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HomeMy WebLinkAbout20132841.tiffCOME PAINT YOUR FUTURE WITH US www.fortlupton.org October 3, 2013 Fax: 303.857.0351 Planning & Building Fort Lupton, CO 80621 130 S. McKinley Avenue Phone: 303.857.6694 Greeley: 970.346.0326 RECEIVED 0CT 072iIo3 WELD COUNTY COMMISSIO RS CDOT PARK N RIDE ANNEXATION IMPACT REPORT Statement of Purpose This Annexation Impact Report, which has been prepared pursuant to Section 31-12-108.5 of the Colorado Revised Statutes, is based on the Annexation Petition and Zoning submitted by the Applicants. It is being reviewed and evaluated by the City of Fort Lupton Staff, and is scheduled for review by the City of Fort Lupton Planning Commission on October 22, 2013 and City Council on October 28, 2013. Please contact Todd Hodges, Planning Director at the address on the cover of this report, or at telephone number 303-857-6694, with comments and/or questions regarding this report. Project Description The property proposed for annexation consists of 8.203+ acres situated north of and adjacent to State Highway 52 and west of US Highway 85. The annexation includes a portion of State Highway 52 right-of-way. The annexation meets the 1/6`h or 16.67% contiguity requirements set by State Statutes. Requested zoning for the property described herein is C-2 compliant with City of Fort Lupton Zoning Regulations and existing zoning and proposed uses of the land. The land is currently zoned agricultural in Weld County. The annexation and zoning map is attached along with the Vicinity Map. This report is divided into six elements, which correspond to C.R.S. 31-12-108.5 (1)(a) through (0 and are set forth as follows: (a) a map or maps of the municipality and adjacent territory to show the following: (I) The present and proposed boundaries of the municipality in the vicinity of the proposed annexation; (II) The present streets, major trunk water lines, sewer interceptors, and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation and; (III) The existing and proposed land use pattern in the areas to be annexed. RutoQ& komico to(ic(13 CC' PL-i PillGISl Sp)Cm. 0'03- agt-it (b) a copy of any draft of the annexation agreement, if available; (c) a statement setting forth the plans of the municipality for extending to or otherwise providing for, within the area to be annexed, municipal services performed by or on behalf of the municipality at the time of annexation; (d) a statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed; (e) a statement identifying existing districts within the area to be annexed; (0 a statement on the effect of annexation upon local public school district systems including the estimated number of students generated and the capital construction required to educate such students. The following maps have been attached as required in subparagraph (a) of C.R.S. Section 31-12- 108.5: • The present and proposed boundaries of the City of Fort Lupton in the immediate vicinity of the proposed annexation; • The present streets, major water transmission mains, primary sanitary sewer outfalls, storm drainage infrastructure, ancillary utility mainlines, irrigation canals and ditches, and the proposed extension of such streets and utility services in the vicinity of the proposed annexation per the 2007 Utility Master Plan; • The existing land use pattern in the area is commercial, recreational, rural residential, and agricultural. The proposed land use pattern in the subject area to be annexed is parks and open space and public/institutional facilities. The site is directly west and adjacent to Pearson Park and will share the access to both Pearson Park and the City of Fort Lupton's waste treatment facilities. In addition pursuant to the requirements of Subparagraphs (b) through (f), inclusive of said section, the following items have been addressed or presented: (b) A final Annexation Agreement and Annexation Ordinance shall be submitted to the Weld County Clerk and Recorder for recordings and to the Weld County Attorney, upon request. (c) The plans of the City of Fort Lupton for extending municipal services to, or otherwise providing for municipal services to the subject property to be annexed as follows: 1. On — Site / Off -Street Improvements: No improvements are required as part of this annexation and zoning, however the proposed use of the property is also being reviewed as a site plan and improvements will be made to the existing access to the site and Pearson park. The annexation agreement will address any future services. 2. Dry Utilities to Service Property: Electrical, telephone, cable television and natural gas facilities are located in the vicinity of the property or already serving the properties to be annexed and further developed. 3. Water Transmission and Sanitary Sewer Interceptors: Water and sewer service can be extended to serve this site and will be addressed in the annexation agreement. The proposed uses will not require water or sewer service at this time. 4. Police, Fire, and Other City Services: Police protection will be provided by the City of Fort Lupton. Fire protection will be provided by the Fort Lupton Fire Protection District. 5. Water Distribution and Sewer Collection: The developer of the property will be responsible for all construction of any additionally required water and sanitary sewer systems in accordance with the City's Standards and Specifications for on -site services. This item will be addressed in the annexation agreement. 6. Storm Drainage: Storm drainage should not be negatively impacted. Storm drainage is being review as part of the site plan process that was submitted with the annexation and zoning request. 7. Public Lands /Open Space: The dedication of public lands and open space will be addressed in the annexation agreement. Public lands and open space will be addressed as part of any future development proposal. 8. Public Facility Extension: The City does not anticipate that there will be a need for the Owner to extend or construct any offsite public facilities, i.e. recreation centers, etc. (d) In the event that Property is developed further and the extension of municipal services to the annexed property is required, the development of future water, sewer, and storm water infrastructure within the Property shall be accomplished by one or more of the following Financing Methods: 1. Development Fees and Surcharges collected by the City of Fort Lupton 2. Direct Developer Financing 3. Metropolitan Districts 4. Special Improvement Districts 5. Otherwise by agreement between City and the Developer as deemed appropriate. (e) Consistent with C.R.S. 31-12-108.5, the following Districts and all taxing entities are identified with the current 2012 property tax mill levy and are attached hereto. (f) This current annexation and zoning should not have any negative impact on the Weld County RE -8 Fort Lupton School District. The School District has received a copy of the annexation impact report and the referral request for their review and comment. Attachments: 1. Fort Lupton Resolution No. 2013R038 accepting annexation petition and setting public hearing Petition for annexation 2. Annexation petition and maps 3. Vicinity map with Fort Lupton boundary 4. Comp Plan Land Use Map 5. Water map 6. Wastewater map 7. Storm drainage map 8. 2012 Tax Levies Weld County Colorado Approved as to form: RESOLUTION NO. 2013R038 A RESOLUTION OF THE CITY COUNCIL OF FORT LUPTON INITIATING ANNEXATION PROCEEDINGS FOR THE CDOT PARK N RIDE ANNEXATION LOCATED NORTH AND ADJACENT TO STATE HIGHWAY 52 AND WEST OF PEARSON PARK AND INITIAL ZONING TO C-2 HEAVY COMMERCIAL AND SETTING A PUBLIC HEARING. WHEREAS, the Fort Lupton City Council has reviewed the annexation petition submitted for 8.203+ acres known as the CDOT Park n Ride Annexation; and WHEREAS, the Fort Lupton City Council finds the annexation petition to be complete and in substantial conformance with the requirements of C.R.S. 31-12-107 (1) as amended. NOW THEREFORE BE IT RESOLVED that the Fort Lupton City Council hereby approves Resolution 2013R038 initiating annexation proceedings for the CDOT Park n Ride Annexation, and sets the hearing date for October 28, 2013 to determine if the proposed annexation complies with C.R.S. 31-12-104 and 31-12-105, or such parts thereof as may be required to establish eligibility for annexation under the terms of Part 1, Article 12, Title 31, C.R.S. APPROVED AND ADOPTED BY THE FORT LUPTON CITY COUNCIL THIS l6t" DAY OF SEPTEMBER 2013. ity of Fort Lupton, Colorado a ToHo n, Mayor Attest: '"1E �r "% . %.94t Nane . Fornof, MMC= c ; V "4-= City Clerk co °o' ;T11 .. i+ e Sr V61% .. CITY OF FORT LUPTON LAND USE AND DEVELOPMENT APPLICATION DATE: 9/6/13 ADDRESS / LOCATION OF PROJECT: TBD PROJECT NAME: CDOT Park n Ride LEGAL DESCRIPTION (LOT, BLK, TWNSHP, RNG.): See Attached Exhibit "A" PLEASE CHECK THE APPROPRIATE ITEM(S): ANNEXATION INITIAL ZONING CHANGE OF ZONE PUD PLAN SPECIAL USE MINOR SUBDIVISION SKETCH PLAT PRELIMINARY PLAT FINAL PLAT AMENDED PLAT Flood Hazard Permit ADMIN SITE PLAN SITE PLAN PUD SITE PLAN COMP PLAN AMENDMENT OIL & GAS DEVELOPMENT PRESENT ZONING: AG AREA IN ACRES: 7.129 PROPOSED ZONING: C2 PRESENT USE: AG PROPOSED # OF LOTS: PROPOSED # OF DU'S: 0 PROPOSED GROSS FLOOR AREA: N/A MIN LOT SIZE: AVG. LOT SIZE: 7. 129 PROPERTY OWNER:CDOT Mineral lesees: see attached Zeren Land Services list PROJECT CONTACT: Robin Stoneman/CDOT 970-506-4952 NAME: CDOT NAME: CDOT Park and Ride ADDRESS: Subject — TBD CDOT - 1420 2nd Street, Greeley, CO 80631 FIRM / COMPANY: CDOT PHONE: Bob Grube: 970-350-2152 ADDRESS: same SIGNATURE: J • � eerei �/ PHONE: same FAX: 970-350-2178 EMAIL: bob.grube@state.co.us TITLE: CDOT R4 ROW Manager DATE: 9/6/13 I FOR OFFICE USE ONLY I DATE RECEIVED: EXHIBIT A CITY OF FORT LUPTON GENERAL FEE DEPOSIT SCHEDULE ANNEXATION FEE DEPOSITS: 1. ONE TO TEN ACRES $ 750.00 PLUS $10.00 / ACRE+ $71.29 =$821.29 2. ELEVEN TO FIFTY ACRES $ 1,000.00 PLUS $ 8.00 / ACRE 3. FIFTY-ONE TO ONE HUNDRED ACRES $ 1,500.00 PLUS $ 6.00 / ACRE 4. OVER ONE HUNDRED ACRES $ 2,000.00 PLUS $ 4.00 / ACRE OIL AND GAS EXPLORATION AND DEVELOPMENT PERMIT: 5. REVIEW / PERMIT FEE $ 1,100.00 MINING OR EXTRACTION OF MINERALS PERMIT: 6. THE FIRST TWENTY-FIVE ACRES $1,000.00 PLUS $10.00 / ACRE OR FRACTION THEREOF IN EXCESS OF TWENTY-FIVE ACRES ZONING FEE DEPOSITS: 7. ZONING CHANGE $ 900.00 8. SPECIAL USE PERMIT (GENERAL) $ 900.00 9. SPECIAL USE PERMIT (GRAVEL MINING) $ 1500.00 10. SPECIAL USE PERMIT (DAYCARE) $ 250.00 11. VARIANCE $ 300.00 SUBDIVISION (PLAT) FEE DEPOSITS: 12. SKETCH PLAT $ 900.00 13. PRELIMINARY PLAT $ 1,500.00 14. FINAL PLAT $ 900.00 15. MINOR SUBDIVISION $ 1,500.00 16. PUD (PRELIMINARY AND FINAL) $ 2,400.00 SITE PLAN 17. PRELIMINARY SITE PLAN 18. FINAL SITE PLAN $ 900.00 $ 1,500.00 2 COMPREHENSIVE PLAN AMENDMENT: 19. COMP PLAN AMENDMENT $ 1,500.00 OTHER DEPOSITS: 20. ADMISTRATIVE REVIEW (MINOR) $ 500.00 21. AMENDED PLAT (REPLAT) FOR DRAINAGE & UTILITY EASEMENTS $ 500.00 22. AMENDED PLAT (LOT LINE ADJUSTMENTS ONLY) $ 500.00 23. DEVELOPMENT REVIEW TEAM (DRT) $ 250.00 PLUS CONSULTANT EXPENSES 24. OTHER SERVICES PROVIDED BY CITY STAFF $ 55.00 / HOUR 25. CITY CONSULTANT SERVICES AT, COST (Escrow) initial amount to be paid at subs ittal x 10,000 00 Escrow will be maintained b'ased on work'completed.. FLOODPLAIN DEVELOPMENT: 26. PERMIT FEE:. REVIEW $150100 UP TO TENr'ACRES $ 1,500.00 OVER TEN ACRES FEES ARE NON-REFUNDABLE AND DUE AT TIME OF APPLICATION SUBMITTAL. FEES ARE SET BY CITY COUNCIL BY RESOLUTION. CITY STAFF IS NOT AUTHORIZED TO NEGOTIATE FEES AND CANNOT, UNDER ANY CIRCUMSTANCES, CHANGE, REDUCE, OR AMEND THE FEES SET FORTH IN EXHIBIT A WITHOUT CITY COUNCIL AUTHORIZATION. ESCROW FEES SHALL BE TRACKED THROUGHOUT THE COURSE OF THE APPLICATION PROCESS. ONCE THE INITIAL ESCROW HAS BEEN USED THE CITY WILL REQUIRE ADDITIONAL FUNDS TO COVER CITY CONSULTANT SERVICES. Total at time of application submittal: $14,221.29. 3 PETITION FOR ANNEXATION TO: THE CITY COUNCIL OF FORT LUPTON, COLORADO We, the undersigned landowners, in accordance with Colorado law, hereby petition the City of Fort Lupton and its City Council for annexation to the City of Fort Lupton 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 CDOT Park and Ride Annexation to the City of Fort Lupton. As part of this petition, your petitioners further state to the City Council that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the City of Fort Lupton. 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 City of Fort Lupton or will be contiguous with the City of Fort Lupton 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 City of Fort Lupton. 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 City of Fort Lupton. e. 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, 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, together with the buildings and improvements situated thereon, has an assessed value in excess of two 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 area proposed to be annexed for the annexation of such area to another municipality. The area proposed to be annexed is not part of any incorporated city, city and county, or town. 1 h. The territory proposed to be annexed does not include any area which is the same or substantially the same area in which an election for an annexation to the City of Fort Lupton was held within the twelve months preceding the filing of this petition. i. The annexation of the area proposed to be annexed will not result in the detachment of said area from any school district. j. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the City of Fort Lupton more than three miles in any direction from any point of the boundary of the City of Fort Lupton in any one year. k. The territory to be annexed is 8.203 acres in total area. 1. 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 City of Fort Lupton, and the proposed land uses for the area. m. 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 be 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 but is not bounded on both sides by the City of Fort Lupton. n. If required, an impact report will be prepared and filed pursuant to Section 31- 12-108.5, C.R.S.. 3. The signer(s) of this petition comprise(s) more than fifty percent (50%) of the landowners and own more than fifty percent (50%) of the property, excluding public streets and alleys and any land owned by the annexing municipality, and are, in fact, owners of one hundred percent (100%) of the property set forth in Exhibit A attached hereto and incorporated herein by reference. 4. At least fifteen (15) days prior to the presentation of this petition to the Fort Lupton City Council, a minimum of fifteen (15) copies of an annexation map shall be submitted to the City, produced with an engineer's scale, minimum scale to be one (1) inch represents one hundred (100) feet, on a reproducible medium with outer dimensions of twenty-four (24) by thirty-six (36) inches, containing the following information: a. The date of preparation, the scale and a symbol designating true north. b. The name of the annexation. c. The names, addresses and phone numbers of the applicant and the firm or person responsible for preparing the annexation map. d. The legal description. e. Distinction of the boundary that is contiguous to the City and the length of same. f. Lot and block numbers if the area is already platted. g. Existing and proposed easements and rights -of -way. 2 h. Existing and requested zoning and acreage of each requested zone. i. Ownership of all parcels within and adjacent to the annexation. j. Appropriate certification blocks as directed by the Planning Department. 5. At least fifteen (15) days prior to the presentation of this petition to the Fort Lupton City Council, a minimum of fifteen (15) copies of a master plan shall be submitted to the City of Fort Lupton, produced with an engineer's scale, minimum scale to be one (1) inch represents one hundred (100) feet, on a reproducible medium with outer dimensions of twenty-four (24) by thirty-six (36) inches, containing the following information. a. The date of preparation, the scale and a symbol designating true north. b. The name of the annexation. c. The names, addresses and phone numbers of the applicant and the firm or person responsible for preparing the master plan. d. Existing and proposed easements and rights -of -way. e. Block numbers and lot numbers with approximate dimensions. f. Proposed gross and net residential density. g. Existing watercourses with adequate easements for flood control. h. Designation of all public sites to be reserved and dedicated. i. Existing two -foot contours. j. Appropriate certification blocks as directed by the Planning Department. 6. At, least fifteen (15) days prior to the Council, a minimum of;five (5) co submitted t'othe City:of Fort Lupton;;. a. Soils desorption and limitation. reliinatyutility plan. Mailing: addresses of'all property owners within three hundred (300) feet of the annexation. d. Affidavit concerning the amount and` historical: use of all water rights owned. e. Vicinity map with one and onehalf`(1' 12) mile radius, at a minimum scale of one (1) inch represents two thousand (2,000) feet. f. Statement on community need for proposed annexation and zoning. g. For all annexations in excess of ten (10) acres, the applicant shall obtain from the school district governing the area to be annexed a statement of the effect of the annexation upon the school district, including an estimate of the number of students generated by the proposed annexation and the capital construction required to educate such students. 7. 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 City of Fort Lupton, except for general property taxes of the City of Fort Lupton, which shall become effective as of the January 1 next ensuing. esentatton ofthis petition to the.Fort Lupton -roue information shall' be e`"following:: 3 8. The zoning classification requested for the area proposed to be annexed is _ C-2 , as shown on the annexation map attached hereto and incorporated herein. 9. As required by the City of Fort Lupton, an annexation agreement has been or will be executed by the petitioners herein and the City relating to this annexation and the petitioners hereby expressly consent to the terms and conditions set forth in the annexation agreement. 10. As an expressed condition of annexation, landowner(s) consent(s) to petition for inclusion into the Northern Colorado Water Conservancy District and the municipal sub district pursuant to Section 37-45-136 (3.6) C.R.S. to pay the appropriate fees and costs associated with such inclusion. Landowner(s) aclmowledge(s) that, upon inclusion into the district and subdistrict, landowner's(s') property will be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the district and subdistrict at the time of inclusion of landowners(s') lands. Landowner(s) agree(s) to waive any right to an election which may exist to require an election pursuant to Article X, Section 20, of the Colorado Constitution before the district and subdistrict can impose such mill levies and special assessments as it has the authority to impose. Landowner(s) also agree(s) to waive, upon inclusion, any right which may exist to a refund pursuant to Article X, Section 20, of the Colorado Constitution. 11. The non-refundable annexation application fee of is tendered herewith. 4 THEREFORE, the undersigned respectfully petition(s) the City Council of the City of Fort Lupton, to annex the territory described and referred to in Exhibit A to the City of Fort Lupton in accordance with and pursuant to the statutes of the State of Colorado. Land Owner(s) Name(s) and Signature(s) Colorado Department of Transportation b) Mailing Address Date of Signing 1420 rd Street, Greeley, CO 80631 9/6/13 5 Land Owner(s) Names(s) and Signature(s) Mailing Address Date of Signing The foregoing signature(s) was/were subscribed and sworn to before me this 6th day of eptember , 20 13, by`E,oi L. 6ru be_ 41 y hand and official seal. si expires on 9/3/2016 lic- Richard V. Barker Land Owned Parcel of land described in Exhibit "A" attached hereto If necessary, attach separate sheet. 6 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) )ss. COUNTY OF WELD ) c-8813 L - Gr uloe , being first duly sworn, states upon oath that he/she is the circulator of the petition to which this Affidavit is attached and knows of his/her own knowledge that the signature of each land owner appearing on said petition is the signature of the person whose name it purports it to be. (Signature of Circulator) The foregoing Affidavit was subscribed and sworn to before me this ( 4 day of %e.�4•e loar ,201 3 ,by 'F., to Le Witness my hand and official seal. My commission expires on 9/3 /zol6 EXHIBIT "A" LEGAL DESCRIPTION A parcel of land lying in the Southwest Quarter of the Northwest Quarter and the Northwest Quarter of the Southwest Quarter of Section 6, Township 1 North, Range 66 West, of the 6th Principal Meridian, in Weld County, Colorado, said parcel being more particularly described as follows: COMMENCING at the Northwest Corner of said Southwest Quarter of the Northwest Quarter of Section 6 (whence the Northeast Corner of said Southwest Quarter of the Northwest Quarter bears N. 88°50'41" E., a distance of 1463.14 feet), Thence S. 38°25'58" E., a distance of 1777.65 feet, to a point on the south right-of-way line of State Highway No. 52 (December 2012), being the POINT OF BEGINNING* 1. Thence N. 01°17'56" W., a distance of 918.65 feet; 2. Thence N. 88°42'04" E., a distance of 390.00 feet, to a point on the east line of said Southwest Quarter of the Northwest Quarter of Section 6; 3. Thence along said east line, S. 01°17'56" E., a distance of 840.85 feet, to the calculated Center - West Sixteenth Corner; 4. Thence S. 00°19'54" E. along the east line of the Northwest Quarter of the Southwest Quarter (NW '%, SW %) of section 6, a distance of 73.09 feet, to a point on the south right-of-way line of State Highway No. 52; 5. Thence along said south right-of-way line, S. 88°00'01" W., a distance of 356.53 feet; 6. Thence continuing along said south right-of-way line, on the arc of a curve to the right, a radius of 11,595.00 feet, a central angle of 00°09'34", a distance of 32.26 feet, (a chord bearing S. 88°04'48" W., a distance of 32.26 feet), more or less, to the POINT OF BEGINNING. The above described parcel of land contains 357,313 sq. ft. (8.203 acres) of land, more or less. Basis of Bearings: Bearings used in this description are based on a grid bearing of N 88°50'41" E from the N 1/16 corner common to Sections 6 and 1 (being a 3 1/4" aluminum cap down 2.5 ft below surface, stamped in part "L.P.I. PLS 23521"), to the NW 1/16 corner of Section 6, (being a found 2 1/2" aluminum cap flush stamped in part "M. Johnson, PLS 28273, 1997") The survey data was obtained from a Global Positioning System (GPS) survey base on the Colorado High Accuracy Reference Network (CHARN). Said Grid Bearing in NAD83 (2007) Colorado State Plane North Zone (501). Prepared by: Geoffrey F. Stephenson, PLS 23521 For and on Behalf of The Lund Partnership, Inc. 12265 West Bayaud Avenue, Suite 130 Lakewood, Colorado 80228 EXHIBIT "A" PROJECT NUMBER: STL 0853-081 PARCEL NUMBER: RW-2 PROJECT CODE: 18340 DATE: JANUARY 21, 2013 DESCRIPTION A tract or parcel of land No. RW-2 of the Department of Transportation, State of Colorado Project No. STL 0853-081 containing 310,556 sq. ft. (7.129 acres) of land, more or less, being a portion of that parcel of land described at Reception Number 1826735, recorded on June 5th, 1980 in the Weld County, Colorado, Clerk and Recorder's Office, lying in the Southwest Quarter of the Northwest Quarter of Section 6, Township 1 North, Range 66 West, of the 6th Principal Meridian, in Weld County, Colorado, said tract or parcel being more particularly described as follows: COMMENCING at the Northwest Corner of said Southwest Quarter of the Northwest Quarter of Section 6 (whence the Northeast Corner of said Southwest Quarter of the Northwest Quarter bears N. 88°50'41" E., a distance of 1463.14 feet), Thence S. 40°53'57" E., a distance of 1683.54 feet, to a point on the north right-of-way line of State Highway No. 52 (December 2012), being the TRUE POINT OF BEGINNING; 1. Thence N. 011756" W., a distance of 798.64 feet; 2. Thence N. 88°42'04" E., a distance of 390.00 feet, to a point on the east line of said Southwest Quarter of the Northwest Quarter of Section 6; 3. Thence along said east line, S. 01°17'56" E., a distance of 793.91 feet, to a point on said north right-of-way line of State Highway No. 52; 4. Thence along said north right-of-way line, S. 88°00'01" W., a distance of 359.24 feet; 5. Thence continuing along said north right-of-way line, on the arc of a curve to the right, a radius of 11,475.00 feet, a central angle of 00°09'13", a distance of 30.79 feet, (a chord bearing S. 88°)4'38" W., a distance of 30.79 feet), more or less, to the TRUE POINT OF BEGINNING. The above described parcel of land contains 310,556 sq. ft. (7.129 acres) of land, more or less. Basis of Bearings: Bearings used in this description are based on a grid bearing of N 88°50'41" E from the N 1/16 corner common to Sections 6 and 1 (being a 3 1/4" aluminum cap down 2.5 ft below surface, stamped in part "L.P.I. PLS 23521"), to the NW 1/16 corner of Section 6, (being a found 2 1/2" aluminum cap flush stamped in part "M. Johnson, PLS 28273, 1997") The survey data was obtained from a Global Positioning System (GPS) survey base on the Colorado High Accuracy Reference Network (CHARN). Said Grid Bearing in NAD83 (2007) Colorado State Plane North Zone (501). Prepared by: Geoffrey F. Stephenson, PLS 23521 For and on Behalf of The Lund Partnership, Inc. 12265 West Bayaud Avenue, Suite 130 Lakewood, Colorado 80228 3954880 Pages: 1 of 3 08/09/2013 09:37 RR R Fee:221.00 D Fee: 0.00 Steve II IIU�APPYkLkfh'h�Recorder. liVA iTNIrlivii i till s W N m s - O O 9- 01 V) 0 r., m at L H 4 4-3 5. - re a 0 WARRANTY DEED THIS DEED, dated August 8 2013, between Richard 1.. Hein whose property is located in the County of Weld and State of Colorado, grantor, and Department of Transportation, State of Colorado whose legal address is 4201 East Arkansas Avenue. Denver, CO 80222 of the City and County of Denver and State of Colorado, grantee: No Doc Fee WITNESS, that the grantor, for and in consideration of the sum of ONE HUNDRED EIGHTY FOUR h FIVE iOch S ND acknowledged, AND NO/100 DOLLARS ($184,500.00), the receipt and sufficiency of hereby has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, his heirs and assigns forever, all the teal property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: See Attached Exhibit "A" dated January 21, 2013 for: Project Number:. STL 0853-081 Parcel Number: RW-2 Project Code: 18340 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, orin anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, o£ in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. The grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and to and with the grantee, his heirs and assigns, the ensealing and delivery of these presents, he is well seized the premises above conveyed, ed, has owe ure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except: Easements of record; Reserving unto the grantor all coal, oil, gas and other hydrocarbons, and all clay and other valuable minerals in and under said premises vested in the grantor; provided, however, and the grantor hereby covenants and agrees that the grantee shall forever have the right to take and use, without payment of further compensation to the grantor, any and all sand, gravel, earth, rock, and other road building materials found in or upon said Parcel No. RW-2. The grantor further covenants and agree that no exploration for, or development of any of the products hereby reserved will ever be conducted on or from the surface of the premises hereinabove described, and that in the event any of such operations may hereafter be carried on beneath the surface of said premises, the grantor shall perform no act which may impair the subsurface or lateral support of said premises. This reservation and the covenants and agreements hereunder, shall inure to and be binding upon the grantor and his heirs, personal and legal representatives, successors and assigns forever; Excluding all water and water rights in or appurtenant thereto to the above described parcel. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable toallgenders. Page 1 of 3 3954860 Pages: 2 of 3 08/09/2013 09:37 API R Fee:$21.00 D Fee:$0.00 Steve Moreno, Clerk end Recorder, Meld County, CO VIII N141W:Nv1'41s'M'I'Wkt fhL�I1I . iit4,M hI 1I III IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. RGtz✓/ae / --- Richard L. Hein STATE OF COLORADO County of Weld The foregoing instrument was acknowledged before me this 8°t day of August 2013 by Richard L. Hein. NANCY A. LORR NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19924008574 My Commission Expires July 18, 2918 Witness my hand and official seal. /_ / e MY 'on exiiirs' 7 - �0 4 "/ /e"A -' Notary Public Geoffrey F. Stephenson, PLS 23521, for and on Behalf of The Lund Partnership, Inc., 12265 West Bayaud Avenue, Suite 130, Lakewood, Colorado 80228 Name and Address of Person Creating Newly Created Legal Description (§38-35-106.5, C.R.S.) Page 2 of 3954860 Pages: 3 of 3 08/09/2013 09:37 All It Fea:$21.00 0 Fee:50.00 ®III�l�1RYGl4iti'4tD'"boil'�!li�r+kl(dsRY41fwfrrl�tYk� 11111 EXHIBIT "A" PROJECT NUMBER: STL 0853-081 PARCEL NUMBER: RW-2 PROJECT CODE: 18340 DATE: JANUARY 21, 2013 DESCRIPTION A tract or parcel of land No. RW-2 of the Deparhnent of Transportation, State of Colorado Project No. STL 0853of l of land decribed at Reception Nu556 mber 1826735,7.129 a recorded on June more 51980 tin the Weld County, Ction of that olorado, Clerk Clerk and Recorder's Office, lying in the Southwest Quarter of the Northwest Quarter of Section 6, Township 1 North, Range 66 West, of the 6th Principal Meridian, in Weld County, Colorado, said tract or parcel being more particularly described as follows: COMMENCING at the Northwest Corner of said Southwest Quarter of the Northwest Quarter of Section 6 (whence the Northeast Corner of said Southwest Quarter of the Northwest Quarter bears N. 88'50'41" E., a distance of 1463.14 feet), Thence S. 40"53'57" E, a distance of 1683.54 feet, to a point on the north right-of-way line of State Highway No. 52 (December 2012), being the TRUE POINT OF BEGINNING; 1. Thence N. 0117'56" W., a distance of 798.84 feet; 2. Thence N. 8842'04" E., a distance of 390.00 feet, to a point on the east line of said Southwest Quarter of the Northwest Quarter of Section 6; 3. Thence along said east line, S. 0117'56" E., a distance of 793.91 feet, to a point on said north right-of-way line of State Highway No. 52; 4. Thence along said north right-of-way line, S. 88400'01" W., a distance of 359.24 feet; 5. Thence continuing along said north right-of-way line, on the arc of a curve to the right, a radius of 11,475.00 feet, a central S. 88134'38" W., a distance of angle0.79 ��9more or'13", a iless, to thof e TRUE P79 feet, OINT OF a chordEGINNING. The above described parcel of land contains 310,556 sq. ft. (7.129 acres) of land, more or less. Basis of Bearings: Bearings used in this description we based on a grid bearing of N 88'50'41" E from the N 1/16 corner common to Sections 6 and 1 (being a 3 1/4" aluminum cap down 2.5 ft below surface, stamped in part "LP.I. PLS 235215, to the NW 1/16 corner of Section 6, (being a found 2 1/2" aluminum cap flush stamped in part "M. Johnson, PLS 28273, 19975 The survey data was obtained from a Global Positioning System (GPS) survey base on the Colorado High Accuracy Reference Network (CHARN). Said Grid Bearing in NAD83 (2007) Colorado State Plane North Zone (501). Prepared by: Geoffrey F. Stephenson, PLS 23521 For and on Behalf of The Lund Partnership, Inc. 12265 West Bayaud Avenue, Suite 130 Lakewood, Colorado 80228 twig w iz ozu o apt .0.°s 0a rc 0 H t• o w zo g 00 z. E-ica r QI Oversight / NHS z U C 0 o Q 0 t Pain 00 WwZ U P 0 V m .9 n�"��!ya'. z m! 6Z Pe'o5 LZ P8'o0 a sa a. v sn fuprop of 0 t 9 IN g C 8 $ ': 4 ': z ' g $ gZ $ i x • @ A e 4 H: A :: il E A e i in g 3 2 rig' I s i g i l l ov g J I- w CO 0. Project No./Code 0 0 c 0 O C U b As Constructed i N 0 & Y N 0000 11 Print pole: 6/7/2012 P. 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R 1111@ 13igY 119 [G: p f.PE;;S C l6 'e 3 a ' U FORT LUPTON COMPREHENSIVE PLAN REVISED 2007 Amended Land Use Map 2013 Downtown Fort Lupton s _1.1 CS$ " V ii.,„d „ t t J Wellhead Protect II O C O CO C O y rn — c a c c c (0 I- d L ----- Trails Rivers and Creeks IIIII Fort Lupton Road Plan — State and US Highways Arterial to be determined Collector - Urban Collector to be determined O g U Retail Street Railroad City of Fort Lupton Utility Service Area 2007-2027 Recommended Water Transmission System Improvements is / WATER: ctlt;t. water rlphta • planning • cnpinccrinp Figure 6-3 City of Fort Lupton Utility Service Area 2007-2012 Recommended Wastewater Collection System South lift station 18 inch Interceptor 15 inch Interceptor Recommended Todd Creek Farms Interceptor 12 inch interceptor n NJ n N J I18 inch Interceptor n tJ CO Hwy 52 Legend S Design point ® Lift Station Recommended interceptor Force Main 12 inch Interceptor 15 inch Interceptor 18 inch Interceptor = 21 inch Interceptor CO Hwy County road CR 18 CR 16 CR14 CR 12 CR 10 CR 8 CR 6 Figure 8-1 City of Fort Lupton Storm Drainage Study Area —� Flow path { _ ! Drainage basins • • / . WELD COUNTY TAX LEVIES COLORADO 2012 1 1p. aee NrY V - G O Christopher M. Woodruff Weld County Assessor 1400 N. 17th Avenue Greeley CO 80631 (970)353-3845 Ext. 3650 (720)652-4255 www.weldgov.com . Tax Area Tax Author!' LEVY Tax Area Tax Auiharlty LEVY 2324 CARBON VALLEY REC HIGH PLAINS LIBRARY LONGMONT CONSERVATION MOUNTAIN VIEW FIRE SCHOOL DIST RE1J WELD COUNTY 2325 HIGH PLAINS LIBRARY LONGMONT CONSERVATION LONGS PEAK WATER MOUNTAIN VIEW FIRE NORTHERN COLORADO WATER (NCW) SCHOOL DIST RE1J ST VRAIN LEFT HAND WATER (SVW) WELD COUNTY 2326 BERTHOUD FIRE BERTHOUD FIRE (BOND 2018) HIGH PLAINS LIBRARY LONGMONT CONSERVATION LONGS PEAK WATER NORTHERN COLORADO WATER (NCW) SCHOOL DIST RE1J ST VRAIN LEFT HAND WATER (SVW) WELD COUNTY 2327 BERTHOUD FIRE BERTHOUD FIRE (BOND 2018) HIGH PLAINS LIBRARY LITTLE THOMPSON WATER (LTW) ) LONGMONT CONSERVATION LONGS PEAK WATER NORTHERN COLORADO WATER (NCW) SCHOOL DIST RE1J ST VRAIN LEFT HAND WATER (SVW) WELD COUNTY 2329 CARBON VALLEY REC CENTRAL WELD COUNTY WATER (CWC) HIGH PLAINS LIBRARY LONGMONT CONSERVATION MOUNTAIN VIEW FIRE SCHOOL DIST RE1J WELD COUNTY 6.657 3.261 0.000 11.747 53.500 16.804 91.969 3.261 0.000 0.000 11.747 1.000 53.500 0.184 16.804 86.496 13.774 1.500 3.261 0.000 0.000 1.000 53.500 0.184 16.804 90.023 13.774 1.500 3.261 0.000 0.000 0.000 1.000 53.500 0.189 16.809 90.023 6.657 0.000 3.261 0.000 11.747 53.500 16.804 91.969 2330 HIGH PLAINS LIBRARY LEFT HAND WATER LONGMONT CONSERVATION MOUNTAIN VIEW FIRE NORTHERN COLORADO WATER (NCW) SCHOOL DIST RE1J ST VRAIN LEFT HAND WATER (SVW) WELD COUNTY 2331 HIGH PLAINS LIBRARY LEFT HAND WATER LONGMONT CONSERVATION LONGS PEAK WATER MOUNTAIN VIEW FIRE NORTHERN COLORADO WATER (NCW) SCHOOL DIST RE1J ST VRAIN LEFT HAND WATER (SVW) WELD COUNTY 3.261 0.000 0.000 11.747 1.000 53.500 0.184 16.804 86.496 3.261 0.000 0.000 0.000 11.747 1.000 53.500 0.184 16.804 86.496 2332 CENTRAL COLORADO WATER (COW) 1.856 CENTRAL COLORADO WATER SUBDISTRICT (CCS) 1.291 CENTRAL WELD COUNTY WATER (CWC) 0.000 HIGH PLAINS LIBRARY 3.261 LONGMONT CONSERVATION 0.000 MOUNTAIN VIEW FIRE 11.747 NORTHERN COLORADO WATER (NCW) 1.000 SCHOOL DIST RE1J 53.500 WELD COUNTY 16.804 89.459 2333 HIGH PLAINS LIBRARY LONGMONT CONSERVATION MOUNTAIN VIEW FIRE NORTHERN COLORADO WATER (NCW) SCHOOL DIST RE1J ST VRAIN SANITATION WELD COUNTY 2334 CENTRAL WELD COUNTY WATER (CWC) HIGH PLAINS LIBRARY LONGMONT CONSERVATION MOUNTAIN VIEW FIRE NORTHERN COLORADO WATER (NOW) SCHOOL DIST RE1J ST VRAIN SANITATION WELD COUNTY 3.261 0.000 11.747 1.000 53.500 0.682 16.804 86.994 0.000 3.261 0.000 11.747 1.000 53.500 0.682 16.804 86.994 85 Hello