001ioe e' eIntAman �nwNo. to landE10naltda Ni aoe 2 anggle d .89 Oi� and being subtended -by *chord wadi bed N't5a radius of 15181,6605.29M
Way tine of Wed County Road l l'. bel9 Let led Nmwal Cana d sad MhnbMmn Pi Mnwton sonar-NNggnn��l1 ppqqm:
No.3 teem loon of Mad a: 1MmNeek;On w, ICtotaaalon9 m Nofheoy W etfpp Kurt Ratch MnaaMn No. t. and
RwW600•a'a•E 617.61 In along ace EasteMRMal-Wa Une of Wed Cache Road 176Mm. being also contiguous with ead CoapmthBaurdMOthers n el Amman tea ranangea polar"
deo to Westerly LW tf sthaleintielman PR Maalmn Na. 3 to the Them of PMtone and being also wmla the right on led WMMY L1a d sad KUNRencIAmegibn o.1, bring abaft Marline
*Mows with te Team L Bros fa °agoganc ' dace former Union PeclrkRLlan:
Thence laming a=Woetey Use of We Xee'St'tnnn PR
MnaaMde60.. i3 to the Town M Firestone TtncsSaatthhel alas WdVMNMtIne d Mit Ranch Annexation No. 1,,a�nObneMo metauoos
S00•43431. 413.15 NW end sdittloWng along meaaat.2stoo00Maa'E. 9511.59Metie hsetaconlinuag iWIpMloexakmkt xlardowser .
Nl0o. Sto to Tamedof said
Firestone;
RiefoicelO y RipMmt-Way Um of sald Weld 1) 590.43coei500 beloorporate Round* nong aaathe Tsarc aaid CCnam.ole L OtsrLawnllo Ave (3mmd. ctdi MlgeraLa
County Road lTMnIpg.= lblt o the XMaatlan PNMoneten No. 3 to de Town d of 319.83feet a coded angle of 8.00'221, and bldg subatded a a deaMlm ban
U�ane of nOA Ming runpMtpn M 000010111 Mai onition tesaid �TTonolaAerly Presna: at Redone Caper*
reOG ndary to add Northerly 2)Ip59•4119W.5k,Ntree courses g61M Melba point
Centerline ofidalsp along sale Clintertine Wlyielld County Rod 17'
Thence 989-1617= 30.00 ld Coudy Road 17:
Tor a resmne and beg � oO�IONMo with the Town ne n of Fire* Corportielman PR rate b there: The
r0n3 5Wd�o�,�Iw�alags Medan. heeUnatA1/4e sag
1 Section 28 to the El /4
POOBEGIMMWB
NehTe-63Y8.. 0l bon ce 119.2a ns . memories"
A tea lad cWa ecirdR16, .'XI,m, 2SaMr29.T3N.A6TA'NOItb Wt PM.. County of
WM. Sae L ColoradoD Coer da lodes: •
SON a On SE GuMald Sawn 29 from which r Eld Caner of said Section 29 boas
Cdr d sand Section 29;
9gw5PE. 2590 35 M ease sad East amid =SEMI of @Mtn 2910 the to010402
Area5M170. 170. aware M (155.125 ape, more or less.
Published January 14, 21 and 28 and Felwy 4, 2013 in the Laotian NmnCat MI1021620
•
TOWN OF FIRESTONE, COLORADO
NOTICE OF PUBLIC HEARINGS
Notice is hereby given that the Town of Firestone Planning and Zoning Commission will
hold a Public Hearing commencing at 6:30 p.m., Tuesday, February 5, 2013 at the Firestone Town
Hall, 151 Grant Avenue, Firestone, Colorado 80520. The purpose of the Public Hearing is to
consider a request for zoning of property proposed to be annexed to the Town and known as the
Kurtz Ranch Annexation Nos. 1 and 2 and to consider a request for approval of an Outline
Development Plan, Preliminary Development Plan and Final Development Plan for the property.
The existing zoning is Weld County A, Agricultural uses. The zoning requested is Planned Unit
Development with open space, residential, commercial, and employment land uses.
Further Notice is hereby given that the Board of Trustees of the Town of Firestone will hold
a Public Hearing commencing at 6:30 p.m., Wednesday, February 13, 2013 at the Firestone Town
Hall, 151 Grant Avenue, Firestone, Colorado 80520. The purpose of the Public Hearing is (1) to
determine whether certain property for which a petition for annexation has been filed with the Town,
to be known as the Kurtz Ranch Annexation Nos. I and 2 to the Town of Firestone, meets the
applicable requirements of Section 30 of Article II of the Colorado Constitution and Sections 31-12-
104 and 31-12-105 of the statutes of the State of Colorado and is eligible for annexation to the Town,
(2) to determine the zoning for the proposed annexation, and (3) to consider a request for approval of
an Outline Development Plan, Preliminary Development Plan, and Final Development Plan for the
property. The existing zoning is Weld County A, Agricultural uses. The zoning requested is
Planned Unit Development with open space, residential, commercial, and employment land uses.
Any person may appear at the Public Hearings and be heard regarding the matters under
consideration. The approximate location of the property is along County Road 17 and the Firestone
Trail (former Union Pacific Railroad right-of-way) south of County Road 30, and north of County
Road 30 between County Roads 20 and 19. The legal description of the property that is the subject
of the annexation request is set forth below in Exhibit A of Resolution No. 13-01.
Copies of the annexation petition, resolution finding that the annexation petition is in
substantial compliance with the applicable laws of the State of Colorado, Town of Firestone Master
Plan, and the annexation, zoning, Outline Development Plan and other development application
materials are on file and available for public inspection in the office of the Town Clerk, 151 Grant
Avenue, Firestone, CO 80520, during regular business hours.
Dated the 8th day of January, 2013.
TOWN OF FIRESTONE, COLORADO
Rebecca Toberman, Town Clerk
Published January 14, 21 and 28 and February 4, 2013 in the Longmont Times -Call.
RESOLUTION NO. 13-01
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN
ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE,
COLORADO, KNOWN AS THE KURTZ RANCH ANNEXATION NOS. 1 AND 2
TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING
THEREON.
WHEREAS, a petition for annexation of certain property to be known as the Kurtz Ranch
Annexation Nos. 1 and 2 has been filed with the Town Clerk of the Town of Firestone, Colorado,
and referred to the Board of Trustees of the Town for a determination of substantial compliance with
applicable law; and
WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the
subject property for annexation and zoning, if requested in the petition; and
WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by
Resolution its findings in regard to the petition.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE. COLORADO:
Section 1. The petition, the legal description for which is attached hereto as Exhibit A
and incorporated herein by reference, is in substantial compliance with the applicable laws of the
State of Colorado.
Section 2. No election is required under § 31-12-107(2), C.R.S.
Section 3. No additional terms and conditions are to be imposed within the meaning of
Sections 31-12-107(1)(g), -110(2) or -112. C.R.S.
Section 4. The Board of Trustees will hold a public hearing for the purpose of
determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S.,
and will hold a public hearing to determine the appropriate zoning of the subject property, if
requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520,
on Wednesday, February 13, 2013 at 6:30 p.m.
Section 5. Any person may appear at such hearing and present evidence relative to the
proposed annexation, or the proposed zoning if requested in the petition.
Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by
resolution, its findings and conclusions with reference to the eligibility of the proposed annexation,
2
and whether the statutory requirements for the proposed annexation have been met, and further, will
determine the appropriate zoning of the subject property if requested in the petition.
Section 7. If the Board of Trustees concludes, by resolution, that all statutory
requirements have been met and that the proposed annexation is proper under the laws of the State of
Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to
the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested
in the petition.
Section 8. Resolution No. 12-42 is hereby repealed.
INTRODUCED, READ, and ADOPTED this 2"" day of January, 2013.
Chad Auer
Mayor
ATTEST:
Rebecca Toberman
Town Clerk
EXHIBIT A
LEGAL DESCRIPTION
Kurtz Ranch Annexation Nos. I and 2
A description of the KURTZ RANCH ANNEXATIONS located in Sections 16, 17, 20, 21, 28, 29,
32 and 33, T3N, R67W of the 6th P.M., in Weld County, Colorado.
LEGAL DESCRIPTION — KURTZ RANCH ANNEXATION NO. 1
A tract of land located in Sections 21, 28, 29, 32 and 33, T3N, R67W of the 6th P.M., County of
Weld, State of Colorado, described as follows:
COMMENCING at the SE Corner of the W1/2 of the E1/2 of said Section 32 from which the NE
Corner of said W1/2 of the El/2 of Section 32 bears N00°43'43"W, 5282.52 feet (Basis of
Bearing); thence N00°43'43"W, 1709.75 feet along the East Line of said W1/2 of the E1/2 of
Section 32 to a Northerly Line of Heintzelman Pit Annexation No. 2 to the Town of Firestone
3
and the POINT OF BEGINNING;
Thence S89°16'17"W, 30.00 feet along said Northerly Line being also contiguous with the Town
of Firestone Corporate Boundary to the Westerly Right -of -Way Line of Weld County Road 17;
Thence N00°43'43"W, 3573.20 feet along said Westerly Right -of -Way Line of Weld County
Road 17 to the South Line of the SEI /4 of said Section 29;
Thence N00°20'59"W, 30.00 feet continuing along said Westerly Right -of -Way Line of Weld
County Road 17 to the Northerly Right -of -Way Line of Weld County Road 28;
Thence S89°55'18"E, 1366.36 feet along said Northerly Right -of -Way Line of Weld County
Road 28 to the West Line of the SW1/4 /4 of said Section 28 being also the Centerline of Weld
County Road 17;
Thence N00°48'50"W, 2590.35 feet along said West Line of the SW1/4 of Section 28 being also
said Centerline of Weld County Road 17 to the SW Corner of the NW 1/4 of said Section 28;
Thence N00°48'50"W, 667.34 feet along the West Line of said NW1/4 of Section 28 and
continuing along said Centerline of Weld County Road 17 to an angle point thereon;
Thence N11 °03'07"E, 361.73 feet continuing along said Centerline of Weld County Road 17 to
the Centerline of the Former Union Pacific Railroad;
Thence N29°41'19"E, 4184.63 feet along said Centerline of the Former Union Pacific Railroad to
a point of curve to the left thereon;
Thence 590.43 feet along the arc of said curve continuing along said Centerline of the Former
Union Pacific Railroad, said arc having a radius of 3819.83 feet, a central angle of 8°51'22", and
being subtended by a chord which bears N25°15'38"E, 589.84 feet to a non -tangent point;
Thence $69°10'04"E, 100.00 feet to a non -tangent point of curve to the right on the Easterly
Right -of -Way Line of said Former Union Pacific Railroad;
Thence 605.89 feet along the arc of said curve concave to the Northwest, along said Easterly
Right -of -Way Line of the Former Union Pacific Railroad, said arc having a radius of 3919.83
feet, a central angle of 8°51'22", and being subtended by a chord which bears S25°15'38"W,
605.29 feet to a point of tangency;
Thence S29°41'19"W, 2277.17 feet continuing along said Easterly Right -of -Way Line of the
Former Union Pacific Railroad to an angle point thereon on the North Line of the NW 1/4 of said
Section 28;
Thence N89°58'02"W, 28.77 feet along said North Line of the N W 1/4 of Section 28 and
continuing along said Easterly Right -of -Way Line of the Former Union Pacific Railroad to an
angle point thereon;
Thence S29°41'19"W, 2021.74 feet continuing along said Easterly Right -of -Way Line of the
Former Union Pacific Railroad to the Easterly Right -of -Way Line of said Weld County Road 17;
Thence S11°03'07"W, 212.88 feet along said Easterly Right -of -Way Line of Weld County Road
17 to an angle point thereon;
Thence S00°48'50"E, 664.72 feet continuing along said Easterly Right -of -Way Line of Weld
County Road 17 to the North Line of the SW 1/4 of said Section 28;
Thence S00°48'50"E, 2620.36 feet continuing along said Easterly Right -of -Way Line of Weld
County Road 17 to the North Line of the NW1/4 /4 of said Section 33
Thence S00°35'13"E, 30.00 feet continuing along said Easterly Right -of -Way Line of Weld
County Road 17 to the Southerly Right -of -Way Line of said Weld County Road 28;
Thence N89°50'46"W, 30.00 feet along said Southerly Right -of -Way Line of Weld County Road
28 to the Northeast Corner of Heintzelman Pit Annexation No. 3 to the Town of Firestone;
Thence N89°55'18"W, 1306.52 feet continuing along said Southerly Right -of -Way Line of Weld
County Road 28 being also the Northerly Line of said Heintzelman Pit Annexation No. 3 to the
Town of Firestone and being also contiguous with the Town of Firestone Corporate Boundary to
said Easterly Right -of -Way Line of Weld County Road 17, being also the Northwest Corner of
said Heintzelman Pit Annexation No. 3 to the Town of Firestone:,
Thence S00°43'43"E, 617.61 feet along said Easterly Right -of -Way Line of Weld County Road
17 being also the Westerly Line of said Heintzelman Pit Annexation No. 3 to the Town of
Firestone and being also contiguous with the Town of Firestone Corporate Boundary;
Thence leaving said Westerly Line of the Heintzelman Pit Annexation No. 3 to the Town of
Firestone S00°43'43"E, 413.15 feet and continuing along said Easterly Right -of -Way Line of said
Weld County Road 17 to said Westerly Line of the Heintzelman Pit Annexation No. 3 to the
Town of Firestone;
Thence S00°43'43"E, 2511.59 feet continuing along said Easterly Right -of -Way Line of said
Weld County Road 17 being also said Westerly Line of the Heintzelman Pit Annexation No. 3 to
the Town of Firestone and being also contiguous with the Town of Firestone Corporate Boundary
to said Northerly Line of Heintzelman Pit Annexation No. 2 to the Town of Firestone;
Thence S89°16'17"W, 30.00 feet along said Northerly Line of Heintzelman Pit Annexation No. 2
to the Town of Firestone and being also contiguous with the Town of Firestone Corporate
Boundary to the POINT OF BEGINNING.
Area = 838,258 square feet (19.244 acres), more or less.
LEGAL DESCRIPTION - KURTZ RANCH ANNEXATION NO. 2
A tract of land located in Sections 16, 17, 20, 21, 28, and 29, T3N, R67W of the 6th P.M.,
County of Weld, State of Colorado, described as follows:
COMMENCING at the SE Corner said Section 29 from which the E1/4 Corner of said Section
29 bears N00°48'50"W, 2620.36 feet (Basis of Bearing); thence N00°48'50"W, 30.00 feet along
the East Line of the SE1/4 of said Section 29 to the Northerly Right -of -Way Line of Weld
County Road 28 being also a Northerly Line of Kurtz Ranch Annexation No. 1 and the POINT
OF BEGINNING;
Thence N89°55'18"W, 30.00 feet along said Northerly Right -of -Way Line of Weld County Road
28, being also said Northerly Line of Kurtz Ranch Annexation No. 1, and being also contiguous
with the Town of Firestone Corporate Boundary to the Westerly Right -of -Way Line of Weld
County Road 17;
Thence N00°48'50"W, 2590.32 feet along said Westerly Right -of -Way Line of Weld County
Road 17 to the South Line of the NE1/4 /4 of said Section 29;
Thence N00°48'50"W, 1040.74 feet continuing along said Westerly Right -of -Way Line of Weld
County Road 17 to the Westerly Right -of Way Line of the Former Union Pacific Railroad;
Thence N29°41'19"E, 59.10 feet along said Westerly Right -of Way Line of the Former Union
Pacific Railroad to an angle point thereon on the West Line of the NW1/4 /4 of said Section 28;
Thence N00°48'50"W, 98.51 feet along said West Line of the NW1/4 of Section 28 and
continuing along said Westerly Right -of Way Line of the Former Union Pacific Railroad to an
angle point thereon;
Thence N29°41'19"E, 2694.43 feet continuing along said Westerly Right -of Way Line of the
Former Union Pacific Railroad to the Northeasterly Corner of the Parcel described at the
Warranty Deed recorded October 1, 1974 in Book 724 at Reception No. 1645816 of the Weld
County records;
Thence N60° 18'41 "W, 45.00 feet along the Northerly Line of said Parcel described in Book 724
at Reception No. 1645816 to the Northwesterly Corner thereof;
Thence S29°41'19"W, 980.89 feet along the Westerly Line of said Parcel described in Book 724
at Reception No. 1645816 to the Northerly Right -of -Way Line of Colorado State Highway 66;
Thence Westerly along said Northerly Right -of -Way Line the following eight (8) courses:
1) N68°10'16"W, 23.26 feet;
2) N87°14'13"W, 811.26 feet
3) N87°14'13"W, 494.45 feet;
4) N00°17'29"E, 40.00 feet;
5) N89°42'31 "W, 325.00 feet
6) S85°07'36"W, 777.58 feet;
7) N89°42'31"W, 794.26 feet;
8) N63°23'14"W, 44.97 feet to the Easterly Right -of -Way Line of said Weld County Road
17;
Thence Northerly along said Easterly Right -of -Way Line of Weld County Road 17 the following
thirty-two (32) courses:
1) NO3°01'10"E, 768.01 feet to a point of curve to the left;
2) 271.48 feet along the arc of said curve, said arc having a radius of 1230.00 feet, a central
angle of 12°38'45", and being subtended by a chord which bears NO3°18'12"W, 270.93
feet to a point of tangency;
3) N09°37'35"W, 156.42 feet to the North Line of the SW1/4 of the SE1/4 of said Section
20;
4) Continuing N09°37'35"W, 153.40 feet to a point of curve to the right;
5) 353.63 feet along the arc of said curve, said arc having a radius of 1835.00 feet, a central
angle of 11°02'30", and being subtended by a chord which bears N04°06'20"W, 353.08
feet to a point of tangency;
6) N01 °24'55"E, 301.78 feet to a point of curve to the left;
7) 164.11 feet along the arc of said curve, said arc having a radius of 1730.00 feet, a central
angle of 5°26'07", and being subtended by a chord which bears N01°18'08"W, 164.05 feet
to a point of tangency;
8) N04°01'12"W, 237.84 feet to a point of curve to the right;
9) 438.88 feet along the arc of said curve, said arc having a radius of 6070.00 feet, a central
angle of 4°08'34", and being subtended by a chord which bears N01 °56'55"W, 438.79 feet
to a point of compound curve to the right;
10) 265.42 feet along the arc of said curve, said arc having a radius of 515.00 feet, a central
angle of 29°31'43", and being subtended by a chord which bears N14°53'14"E, 262.49
feet to a point of compound curve to the right;
11)170.78 feet along the arc of said curve, said arc having a radius of 1645.00 feet, a central
angle of 5°56'54", and being subtended by a chord which bears N32°37'32"E, 170.71 feet
to a point of compound curve to the right;
12) 95.59 feet along the arc of said curve, said arc having a radius of 1645.00 feet, a central
angle of 3°19'46", and being subtended by a chord which bears N37°15'52"E, 95.58 feet
to a point of tangency;
13) N38°55'45"E, 402.08 feet to a point of curve to the right;
14) 176.73 feet along the arc of said curve, said arc having a radius of 770.83 feet, a central
angle of 13°08'10", and being subtended by a chord which bears N45°29'50"E, 176.34
feet to a point of compound curve to the right;
15) 195.62 feet along the arc of said curve, said arc having a radius of 465.00 feet, a central
angle of 24°06' 12", and being subtended by a chord which bears N64°07'01 "E, 194.18
feet to a point of tangency;
16) N76°10'06"E, 176.69 feet to a point of curve to the left;
17) 238.20 feet along the arc of said curve, said arc having a radius of 755.00 feet, a central
angle of 18°04'36", and being subtended by a chord which bears N67°07'49"E, 237.21
feet to a point of tangency;
18) N58°05'31 "E, 202.72 feet to a point of curve to the left;
19) 420.97 feet along the arc of said curve, said arc having a radius of 1200.00 feet, a central
angle of 20°06'00", and being subtended by a chord which bears N48°02'31 "E, 418.82
feet to a point of tangency;
20) N37°59'31 "E, 260.73 feet;
21) N39°51'46"E, 422.00 feet;
22) N37°35'20"E, 176.62 feet to a point of curve to the left;
1
23) 178.03 feet along the arc of said curve, said arc having a radius of 680.00 feet, a central
angle of 15°00'01", and being subtended by a chord which bears N30°05' 19"E, 177.52
feet to the North Line of the NE1/4 of said Section 20;
24) 140.28 feet, continuing along the arc of said curve, said arc having a radius of 680.00
feet, a central angle of 11°49'12", and being subtended by a chord which bears
N16°40'43"E, 140.03 feet to a point of compound curve to the left;
25) 209.10 feet along the arc of said curve, said arc having a radius of 2265.00 feet, a central
angle of 5°17'22", and being subtended by a chord which bears N08°07'25"E, 209.03 feet
to a point of tangency;
26) N05°28'44"E, 252.23 feet to a point of curve to the left;
27) 216.27 feet along the arc of said curve, said arc having a radius of 2505.00 feet, a central
angle of 4°56'48", and being subtended by a chord which bears NO3°00'20"E, 216.20 feet
to a point of tangency;
28) N00°31'57"E, 1104.13 feet to a point of curve to the right;
29) 207.28 feet along the arc of said curve, said arc having a radius of 1440.00 feet, a central
angle of 8°14'51", and being subtended by a chord which bears N04°3922"E, 207.10 feet
to a point of tangency;
30) N08°46'48"E, 246.16 feet to a point of curve to the left;
31) 201.87 feet along the arc of said curve, said arc having a radius of 1300.00 feet, a central
angle of 8°53'49", and being subtended by a chord which bears N04°19'53"E, 201.66 feet
to a point of tangency;
32) N00°07'01 "W, 53.78 feet to the North Line of the S W 1 /4 of said Section 16;
Thence S89°51'23"E, 2536.65 feet along said North Line of the SW1/4 /4 of Section 16 to the C1/4
Corner of said Section 16;
Thence N00°44'07"W, 2316.01 feet along the West Line of the NE1 /4 of said Section 16 to the
Southerly Line of Lot 9, State Subdivision according to the plat recorded August 24, 1940 in Plat
Book 7 at Page 6 of the Weld County records;
Thence Westerly along said Southerly Line of said Lot 9 the following two (2) courses:
1) 564°14'22"W, 155.21 feet;
2) N66°26'25"W, 912.35 feet to the Southerly Right -of -Way Line of Weld County Road 34;
Thence Easterly along said Southerly Right -of -Way Line of Weld County Road 34 the following
three (3) courses:
1) S89°54'25"E, 1717.26 feet to a point of curve to the right;
2) 56.96 feet along the arc of said curve, said arc having a radius of 458.97 feet, a central
angle of 7°06'36", and being subtended by a chord which bears S86°01'49"E, 56.92 feet
to a point of tangency;
3) S82°28'31 "E, 792.61 feet to the Easterly Right -of -Way Line of said Former Union Pacific
Railroad;
['hence Southerly along said Easterly Right -of -Way Line of said Former Union Pacific Railroad
the following four (4) courses:
1) S10°38'19"W, 5218.42 feet to the South Line of the SE1/4 of said Section 16;
2) S89°41'45"E, 25.41 feet along said South Line of the SE1/4 /4 of Section 16;
3) S 10°38'19"W, 2143.49 feet to a point of curve to the right;
4) 567.36 feet along the arc of said curve, said arc having a radius of 3919.83 feet, a central
angle of 8°17'35", and being subtended by a chord which bears S 14°47'06"W, 566.86 feet
to a non -tangent point on the East Line of the SW1/4 /4 of said Section 21;
Thence S00°54'20"E, 2619.11 feet along said East Line of the 5W114 of Section 21 to said
Northerly Right -of -Way Line of Colorado State Highway 66;
Thence N89°58'02"W, 1300.54 feet along said Northerly Right -of -Way Line of Colorado State
Highway 66 to the Easterly Line of the Parcel described in the Quitclaim Deed recorded January
16, 1937 in Book 1004 at Page 239 of the Weld County records;
Thence N00°54'07"W, 263.19 feet along said Easterly Line the Parcel described in Book 1004 at
Page 239, to said Easterly Right -of -Way Line of the Former Union Pacific Railroad being also a
point on the Easterly Line of Kurtz Ranch Annexation No. 1;
Thence Northerly along said Easterly Right -of -Way Line of the Former Union Pacific Railroad
being also said Easterly Line of Kurtz Ranch Annexation No. 1, and being also contiguous with
said Corporate Boundary of the Town of Firestone the following two (2) courses:
1) N29°41' 19"E, 1939.82 feet to a point of curve to the left;
ti
2) 605.89 feet along the arc of said curve, said arc having a radius of 3919.83 feet, a central
angle of 8°51'22", and being subtended by a chord which bears N25°15'38"E, 605.29 feet
to a non -tangent point;
Thence N69°10'04"W, 100.00 feet along the Northerly Line of said Kurtz Ranch Annexation No.
1, and being also contiguous with said Corporate Boundary of the Town of Firestone to a non -
tangent point of curve to the right on the Westerly Line of said Kurtz Ranch Annexation No. 1,
being also the Centerline of said Former Union Pacific Railroad;
Thence Southerly along said Westerly Line of Kurtz Ranch Annexation No. 1, and being also
contiguous with said Corporate Boundary of the Town of Firestone the following five (5)
courses:
The following two courses being also said Centerline of the Former Union Pacific Railroad:
1) 590.43 feet along the arc of said curve concave to the Northwest, said arc having a radius
of 3819.83 feet, a central angle of 8°51'22", and being subtended by a chord which bears
S25°15'38"W, 589.84 feet to a point of tangency;
2) S29°41'19"W, 4184.63 feet to the Centerline of said Weld County Road 17;
The following three courses being also along said Centerline of Weld County Road 17:
3) S11°03'07"W, °03'07"W, 361.73 feet to West Line of the NW 1/4 of said Section 28;
4) S00°48'50"E, 667.34 feet along said West Line of the NW1/4 of Section 28 to the E1/4
Corner of said Section 29;
5) S00°48'50"E, 2590.35 feet along said East Line of the SE1/4 of Section 29 to the POINT
OF BEGINNING.
Area = 37,279,800 square feet (855.826 acres), more or less.
Annexation Impact Report
Kurtz Ranch Annexation No. 1 and 2
Town of Firestone
Weld County
Colorado
January 18, 2013
Kurtz Ranch Annexation No. 1 and 2
Town of Firestone
Weld County, Colorado
I. Project Description
The location of the proposed Kurtz Ranch Annexation No. 1 and 2
Annexations ("Kurtz Annexations") is shown on the Annexation Maps
(Attachment A). The area to be annexed includes approximately 875.1
acres of predominately vacant land in unincorporated Weld County.
In conjunction with the proposed annexation, the zoning for the subject
property is anticipated to change from Weld County Agricultural zoning to
Town of Firestone Planned Unit Development zoning with open space land
uses. The proposed Outline Development Plan for the property is shown in
Attachment B. Current use of the property includes agricultural activities
with related accessory uses. The Town Board will review the annexation
and zoning proposals in relation to the Town's current land use and
development policies. The land uses proposed are generally consistent
with the Firestone Master Plan. A referral relative to the proposed land use
for the property will be sent to the Weld County planning department for
comments. The Town's current boundaries are shown in Attachment C.
II. Municipal Services
Municipal services for the Kurtz Annexations are anticipated to be provided
in the following manner at the time of development of the property:
Electricity United Power
Fire Frederick -Firestone Fire Protection District
Natural Gas Xcel Energy
Police Firestone Police Department
Sewer St. Vrain Sanitation District / Septic
Telephone Qwest
Water Town of Firestone / Well / Little Thompson Water
District / Central Weld County Water District
Financing for the extension of and/or the improvement of the municipal
services will primarily be the responsibility of the property owner/developer,
through appropriate agreements and financing and completion guarantees.
Additional funding for provision of municipal services provided by the Town
will be financed through impact fees, taxes, charges or special
improvement districts, if necessary.
Kurtz Ranch Annexation No. 1 and 2
Impact Report 1
The owner/developer will primarily be responsible for the costs of water
and service facilities serving the property. The Outline Development Plan
generally shows approximate existing or planned locations of ditches,
transportation facilities, water and sewer facilities and other known utilities.
Access to the property is required to comply with the Town's adopted
access code.
III. Special Districts
The area proposed to be annexed is within or will petition for inclusion into
the following special districts as may be directed by the Town:
• High Plains Library District
• Weld County School District RE -1
• Northern Colorado Water Conservancy District
• St. Vrain Left Hand Water District
• Frederick -Firestone Fire Protection District
• St. Vrain Sanitation District
• Carbon Valley Parks and Recreation District
• Aims Junior College
IV. School District Impact
A referral regarding this annexation and the currently proposed land uses
will be sent to the School District for referral consistent with the
Intergovernmental Agreement between the Town of Firestone and the
Weld County School District RE -1 Concerning Fair Contributions for Public
School Sites. The response from the School District should be
forthcoming. The density of the proposed annexation is still being
considered by the Town. The project is almost completely non-residential
therefore no significant number of students will be generated from the
proposed development.
V. Annexation Agreement
Although all the details of an annexation agreement between the Town and
the applicant have not been negotiated, the Town of Firestone's form
annexation agreement is attached as Exhibit D.
Kurtz Ranch Annexation No. 1 and 2
Impact Report 2
VI. Attachments
A. Annexation Maps
B. Outline Development Plan
C. Current Town Boundary
D. Draft Annexation Agreement
Kurtz Ranch Annexation No. 1 and 2
Impact Report 3
ATTACHMENT
A
Lo
ATTACHMENT
B
Y\r\c4) — '
ATTACHMENT
C
ATTACHMENT
D
ANNEXATION AGREEMENT
(Standard Form May 6, 2002)
THIS AGREEMENT is made and entered into this daof
by and between hereinafter referred to as
or "Owner," and the TOWN OF FIRESTONE, a municipal corporation
of the State of Colorado, hereinafter referred to as "Firestone" or "Town".
WITNESSETH:
WHEREAS, the Owner desires to annex to Firestone the property more particularly
described on Exhibit "A," which is attached hereto, incorporated herein, and made a part hereof
(such property is hereinafter referred to as "the property"); and
WHEREAS, Owner has executed a petition to annex the property, a copy of which petition
is on file with the Town Clerk; and
WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following
Agreement; and
WHEREAS, Owner acknowledges that upon annexation, the property will be subject to all
ordinances, resolutions, and other regulations of the Town of Firestone, as they may be amended
from time to time; and
WHEREAS, Owner acknowledges that the need for conveyances and dedication of certain
property, including but not limited to property for ways and easements to Firestone as contemplated
in this Agreement, are directly related to and generated by development intended to occur within
the property and that no taking thereby will occur requiring any compensation.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND
THE COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND
BETWEEN THE PARTIES AS FOLLOWS:
1. Incnrpnratinn of Rrritalc The parties confirm and incorporate the foregoing recitals
into this Agreement.
2. Purpose. The purpose of this Agreement is to set forth the terms and conditions of
the annexation of the property to the Town. Except as expressly provided for herein to the contrary,
all terms and conditions herein are in addition to all requirements concerning annexation contained
in the Firestone Municipal Code, Development Regulations and Comprehensive Plan, and the
1
EXHIBIT N
Municipal Annexation Act of 1965, as amended, C.R.S. Section 31-12-101 et seq.
3. Eu er_Arts. Owner agrees to execute, promptly upon request of Firestone, any
and all surveys and other documents necessary to effect the annexation of the property and the other
provisions of this Agreement. Owner agrees to not sign any other petition for annexation of the
property or any petition for an annexation election relating to the property, except upon request of
Firestone.
4. Ann xarinn Tlnr„meats. Owner agrees to provide legal documents, surveys,
engineering work, newspaper publication, maps, and reports determined by Firestone to be
necessary to accomplish the annexation. Firestone shall at Owner's expense prepare the annexation
impact report.
5. Artinn nn Annexation Petition. Firestone shall act upon the annexation
petition within six months of the date of filing thereof with the Town Clerk, unless Owner consents
to later action.
6. Zoning and llevelnnrnent. The parties recognize that it is the intent and desire of
Owner to develop the property in a manner generally consistent with the zoning requested and that
the granting of such zoning by the Town of Firestone is a condition to annexation of the property.
Owner shall take all action necessary to permit zoning by Firestone of the annexed property within
the time prescribed by state statutes.
7. Dedications. Owner agrees to dedicate by General Warranty Deed or appropriate
instrument of conveyance acceptable to the Town, ten percent of the territory to be annexed for
public open space or pay an equivalent fee in lieu of dedication, in addition to easements and
rights-
of-way
for streets and other public ways and for other public purposes,
ordinances and resolutions. Such dedications shall occur immediately upon request ofthe Townthe
except that internal rights -of -way shall be dedicated at the time of subdivision platting, unless
Town specifies another time.
8.
Publiclmnrovements, Owner agrees to design, improve, and provide signage,
lighting, and signalization for, all public streets and other public ways within or adjacent to the
property in accordance with Town ordinances and resolutions and other applicable standards,
subject to any reimbursement which may be provided for in such ordinances, resolutions, and
standards, and to make such other improvements as required by Town ordinances and resolutions,
to guarantee construction of all required improvements, and, if requested by Firestone, to dedicate es to Firestone any or all other required improvements. uch improvements and other matters one, Owner
m any
to
enter into an agreement pertaining
development of the property.
2
EXHIBIT N
9. TmprnvrrnentDistricts. If requested by Firestone, Owner agrees to include
the property in one or more special improvement districts or other mechanisms established by
Firestone for making improvements to streets and other public ways, or for making other public
improvements authorized by law, and Owner hereby appoints the Town Clerk of Firestone as
Owner's attorney -in -fact for the purpose of executing all documents determined by Firestone to be
necessary for such inclusion. If requested by Owner, Firestone agrees to consider the establishment
of one or more special improvement districts for making such improvements.
10. Conformity with Laws. Owner agrees that the design, improvement,
construction, development, and use of the property shall be in conformance with, and that Owner
shall comply with; all Town ordinances and resolutions including, without limitation, ordinances
and resolutions pertaining to annexation, subdivision, zoning, storm drainage, utilities, access to
Town Streets and flood control.
11. No Repeal of Laws. Nothing contained in this Agreement shall constitute or be
interpreted as a repeal of the Town's ordinances or resolutions, or as a waiver of the Town's
legislative, governmental, or police powers to promote and protect the health, safety, and welfare of
the Town and its inhabitants; nor shall this Agreement prohibit the enactment or increase by the
Town of any tax or fee.
12. Diccnnnectinn.No right or remedy of disconnection of the property from the Town
shall accrue from this Agreement, other than that provided by applicable state laws. In the event the
property or any portion thereof is disconnected at Owner's request, Firestone shall have no
obligation to serve the disconnected property or portion thereof and this Agreement shall be void
and of no further force and effect as to such property or portion thereof.
13. Severability The parties agree that if any part, term, portion, or provision of this
Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of
the State of Colorado, the validity of the remaining parts, terms, portions, or provisions shall not be
affected, and the rights and obligations of the patties shall be construed and enforced as if the
Agreement did not contain the particular part, term, portion, or provision held to be invalid.
14. Municipal Servirrs Firestone agrees to make available to the property all of the
usual municipal services in accordance with the ordinances and policies of the Town which services
include, but are not limited to, police protection and water services. Water service to the property
shall be obtained from and provided by the Town, subject to all ordinances, resolutions, rules,
regulations, agreements and policies governing such use, as in effect from time to time. Owner
acknowledges that Town services do not include, as of the date of the execution of this Agreement,
fire protection, emergency medical services or sanitary sewer services, but the property is presently
included within the boundaries of and is entitled to receive such services from the
Fire Protection District and the Sanitation District.
15. Water Rights. Owner shall dedicate water rights as set forth in this section.
3
EXHIBIT N
A. Residential Nes. Owner, as a prerequisite to annexation, agrees to furnish and
transfer ownership to the Town of the minimum water rights as required under Section 1.08.050.A
of the Firestone Municipal Code with respect to any residential development on the property. All
such water transferred to the Town shall be Northern Colorado Water Conservancy
District/Colorado Big -Thompson water shares or such other shares as the Town in its sole.
discretion may accept. Title to the required water rights, free and clear of all liens and
encumbrances, shall be deliverable to the Town at the time of final subdivision platting of any
residential area. No subdivision plat shall receive final approval until the Town becomes the titled
owner of all water required for the platted area.
B. Commercial and Industrial T Ices. Owner, as a prerequisite to annexation, agrees
to furnish and transfer ownership to the Town of the minimum water rights as required under
Section 1.08.050.B of the Firestone Municipal Code with respect to any portion of the property
zoned commercial or industrial. This requirement shall be met. at the time of annexation. If no
portion of the property is zoned at the time of annexation for commercial or industrial use, the
requirements of this subsection B shall be met at the time of rezoning of any portion of the property
for commercial or industrial use.
C. Appurtenant Water Rights/Right of First Refusal. Owner represents that there are
appurtenant to the Property certain surface and/or groundwater water rights owned by Owner and
set forth on Exhibit "B", which is attached hereto, incorporated herein, and made a part hereof
(hereinafter referred to as "the Water Rights"). Owner further represents that the Water Rights
constitute all of the water rights appurtenant to the Property, that the Water Rights are and will be
used in connection with current uses of the Property until the Property is developed.
If the Owner at any time determines to sell or transfer all or any portion of the Water Rights for any
use other than a use upon the Property, then the Owner shall provide the Town with written notice
of Owner's intent to make such a sale or transfer. The notice shall include a description of the
Water Rights proposed for sale or transfer, the proposed sale or transfer price, and all other material
terms and conditions of the proposed sale or transfer. For a period of sixty (60) days after receipt of
such notice, the Town shall have the first right to purchase the Water Rights intended for sale or
transfer.
The Town may purchase the Water Rights intended for sale or transfer upon terms and conditions
that are mutually acceptable to Owner and the Town, but which are in no event less favorable than
the terms and conditions of Owner's intended sale or transfer to any third party who is a bona fide
purchaser for value. In the event the purchase price cannot be determined by reference to an offer
by a bona fide purchaser, the purchase price to be paid by the Town shall be established by a
qualified water rights appraiser selected by agreement of the Town and Owner within ten (10) days
after Town receipt of Owner's notice of intent to sell or transfer the Water Rights. In the event the
Town and Owner are unable to agree upon an appraiser, then each party shall within fifteen (15)
days of Town receipt of such notice select its own appraiser, and the two of them shall appoint a
4 EXHIBIT N
single appraiser within twenty (20) days of Town receipt of such notice. In the event Owner and
the Town have not entered into an agreement within sixty (60) days of the Town's receipt of
Owner's notice of intent to sell or transfer the Water Rights, then the Town's first right to purchase
the Water Rights shall terminate. The Owner may thereafter proceed to sell or transfer the Water
Rights on terms and conditions no more favorable than the terms and conditions last offered to the
Town.
The Owner and Firestone agree that the above provisions shall apply in lieu of the requirement in
Firestone Municipal Code Section 1.08.050.C, requiring the Owner offer to sell appurtenant water
rights at the time of annexation. The right of first refusal under this Paragraph shall terminate upon
the consummation of the sale to a third party of all or that portion of the Water Rights conveyed of
the above -described Water Rights, but only as to the portion and interest so sold, and only after full
compliance with the terms of this right of first refusal, and provided the sale is on the same terms
and conditions and for the price set forth in the notice sent to the Town; however, if such sale is not
consummated, this right of first refusal shall remain in effect. In any event, all rights under this
Paragraph shall terminate ninety years from the date of this Agreement.
16. cperial Prnvisinns [Leave blank for special provisions.]
17. Owners Association. If required by state law, Owner shall organize an appropriate
unit owners association or associations for given parcels and/or unit types within the development
of the Property. Owner shall form any such association(s) pursuant to the Colorado Common
Interest Ownership Act ("Act"). C.R.S. Section 38-33.3-101 et seq. The Owner shall also execute
and record covenants and instruments of conveyance which comply with the Act and which
adequately provide for continuous ownership, operation, maintenance, repair and replacement of
common elements of the development, including but not limited to any private roads, private
common areas and private facilities. At least ten (10) days prior to recording any covenants or
instruments of conveyance to the association(s), Owner shall provide such documents to the Town
Attorney for review and comment.
18. Special District Inclusion. Within ten (10) days after written request by the Town,
Owner shall apply for inclusion of the property within the Northern Colorado Water Conservancy
District, the Sanitation District, the Carbon Valley Recreation District (if the
property is not yet within one or more of these district), and any other special districts as determined
by the Town.
19. Future (`onperation. The parties agree that they will cooperate with one another in
accomplishing the terms, conditions, and provisions of the Agreement, and will execute such
additional documents as necessary to effectuate the same.
20. Amendment. This Agreement may be amended by the Town and any Owner
without the consent of any other Owner as long as such amendment affects only that Owner's
portion of the property. Such amendments shall be in writing, shall be recorded with the County
5 EXHIBIT N
Clerk of Weld County, Colorado, shall be covenants running with the land, and shall be binding
upon all persons or entities having an interest in the property subject to the amendment unless
otherwise specified in the amendment. Except as otherwise provided herein, this Agreement shall
not be amended unless approved in writing by all parties hereto.
21. Entire Agreement This Agreement embodies the entire agreement of the
parties. There are no promises, terms, conditions, or obligations other than those contained herein;
and this Agreement supersedes all previous communications, representations, or agreements, either
verbal or written, between the parties.
22 indemnificatinn Owner agrees to indemnify and hold harmless the Town and
the Town's officers, employees, agents, and contractors, from and against all liability, claims, and
demands, including attorneys' fees and court costs, which arise out of or are in any manner
connected with the annexation of the property, or with any other annexation or other action
determined necessary or desirable by the Town in order to effectuate the annexation of the property,
or which are in any manner connected with Firestone's enforcement of this Agreement Owner
thither agrees to investigate, handle, respond to, and to provide defense for and defend against or at
the Town's option to pay the attorneys' fees for defense counsel of the Town's choice for, any such
liability, claims, or demands.
23. Owner As used in this Agreement, the term "Owner" shall include any of the heirs,
transferees, successors, or assigns of Owner, and all such parties shall have the right to enforce this
Agreement, and shall be subject to the terms of this Agreement, as if they were the original parties
thereto.
24. Amendments to Law As used in this Agreement, unless otherwise specifically
provided herein, any reference to any provision of any Town ordinance, resolution, or policy is
intended to refer to any subsequent amendments or revisions to such ordinance, resolution, or
policy, and the parties agree that such amendments or revisions shall be binding upon Owner.
25. Binding Effect This Agreement shall be binding upon and inure to the
benefit of the heirs, transferees, successors, and assigns hereof, and shall constitute covenants
running with the land. This Agreement shall be recorded with the County Clerk of Weld County,
Colorado, at Owner's expense. Subject to the conditions precedent herein, this Agreement may be
enforced in any court of competent jurisdiction.
26. Failure to Annex This Agreement shall be null and void if the Town fails to
approve the annexation of the property.
27. Notice. All notices required under this Agreement shall be in writing and shall be
hand -delivered or sent by facsimile transmission or registered or certified mail, return receipt
requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand
delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon
6 EXHIBIT N
transmission receipt. All notices by mail shall be considered effective 72 hours after deposit in the
United States mail with the proper address as set forth below. Either party by notice so given may
change the address to which future notices shall be sent.
Notice to Town:
With copy to:
Notice to Owner:
With copy to:
Town of Firestone
P.O. Box 100
Firestone, CO 80520
Griffiths, Tanoue, Light,
Harrington & Dawes, P.C.
1860 Blake Street, #550
Denver, CO 80202
28. Election Owner agrees that it is voluntarily entering into this Agreement. Owner
represents and submits that, to the extent an election would be required pursuant to C.R.S., 31-12-
112, as amended, to approve the annexation or to impose terms and conditions upon the Property to
be annexed, Owner owns 100 percent of the Property, excluding public streets and alleys, and
would vote to approve the annexation and all terms and conditions as set forth herein. Thus, any
election would necessarily result in a majority of the electors' approval to the annexation and the
terms and conditions.
29. J egiclative Discretion. The Owner acknowledges that the annexation and zoning of
the property are subject to the legislative discretion of the Board of Trustees of the Town of
Firestone. No assurances of annexation or zoning have been made or relied upon by Owner. In the
event that, in the exercise of its legislative discretion, any action with respect to the property herein
contemplated is not taken, then the sole and exclusive right of Owner with respect to such exercise
of discretion shall be the withdrawal of the petition for annexation by the Owner, or disconnection
from the Town in accordance with state law, as may be appropriate.
30. No Third -Party Rights This Agreement is made solely for the benefit of the parties
hereto, and is not intended to nor shall it be deemed to confer rights to any persons or entities not
named as parties hereto.
31. Governing Taw The laws of the State of Colorado shall govern the validity,
performance, and enforcement of this Agreement. Should either party institute legal suit or action
7 EXHIBIT N
for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action
shall be in Weld County, Colorado.
32. Hrarlinpc The paragraph headings in this Agreement shall not be used in the
construction or interpretation hereof as they have no substantive effect and are for convenience
only.
33. No Warrantiec by Town. The Town is entering into this Agreement in good faith
and with the present intention, on the part of the present Town Board, that this Agreement will be
complied with. However, because some of the provisions of this Agreement may involve areas of
legal uncertainty, the Town makes no representation as to the validity or enforceability of this
Agreement against the Town, and by entering into this Agreement the Owner acknowledges and
accepts that no such warranty is made on the part of the Town.
OWNER
By:
TOWN OF FIRESTONE
By:
Rick Patterson, Mayor
ATTEST:
Town Clerk
EXHIBIT N
ACKNOWLEDGEMENT (Owner)
STATE OF COLORADO
COUNTY OF )
).
)ss
The above and foregoing signature of
was subscribed and sworn to before me this day of
Witness my hand and official seal
My commission expires on:
(SEAL)
050602/853 [sjI]F:\Users\Sam\WPDocs\Fireston\Forms\Annex.agm
9 EXHIBIT N
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
10 EXHIBIT N
EXHIBIT B
DESCRIPTION OF APPURTENANT WATER RIGHTS
11 EXHIBIT N
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