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Home My WebLink About20101205.tiff Ct.t[4911, "uo Ste Town Hall, 1101 Broad St, Drawer 290 Milliken, CO 8b5a i Y M il Hike n (970) 587-4331 Fax: (970) 587-2678 i A I(: May 28, 2010 Weld County Commissioners 915 Tenth Street Greeley CO 80632 RE: Gilcrest Reservoir LLC, Annexation Enclosed is the annexation impact for report for the Gilcrest Reservoir LLC, Annexation into the Town of Milliken. The Town of Milliken Board of Trustees approved Resolutions 10-14 accepting the annexation petition for the Gilcrest Reservoir, LLC Annexation on April 21, 2010. The Town of Milliken Planning Commission and Town Board public hearings will be held on Wednesday, June 2, 2010 and Wednesday, June 23, 2010, respectively. Attached are copies of the Resolution, the annexation petition and the annexation impact report for review. If you have any questions or concerns please do not hesitate to contact me at 970/660-5042 or kbrvant a(�.town.milliken.co.us. Sincerely, aren Bryant Associate Planner ry�, 2010-1205 RESOLUTION NO. 10-14 A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF MILLIKEN INITIATING ANNEXATION PROCEEDINGS FOR GILCREST ANNEXATIONS. WHEREAS, the Board of Trustees has reviewed the annexation petition for the±82 acres known as the Gilcrest Annexations; and WHEREAS, the Board of Trustees finds the annexation petition to be complete and in substantial compliance with both the requirements of the Colorado Municipal Annexation Act of 1965 as amended and Chapter 16, Article 13 of the Milliken Municipal Code. NOW THEREFORE BE IT RESOLVED that the Town of Milliken Board of Trustees hereby approves Resolution 10-14 accepting the annexation petition and initiating annexation proceedings for the Gilcrest Annexations and sets the public hearing date for Planning Commission for June 2, 2010 and the Town Board of Trustees June 23, 2010 to determine if the proposed annexation complies with the Colorado Municipal Annexation Act of 1965, or such parts thereof as may be required to establish eligibility for annexation and Section 16-13-30 of the Milliken Municipal Code. APPROVED AND ADOPTED BY THE TOWN OF MILLIKEN BOARD OF TRUSTEES THIS 21st DAY OF APRIL 2010. ATTEST: May L. Jane Lichtfuss Ch owell, To Co-Clerk TOWN OF MILLIKEN P.O. BOX 290 MILLIKEN, CO 80543 PETITION FOR GILCREST ANNEXATION We represent that we are the landowners of 100%of the land described in this Petition,excluding public streets,alleys, roads and easements,which is legally described on Exhibit"A", and affirm the following to be true and correct as of March 11, 2010,our petition for annexation is filed with the Town of Milliken. CONTIGUITY: 1. The perimeter of the proposed Annexation has a distance of 39,184.44 linear feet of which 19,551.65 linear feet are contiguous to the existing Town Limits of Milliken. This contiguity results in a minimum of 50%of the perimeter(more than 1/6)of proposed annexation being contiguous to the Town of Milliken. The proposed Annexation contains approximately 82+/-acres. 2. The requirements of§31-12-104 and§31-12-105 C.R.S., exist or have been met. 3. We further allege: a. It is desirable and necessary that the territory be annexed to the Town of Milliken. b. A community of interest exists between the territory and the Town of Milliken. c. The territory is integrated or capable of being integrated with the Town of Milliken. d. The territory is urban or will be urbanized in the near future. e. No land held in identical ownership is divided into separate parcels unless the owner of said tract has consented in writing or joins in this Petition. f. No proceedings for annexation of the land described in this Petition have been commenced for annexation to another municipality. 4. The Petitioners understand that the Town will not be required to furnish water, gas,electric or sanitary sewer services to the property. Therefore, the Petitioners will not be required to fumish any_water or water rights to the Town. The Petitioners will agree to record a restrictive covenant confirming this waiver upon the request of the Town if and when the annexation is approved. At such time as development takes place or any utilities are required on the annexed property,then the owner shall comply with the Town's ordinances in effect at that time with the respect to the provision of utilities. 5. The Petitioners have submitted the petition with the intention that the property will be developed in accordance with Milliken's Land Use Code, Comprehensive Plan, Municipal Code, resolutions and ordinances. 6. The Petitioners are aware that Milliken has enacted fees and policies with the intention that growth should pay its own way and that growth should improve the health, safety and welfare of its citizens. Examples of Milliken's include fees for: building,electric, construction meter, plan review, building permit administration, parks,trails and open space, public facilities infrastructure, streets, drainage, police facility infrastructure, general administration facility infrastructure, water administration,water meter, water tap, sewer tap, raw water, and other supplemental fees as appropriate. 7. The Petitioners understand that Milliken is required by Colorado Revised Statutes to prepare and file an annexation impact report. The Petitioners will prepare a proposed annexation impact report and provide it to Milliken for review and consideration six(6)weeks prior to the hearing. 8. The Petitioners agree to dedicate free and clear of all liens and encumbrances of any kind, and at no charge to the Town, all easements and rights-of-way for streets and other public ways and for other public purposes,within the Property as outlined in a Subdivision Improvements Agreement(approved at the time of final subdivision plat). Page 1 9. The Petitioners agree to dedicate, with the subdivision of the Property and at no cost to the Town, all required easements and right-of-way for installation and maintenance of infrastructure related to the development of the Property. 10. The Petitioners agree to design and install transportation infrastructure, utility infrastructure, and stormwater improvements to serve the Property prior to the issuance of any building permits for all or any portion of the property in accordance with Town standards. The Petitioners shall make such other improvements as required by Town ordinances and resolutions,to guarantee construction of all required improvements,and, if requested by Milliken, to dedicate to Milliken any or all other required improvements. The Petitioners agrees to enter into a subdivision improvements agreement pertaining to such improvements and other matters at time of final plat. 11. The Petitioners agree that oversizing agreements may exist and that the Petitioners may be responsible for his/her fair share for oversizing of infrastructure. Likewise, the Petitioners acknowledge that the Town may require the Petitioners to oversize infrastructure,which would be reimbursed by subsequent developers. The Petitioners acknowledge that the Town shall facilitate reimbursement of any financial participation by the Petitioners, over and above the proportionate impact of the development. Such reimbursement shall come from new development directly connecting to the improvements. 12. The Petitioners agree that future development of the site will comply with any adopted infrastructure plans including but not limited to transportation,drainage,water, sewer, land use, parks,trails, open space and comprehensive plans. 13. The Petitioners agree that the design, improvement, construction, development, and use of the property shall be in conformance with, and that Petitioners shall comply with, all municipal, county, state and federal statutes, ordinances, rules and regulations. 14. The Petitioners agree that all land use approvals and building permits for the development of the Property shall be subject to requirements including, but not limited to, the payment of impact fees and development charges and other land use and development requirements in effect at the time that such proposed development applies for a building permit. 15. The Petitioners understand that the RE5-J School District forms an integral part of the Milliken community. Milliken has enacted fees to support the acquisition of land by this School District. 16. It is understood that the construction of the water storage reservoir on the Property will not be deemed to be development for purposes of sections 7 and 10-16 of this Petition. 17. The Annexation and Development Agreement (the "Annexation Agreement") between the Town of Milliken, Colorado and the Platte Trust, dated January 22, 2003, and recorded in the real estate records of the Clerk and Recorder of Weld County, Colorado on January 16, 2004 at Reception No. 3145136, is applicable to the property subject to this Petition and this annexation in the same manner as if such property had been a part of the "Property" as defined in the Annexation Agreement to the extent that it is applicable. Notwithstanding the foregoing, there shall be no additional donation or dedication requirements imposed upon the Owner under the Annexation Agreement or the owner under this Petition by reason of this Petition and this annexation. The following provisions shall not apply: a. Section 1.9, which requires the Owner to dedicate a two hundred (200) feet wide trail corridor along the South Platte River. b. Section 1.10, which requires the Owner to donate five acres of land contiguous to the Town's open space on Wildcat Mound. c. Section 1.11, which requires the Owner to donate one acre for the construction and installation of a water tank. d. Section 1.16, which requires the Owner to give the Town a written offer to donate 1,250 acre-feet of water storage. Page 2 The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties. Therefore,the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. (12)—CA Date Signed Gilcrest Reservoir, LLC Rob Anfuso 9171 Towne Center Drive San Diego, CO 92122 STATE OF COLORADO )SS CIRCULATOR'S AFFIDAVIT COUNTY OF WELD — 522, a c1r1e , being first duly sworn, upon oath deposes and says that he/she was the circulator of the above and foregoing petition and that the signatures on said petition are the signatures of the persons whose names they purport to be. Signature Subscribed and sworn to before me this day of , 2010. WITNESS my hand and official seal. My Commission expires: Notary Public Page 3 ACKNOWLEDGMENT State of Cali r^nia_ County of ia \ to 1 ) On YrGrth 2L 1,2-010 before me, \\tknkI ktn & t a I °t PcAb�IG t� L (insert nar�e and title of the officer`) personally appeared �\OQ( T Eu A'so who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ff7:luv 8295 COO MM. #1829531 z o �fl Notary Public California p ¢ y� San Diego County SdrJ Comm.Ezuires Jan,6,2013 Signature (Seal) M The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties. Therefore, the undersigned hereby request that the Town of Millikene ann tion of the areas described herein. dirk-lc-4, Date Signed Gilcre Reservoir, LLC Robert Lembke 5460 South Quebec Street, Suite 110 Greenwood Village, CO 80111 STATE OF COLORADO ) )SS CIRCULATOR'S AFFIDAVIT COUNTY OFWEC6 i e' "4 -.7 tip- , being first duly sworn, upon oath deposes and says that he/she was the circulator of the above and foregoing petition and that the signatures on said petition are the signatures of the persons whose names they purport to be. 73 i7 L1 _Thr Signature Subscribed and sworn to before me this 675 day of ill at r&-h , 2010. WITNESS my hand and official seal. —'G• Heil\\ My Commission expires: 'CI /of/ /3 „..—c AR N92o r Q: NI s rr1Sr .v`.•• 0": `‘,47-e p ,* 0F C�_- Page 4 ANNEXATION IMPACT REPORT FOR THE GILCREST ANNEXATION Dear Commissioners: In accordance with Section 31-12-108.5 C.R.S., we respectfully submit this letter and the attached maps as the annexation impact report for the Gilcrest Reservoir Annexation application. The purpose of the Gilcrest Annexation is to annex all of the property owned by Gilcrest Reservoir, LLC into Milliken so that the properties are no longer in two jurisdictions. The Gilcrest Annexation is consistent with the Milliken Comprehensive Plan Land Use Map,which designates the properly as"Zone Conservation District"/Conservation. II is also consistent with Goal CA: Goal#C-4: Provide opportunities for the Town's residents to easily access and experience the natural environment for their health and enjoyment, because ultimately, after the property is mined and reclaimed, residents will be able to walk around the ponds and "experience the natural environment" Legal Description for Gilcrest Reservoir LLC Annexation Refer to Attachment One, The following is a list of the items that the Town is required to address for the Commissioner's benefit. 1. A map or maps of the Town and adjacent territory showing:the present and proposed boundaries of the Town in the vicinity of the proposed annexation;and the present streets major trunk waterlines,sewer interceptors and outfals, other utility lines and ditches and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation. Attached please find a copy of Milliken's zoning map, which illustrates the Town's municipal boundaries and present streets and the annexation map that illustrates how the Town's boundaries will be extended. This property will ultimately contain a portion of a water storage reservoir, no public water or sewer will be needed to serve this property. Refer to the Concept Plan for details. 2. A copy of any draft or final pre-annexation agreement if available. Not applicable. 3. A statement of the Town's plans for extending or providing for municipal services within the area to be annexed This annexation will not require municipal services. 4. A statement of the Town's plans for the financing of municipal services within the area to be annexed No financing or municipal services are necessary for this property. 5. A statement idenWng all existing districts within the area to be annexed. The area to be annexed is included within the following special districts: Weld County School District, RE-1 Platteville-Gilcrest Fire Protection District Northern Colorado Water Conservancy District Central Colorado Water District Aims Junior College High Plains Library District Gilcrest Reservoir LLC Annexation Impact Report I 6. A statement of the effect of the annexation upon the school district governing the area to be annexed,as is more fully set forth hi Section 15-3(d)(7)of this chapter. The annexation is not anticipated to impact the school district because no residences are planned for this property. Attachments: Legal Description Annexation Map Milliken Zoning Map Concept Plan Gilcrest Reservoir LLC Annexation Impact Report ATTACHMENT ONE -- LEGAL DESCRIPTION PARCEL#1 THAT PART OF SECTION 2,TOWNSHIP 3 NORTH,RANGE 67 WEST AND SECTIONS 23,26 AND 35,TOWNSHIP 4 NORTH,RANGE 67 WEST OF THE 6TH P.M..COUNTY OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 2; THENCE NORTH 88°34'46'WEST,ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 2, A DISTANCE OF 70.01 FEET TO A POINT; THENCE NORTH 00°27'21'EAST,70 FEET WEST AND PARALLEL TO THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 2,A DISTANCE OF 867.32 FEET TO A POINT OF CURVE,SAID POINT LIES 70 FEET WEST OF WESTERLY LINE OF THE WESTERN MUTUAL DITCH AS DESCRIBED IN BOOK 118 AT PAGE 498,IN THE RECORDS OF WELD COUNTY,COLORADO; THENCE 70 FEET WEST OF AND PARALLEL TO THE WESTERLY LINE OF SAID WESTERN MUTUAL DITCH THE FOLLOWING 41 COURSES: 1) THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 19°23'58',A RADIUS OF 400.00 FEET,AN ARC LENGTH OF 135.43 FEET(CHORD BEARS NORTH 42'25'58' WEST,134.79 FEET)TO A POINT OF TANGENCY; 2) THENCE NORTH 32°43'59'WEST A DISTANCE OF 173.82 FEET TO A POINT OF CURVE; 3) THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 25°06'00',A RADIUS OF 50.00 FEET,AN ARC LENGTH OF 21.90 FEET(CHORD BEARS NORTH 45°16'58' WEST,21.73 FEET)TO A POINT OF TANGENCY; 4) THENCE NORTH 57°49'58'WEST,ALONG SAID TANGENT, A DISTANCE OF 98.72 FEET TO A POINT OF CURVE, 5) THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 55°41'49",A RADIUS OF 380.00 FEET,AN ARC LENGTH OF 369 40 FEET(CHORD BEARS NORTH 29°59'04" WEST,355.02 FEET)TO A POINT OF TANGENCY; 6) THENCE NORTH 02°08'09'WEST,ALONG SAID TANGENT, A DISTANCE OF 468.34 FEET TO A POINT OF CURVE; 7) THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 51°0033',A RADIUS OF 525.00 FEET,AN ARC LENGTH OF 467 40 FEET(CHORD BEARS NORTH 23°22'07" EAST,452.11 FEET)TO A POINT OF TANGENCY; 8) THENCE NORTH 48°52'24'EAST,ALONG SAID TANGENT, A DISTANCE OF 166.22 FEET TO A POINT OF CURVE; 9) THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 28°00'57',A RADIUS OF 100.00 FEET,AN ARC LENGTH OF 48.90 FEET(CHORD BEARS NORTH 34°51'56' EAST,48.41 FEET)TO A POINT OF TANGENCY; 10)THENCE NORTH 20°51'27°EAST,ALONG SAID TANGENT, A DISTANCE OF 53.95 FEET TO A POINT OF CURVE; 11)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 18°39'35',A RADIUS OF 615.00 FEET,AN ARC LENGTH OF 200.29 FEET(CHORD BEARS NORTH 11°31'40' EAST,199.41 FEET)TO A POINT OF TANGENCY; 12)THENCE NORTH 02°11'53'EAST,ALONG SAID TANGENT, A DISTANCE OF 93.29 FEET TO A POINT OF CURVE; 13)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 27°50'22',A RADIUS OF 490.00 FEET,AN ARC LENGTH OF 238.09 FEET(CHORD BEARS NORTH 11°43'18' WEST,235.75 FEET)TO A POINT OF TANGENCY, 14)THENCE NORTH 25°38'29'WEST,ALONG SAID TANGENT, A DISTANCE OF 330.28 FEET TO A POINT OF CURVE; 15)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 35°34'40',A RADIUS OF 540.00 FEET,AN ARC LENGTH OF 335.31 FEET(CHORD BEARS NORTH 07'51'09' WEST,329.95 FEET)TO A POINT OF TANGENCY, 16)THENCE NORTH 09'56'11'EAST,ALONG SAID TANGENT, A DISTANCE OF 106.38 FEET TO A POINT OF CURVE; 17)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 56'19'59',A RADIUS OF 155.00 FEET,AN ARC LENGTH OF 152.40 FEET(CHORD BEARS NORTH 18'13'48' WEST,146.33 FEET)TO A POINT OF TANGENCY; 18)THENCE NORTH 46'23'48'WEST,ALONG SAID TANGENT, A DISTANCE OF 440.05 FEET TO A POINT OF CURVE; 19)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 93'17'10',A RADIUS OF 300.00 FEET,AN ARC LENGTH OF 488.45 FEET(CHORD BEARS NORTH 00'14'47' EAST,436.25 FEET)TO A POINT OF TANGENCY; 20)THENCE NORTH 46'53'2?EAST,ALONG SAID TANGENT, A DISTANCE OF 140.50 FEET TO A POINT OF CURVE; 21)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 24°49'12',A RADIUS OF 295.00 FEET,AN ARC LENGTH OF 127.79 FEET(CHORD BEARS NORTH 34'28'46' EAST,126.79 FEET)TO A POINT OF TANGENCY; 22)THENCE NORTH 22'04'10'EAST,ALONG SAID TANGENT, A DISTANCE OF 184.70 FEET TO A POINT OF CURVE; 23)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 10°45'02',A RADIUS OF 790.00 FEET,AN ARC LENGTH OF 148.23 FEET(CHORD BEARS NORTH 16°41'39' EAST,148.01 FEET)TO A POINT OF TANGENCY; 24)THENCE NORTH 11°19'08'EAST,ALONG SAID TANGENT, A DISTANCE OF 181.71 FEET TO A POINT OF CURVE; 25)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 27°09'20',A RADIUS OF 510.00 FEET,AN ARC LENGTH OF 241.72 FEET(CHORD BEARS NORTH 24'53'48' EAST,239.46 FEET)TO A POINT OF TANGENCY; 26)THENCE NORTH 38°28'28'EAST,ALONG SAID TANGENT, A DISTANCE OF 300.18 FEET TO A POINT OF CURVE; 27)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 43°39'12',A RADIUS OF 190.00 FEET,AN ARC LENGTH OF 144.76 FEET(CHORD BEARS NORTH 16'38'52' EAST,141.28 FEET)TO A POINT OF TANGENCY; 28)THENCE NORTH 05°10'44'WEST,ALONG SAID TANGENT, A DISTANCE OF 101.94 FEET TO A POINT OF CURVE; 29)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 52°25'04',A RADIUS OF 240.00 FEET,AN ARC LENGTH OF 219.57 FEET(CHORD BEARS NORTH 31°23'17' WEST,211.99 FEET)TO A POINT OF TANGENCY; 30)THENCE NORTH 57'35'49'WEST,ALONG SAID TANGENT, A DISTANCE OF 371.71 FEET TO A POINT OF CURVE, 31)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 25°00'48",A RADIUS OF 870.00 FEET,AN ARC LENGTH OF 379.81 FEET(CHORD BEARS NORTH 45°05'25' WEST,376.8 FEET)TO A POINT OF TANGENCY; 32)THENCE NORTH 32'35'00'WEST,ALONG SAID TANGENT, A DISTANCE OF 300.25 FEET TO A POINT OF CURVE; 33)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 60°09'44",A RADIUS OF 570.00 FEET,AN ARC LENGTH OF 598.52 FEET(CHORD BEARS NORTH 02°30'08' WEST,571.4 FEET)TO A POINT OF REVERSE CURVE; 34)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 16°29'20",A RADIUS OF 490.00 FEET,AN ARC LENGTH OF 141.02 FEET(CHORD BEARS NORTH 19°20'04' EAST,140.53 FEET)TO A POINT OF TANGENCY; 35)THENCE NORTH 11°05'24"EAST,ALONG SAID TANGENT, A DISTANCE OF 555.88 FEET TO A POINT OF CURVE, 36)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 51°28'03",A RADIUS OF 190.00 FEET,AN ARC LENGTH OF 170.67 FEET(CHORD BEARS NORTH 14°38'38" WEST,164.99 FEET)TO A POINT OF TANGENCY; 37)THENCE NORTH 40°22'39"WEST,ALONG SAID TANGENT, A DISTANCE OF 39.74 FEET TO A POINT OF CURVE; 38)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 49°29'26',A RADIUS OF 377.00 FEET,AN ARC LENGTH OF 325.64 FEET(CHORD BEARS NORTH 15'37'56' WEST,315.61 FEET)TO A POINT OF TANGENCY, 39)THENCE NORTH 09°06'47'EAST,ALONG SAID TANGENT, A DISTANCE OF 862.16 FEET TO A POINT OF CURVE; 40)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 88°28'31',A RADIUS OF 525.00 FEET,AN ARC LENGTH OF 810.70 FEET(CHORD BEARS NORTH 53'21'02' EAST,732.52 FEET)TO A POINT OF TANGENCY; 41)THENCE SOUTH 82'24'42'EAST,ALONG SAID TANGENT, A DISTANCE OF 130.61 FEET TO A POINT 70 FEET WEST OF THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE NORTH 00°15'58'WEST,70 FEET WEST AND PARALLEL TO SAID EAST LINE A DISTANCE OF 632.14 FEET TO A POINT 70 FEET WEST OF THE EAST QUARTER CORNER OF SAID SECTION 26; THENCE NORTH 00°30'21"EAST,70 FEET WEST AND PARALLEL TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 26,A DISTANCE OF 2535.21 FEET TO A POINT 70 FEET WEST OF THE NORTHEAST CORNER OF SAID SECTION 26, THENCE NORTH 00°49'15'WEST,70 FEET WEST AND PARALLEL TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23,A DISTANCE OF 1776.90 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF THE FORMER UNION PACIFIC RAILWAY AS CONVEYED TO PUBLIC SERVICE COMPANY AT RECEPTION NO.2170560 IN SAID WELD COUNTY,COLORADO RECORDS; THENCE NORTH 36°31'51"EAST,ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE,A DISTANCE OF 115.38 FEET TO A POINT ON THE EAST LINE OF THE SOUTH EAST QUARTER OF SAID SECTION 23; THENCE SOUTH 00'49'15'EAST ALONG SAID EAST LINE,A DISTANCE OF 1,869 42 FEET TO THE NORTH EAST CORNER OF SAID SECTION 26; THENCE SOUTH 00'30'21'WEST ALONG THE EAST LINE OF THE NORTH EAST QUARTER OF SAID SECTION 26,A DISTANCE OF 2,535.55 FEET TO THE EAST QUARTER CORNER OF SECTION 26; THENCE SOUTH 00°15'58'EAST ALONG THE EAST LINE OF THE SOUTH EAST QUARTER OF SAID SECTION 26, A DISTANCE OF 711.99 FEET TO A POINT LYING ON THE NORTHERLY LINE OF THE WESTERN MUTUAL DITCH AS DESCRIBED IN BOOK 118 AT PAGE 498,IN THE RECORDS OF WELD COUNTY,COLORADO; THENCE ALONG SAID NORTHERLY,WESTERLY AND SOUTHWESTERLY LINE OF SAID WESTERN MUTUAL DITCH THE FOLLOWING 19 COURSES: 1) THENCE N82'24'42"W,A DISTANCE OF 210.93 FEET TO A POINT OF CURVE; 2) THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 88° 28'31',A RADIUS OF 455.00 FEET AND AN ARC LENGTH OF 702.60 FEET(CHORD BEARS SOUTH 53°21'02'WEST,634.85 FEET)TO A POINT OF TANGENCY; 3) THENCE SOUTH 09'06'47'WEST,ALONG SAID TANGENT,A DISTANCE OF 862.16 FEET TO A POINT OF CURVE; 4) THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 49' 29'28',A RADIUS OF 307.00 FEET AND AN ARC LENGTH OF 265.18 FEET(CHORD BEARS SOUTH 15°37'56'EAST,257.01 FEET)TO A POINT OF TANGENCY; 5) THENCE SOUTH 40°22'39'EAST ALONG SAID TANGENT A DISTANCE OF 39.74 FEET TO A POINT OF CURVE 6) THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 51° 28'03',A RADIUS OF 260.00 FEET AND AN ARC LENGTH OF 233.55 FEET(CHORD BEARS S SOUTH 14°38'38'EAST,225.78 FEET)TO A POINT OF TANGENCY; 7) THENCE SOUTH 11'05'24'WEST ALONG SAID TANGENT,A DISTANCE OF 555.88 FEET TO A POINT OF CURVE; 8) THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 16'29'20",A RADIUS OF 560.00 FEET AND AN ARC LENGTH OF 161.16 FEET(CHORD BEARS SOUTH 19'20'04'WEST,160.60 FEET)TO A POINT OF REVERSE CURVE; 9) THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 60° 09 44*,A RADIUS OF 500.00 FEET AND AN ARC LENGTH OF 525.01 FEET(CHORD BEARS SOUTH 2°30'08'EAST,501.23 FEET)TO A POINT OF TANGENCY; 10)THENCE SOUTH 32°35'00'EAST ALONG SAID TANGENT,A DISTANCE OF 300.25 FEET TO A POINT OF CURVE; 11)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 25° 00'48",A RADIUS OF 800.00 FEET AND AN ARC LENGTH OF 349.25 FEET(CHORD BEARS SOUTH 45'05'25"EAST,346 49 FEET)TO A POINT OF TANGENCY, 12)THENCE SOUTH 57°35'49'EAST ALONG SAID TANGENT,A DISTANCE OF 371.71 FEET TO A POINT OF CURVE; 13)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 52°25'04',A RADIUS OF 310.00 FEET AND AN ARC LENGTH OF 283.61 FEET(CHORD BEARS SOUTH 31°23'17'EAST,273.82 FEET)TO A POINT OF TANGENCY; 14)THENCE SOUTH 05°10'44'EAST ALONG SAID TANGENT,A DISTANCE OF 64.90 FEET TO A POINT THAT LIES ON THE EAST LINE OF THE NORTH EAST QUARTER OF SAID SECTION 35; 1 S)THENCE SOUTH 00°33'43°EAST ALONG SAID EAST LINE 102.29 FEET TO A POINT OF CURVE, 16)THENCE DEPARTING FROM SAID EAST LINE AND ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 29"11'45",A RADIUS OF 260.00 FEET AND AN ARC LENGTH OF 132.49 FEET(CHORD BEARS SOUTH 23'52'35"WEST,131.06 FEET)TO A POINT OF TANGENCY; 17)THENCE SOUTH 38°28'28'WEST ALONG SAID TANGENT,A DISTANCE OF 300.18 FEET TO A POINT OF CURVE; 18)THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 27° 09'20',A RADIUS OF 440.00 FEET AND AN ARC LENGTH OF 208.54 FEET(CHORD BEARS SOUTH 24°53'48'WEST,206.59 FEET)TO A POINT OF TANGENCY; 19)THENCE SOUTH 11°19'08"WEST ALONG SAID TANGENT A DISTANCE OF 21.12 FEET TO A POINT LYING ON THE NORTH LINE OF THE SOUTH EAST QUARTER OF SAID SECTION 35; THENCE SOUTH 89°31'03'EAST ALONG SAID NORTH LINE,336.43 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 35; THENCE SOUTH 0°33'39'EAST ALONG THE EAST LINE OF THE SOUTH EAST QUARTER OF SECTION 35,A DISTANCE OF 2,644.29'FEET TO THE NORTH EAST CORNER OF SAID SECTION 2, THENCE S SOUTH 0'27'21"WEST ALONG THE EAST LINE OF THE NORTH EAST QUARTER OF SAID SECTION 2, A DISTANCE OF 2710.43 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 2 AND THE POINT OF BEGINNING; SAID PARCEL CONTAINS 2,807,831.38 SQ.FT.,64.46 ACRES±. CONTIGUOUS BOUNDARY=16,863.95 L F. TOTAL BOUNDARY=33,362.02 L.F. RATIO=1:1.98 PARCEL#2: THAT PART OF SECTION 2,TOWNSHIP 3 NORTH,RANGE 67 WEST OF THE 6TH P.M.,COUNTY OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 2; THENCE NORTH 88%%d55'43'WEST,ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 2,A DISTANCE OF 1074.53 FEET TO A POINT; THENCE NORTH 7%%035'29'EAST A DISTANCE OF 317.43 FEET TO A POINT; THENCE NORTH 25%%046'21'WEST A DISTANCE OF 289.30 FEET TO A POINT; THENCE NORTH 11%54056'15'WEST A DISTANCE OF 109.86 FEET TO A POINT; THENCE SOUTH 7354%403'14'EAST A DISTANCE OF 2231.87 FEET TO A POINT; THENCE SOUTH 88%%d55'51'EAST A DISTANCE OF 385.65 FEET TO A POINT; THENCE SOUTH 03'03'18'EAST A DISTANCE OF 70.18 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 2; THENCE NORTH 88%%055'51'WEST,ALONG SAID SOUTH LINE,A DISTANCE OF 1343.60 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 764,922.21 SO.FT.,17.56 ACRES±. CONTIGUOUS BOUNDARY=2,687.70 L.F. TOTAL BOUNDARY=5,822.42 L.F. RATIO=1 2.17 E i i' Iis.lQ lt ,1 - I S !Ai 1 d ,11! �! 1iaiFKsa I ttitI y!I ; o ! t I } ill ;: I rl,l ! L I i1 1M 3 �IepgC��E I ° ! E i F ! i a` I` 1 � , s x I., c(, • ! } 4' I a t! 81 7.n.8 8 of Eli 1 < `V ; ! 1I Offe oil3�a I }'} !t �l G }� `` It S `, 2I!i{ i ''! al>• of ik 6_, b` :i ! !' = ' i glsilr tl , vlf�ib l � i.I of llS �dF! a 3 I. (2!!iii ! 0 4 JI atil, i it l J 1 — 14" , ILL !!1: ai3e+,..,rv.o,.o. 1a .. �SS'< !!'; YEte y. a i! 4 xs d S«j F 6 S !> Y is L4 P 7a e 2 ! I 'G tAwIa! z ! Yl aa s' I ! e:la — L�0 aq 5 E D !WV 3 � t ti 4 W NA c, Ssa 48:78 sa5 d €° III; P!y?ti ,,1 e4 = O W �i I 2 =II of el zSil v'HF {11N3 B 2P Pl L IR ZI 1 `ia6 49 !a3 poS eQY9y PY Y 1� p J ' 'jE `4S} tQ $ld iii O [Q t of ii YF?P lt4 18 itel :. a. Q Q tiQ � _ _ xy es is E ;. rn ti r. x! 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