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Home My WebLink About20101978.tiff RESOLUTION RE: APPROVE PARTIAL ASSIGNMENT OF LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT (COUNTY ROAD 38) CONCERNING PLATTE SAND AND GRAVEL MINING AND PLANT OPERATIONS AND AUTHORIZE CHAIR TO SIGN - TOWN OF PLATTEVILLE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Partial Assignment of Long-Term Maintenance and Improvements Agreement(County Road 38)concerning Platte Sand and Gravel Mining and Plant Operations between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Town of Platteville, 400 Grand Avenue, Platteville, Colorado 80651, commencing upon full execution, with further terms and conditions being as stated in said agreement, and WHEREAS,after review,the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Partial Assignment of Long-Term Road Maintenance and Improvements Agreement (County Road 38) concerning Platte Sand and Gravel Mining and Plant Operations between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Town of Platteville be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of August, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO ATTEST: 170 la Radem er, h • Weld County Clerk tot , -� arbara Kirkmeyer, Pr -Tem BY: Co; 61),Deputy Clerk to the Bo `,w �„ Sean P APP D ASJQ'FO M: ' li- F. Ga 'a County Attorney / David E. Long Date of signature: 84/3 Oriq 4r Pin Lrr-nnCia ) 0).- OW, Y\« vil\", yv�, \ 'k&- 2010-1978 xl 3U f I o /6-y-iC EG0062 905 PARTIAL ASSIGNMENT OF LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT This Partial Assignment of a Long-Term Road Maintenance and Improvements Agreement, ("Agreement"), is executed this )1 '=''day of \_ () ;.,. (�: , 2010, the Board of County Board of County Commissioners, Weld County, State 6f Colorado, with a mailing address of 915 Tenth Street, Greeley, Colorado 80631, (hereinafter referred to as 'Board"), and the Town of Platteville, Colorado, a municipal corporation of the State of Colorado, with a mailing address of 400 Grand Avenue, Platteville, Colorado 80651, (hereinafter referred to as "Platteville"). RECITALS WHEREAS, pursuant to the requirements of a Use by Special Review permit, issued by the Board of Trustees of the Town of Milliken, Colorado to allow Platte Sand & Gravel, LLC, (hereinafter P S &G), to conduct mining and plant operations on an area located within the Town of Milliken, P S & G and Milliken entered into an agreement which required P S & G to enter into a road maintenance and improvement agreement with the Board, and WHEREAS, P S & G did enter into a Long Term Road Maintenance and Improvements Agreement with the Board, which Agreement was executed on December 8, 2004, ("2004 Agreement"), (a copy of said 2004 Agreement is attached hereto as "Exhibit A" and made a part hereof), and WHEREAS, pursuant to the terms of the 2004 Agreement, PS & G agreed that as long as it was hauling materials from its Milliken operation, P S & G would follow the haul route established in the 2004 Agreement, (i.e., utilizing WCR 38 from WCR 23 to State Highway 60 ("SH 60"), and WHEREAS, the 2004 Agreement provided that P S & G would excavate, repair or patch any damage to the haul route whenever the Weld County Director of Public Works/County Engineer determined that the damage was created by heavy truck hauling from the site of the gravel pit, and WHEREAS, the 2004 Agreement further provided that P S & G would pay a proportional share (i.e., Eighty-Five and 53/100 Percent (85.53%), for that portion of WCR 38 between State Highway 60 and WCR 25.5) of the cost to reconstruct WCR 38 which constitutes the haul route, when the road damage increased beyond the point that repair or patching could reasonably restore the road, and WHEREAS, the terms of the 2004 Agreement provide that "County may delegate or assign its rights and obligations without the consent of P S & G to another governmental entity which by annexation has assumed jurisdiction over the road," and WHEREAS, the Town of Platteville has annexed a portion of WCR 38 between WCR 25.5 and SH 60, (as set forth on Platteville Ordinance No. 644, which includes a legal description of the annexed property, which is attached hereto and made a part hereof as Exhibit B), and 111111 IIIII IIIIII IIIII IIIIII IIIII IIIII III IIIII IIII IIII ��;�,—, 76-23721908 09/30/2010 11:57A Weld County, CO 1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder WHEREAS, after Platteville's annexation of the above-described portions of WCR 38 it is and shall be advantageous to all of the parties that the rights and obligations of the Board under the 2004 Agreement, (insofar as those rights and obligations pertain to that portion of WCR 38 between WCR 25.5 and SH 60), be assigned to Platteville, in order that Platteville may fulfill its obligations with respect to the roads within Platteville's jurisdiction, and, in coordination with P S & G, may arrange for the maintenance and possible reconstruction of those portions of WCR 38 annexed by Platteville. NOW THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the Board and Platteville agree as follows: ASSIGNMENT I. Effective on the date of the execution of this Agreement, ("Effective Date"), the Board assigns to Platteville all rights, obligations and/or interests it may have in the 2004 Agreement, insofar as those rights obligations and/or interests pertain to that portion of WCR 38 described in Exhibits B and C, (which is the portion of WCR 38 between WCR 25.5 and SH 60 annexed by Platteville). 2. On the Effective Date, Platteville agrees to assume all of the Board's rights, obligations and/or interests under the 2004 Agreement, insofar as those rights, obligations and/or interests pertain to the portion of WCR 38 between WCR 25.5 and SH 60 annexed by Platteville. 3. On the Effective Date, P S & G shall be given notice of the assignment of the Board's rights, obligations and/or interests in the 2004 Agreement, insofar as those rights, obligations and/or interests pertain to the portion of WCR 38 between WCR 25.5 and SH 60 annexed by Platteville. 4. The Board and Platteville also agree to provide Milliken notice of the assignment of the Board's rights, obligations and/or interests in the 2004 Agreement, insofar as those rights, obligations and/or interests pertain to the portion of WCR 38 between WCR 25.5 and SH 60 annexed by Platteville, and both agree to request that Milliken support the assignment of said rights and obligations. 5. The Board makes the following representations to Platteville: a. The 2004 Agreement attached hereto and made a part of this Agreement as Exhibit A is a true, complete, and correct copy of the Agreement; b. Neither the Board nor P S & G is presently in default under the 2004 Agreement; 6. Except as provided in this Agreement, the terms and conditions of the 2004 Agreement remain the same and are hereby confirmed, ratified and approved by the parties to this Agreement. 7. All rights and obligations of P S & G and the Board to one another under the 2004 Agreement which are not assigned under this Agreement shall remain unchanged and in full force and effect. I IIIIII VIII IIIIII VIII IIIIII VIII VIII III VIII IIII IIII 3721908 09/30/2010 11:57A Weld County, CO 2 of 3 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 8. Nothing in this Partial Assignment enlarges, diminishes or changes P S & G's rights or obligations to maintain or possibly replace any portion of WCR 38 covered by the 2004 Agreement, except that the role of the County shall be assumed by Platteville where WCR 38 has been annexed by Platteville. 9. Nothing in this Partial Assignment changes P S & G's obligations to observe and utilize the approved haul routes set forth in the 2004 Agreement. 10. Nothing in this Partial Assignment permits or enables Platteville to amend, alter, or change any of the terms of the 2004 Agreement, including the designation of the haul route assigned to P S & G. Li Dated this, 53ay of UC Ci •c_t— , 2010. ATTEST: 75 BOARD OF COUNTY COMMISSIONERS `" '1 � COUNTY OF WELD, STATE OF •d e?' � COLORADO CLERK TO THE BOAR fi i Pt±`E9- OF COUNTY COMMISS 6'• ��`�� By:/ / ' / L ; GI _ I B UK (Deputy) Cler • the Board Dougl s Radema er, Chairman Date: AUG 2 5 2010 7 Q‘.ATTF`, t • ST: ,` , 1 TOWN OF PLATTEVILLE, a municipal t OE S$1+" ' corporation of the STATE OF COLORADO r X01.. By: C ' I QC. By: Leah Heneger, Town lerk Steve hafe , ayor Date: / ) / /C- I EDI 11111 plat III 11111 MED 11111 lip IIII 3721908 09/30/2010 11:57A Weld County, CO 3 of 3 R 0.00 0 0.00 Steve Moreno Clerk & Recorder ,7?C/C—/9 247 EXHIBIT A 868 COUNTY OF WELD. STATE OF COLORADO LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT THIS AGREEMENT made and entered into this day of ,2004,by and between the County of Weld. State of Colorado,hereinafter called"COUNTY" and Platte Sand and Gravel LLC (USR- 1306),hereinafter called"PSG'. WHEREAS,PSG has an annexation agreement and land use permits from the Town of Milliken for gravel, sand and aggregate mining on 1628 acres located in parts of the SE¼SE'/e of Section 23;parts of the SE' NE'/, SW ''A NE 1/4,SE '/ SW 1,and SE Y NW'/e of Section 26;parts of the NE'%NE'/s and SE%NE'/ of Section 34 and parts of the NE! NW 1/4 and SE'A SW%of Section 35,all in Township 4 North,Range 67 West,and parts of the E '/and E 1/4 \\ ';of Section 2.Township 3 North,Range 67 West of the 6th P.M.,Weld County,Colorado. WHEREAS. the mining site shall generate an increase in heavy truck traffic,and WHEREAS.the existing County roads that serve the mining site shall require increased maintenance and improvement due to the increase in heavy truck traffic,and WHEREAS. Milliken has required that PSG improve Weld County Road 38 from the property site to Statc Highway 60,and WHEREAS,COUNTY and PSG have reviewed maintenance and improvements proposals put forth by PSG, and both parties agree that such maintenance and improvements will enhance the accessibility and safety of the roads that serve said mining site. NOW. THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, COUNTY and PSC i mutually agree as follows: Haul Route A. All haul trucks will exit the site via the access point at Weld County Road(WCR)23 and WCR 38 traveling eastbound on WCR 38 to SH 60. In the event an act of God prevents use of the WCR 38 haul route, PSG may approach the County for permission to haul from another access point. Paving,dust abatement or other forms of mitigation may be imposed upon a new haul route depending upon road conditions and length of use. Improvements B. PSG shall provide a pavement design and complete construction plans for the entire length of WCR 38 from WCR 23 to SH 60 for review and approval by the Public Works Department within 75 calendar days of execution of this agreement. This shall include soil borings along the roadway centerline to a minimum depth of 5-feet. Paving of WCR 38 will be required from the gravel pit entrance on WCR 23 to SH 60 in accordance with approved design and plans. C. From the tirst day of materials shipment from the PSG site, PSG shall provide continuous • 1 111111 11111 11111 111111111111 III 1111111 111 11111 1111 1111 9244888 12/17/2004 11:35A Weld County, CO 2004-3421 1 of 7 R 0.00 D 0.00 Steve Moreno Clerk A Recorder dust abatement and road grading to ensure WCR 38 is maintained with a smooth dust free surface acceptable to the Director of Public Works/County Engineer or his assignee. D. When day and night temperatures exceed 50 degrees Fahrenheit PSG shall grade,compact, prime,double chip and seal,stripe and post narrow road advisory signs on WCR 38 from the PSG entrance to SH 60 in accordance with standards approved by the Weld County Department of Public Works. In no case shall the chip seal improvements be delayed past May 27. 2005. The chip-seal surfacing will include all intersections along WCR 38 including the site exit at WCR 23 and the approach to SH 60. Intersections shall be chip scaled back to the point of curvature (PC) of each intersecting county roadway. This requirement will ensure longevity of the chip and seal product. Driveways shall also be graded or chip-sealed such that a smooth transition exists into and out of private residences. Signing and striping can be contracted through the Weld County Department of Public Works. PSG shall be responsible for all maintenance of the chip and sealed roadway. Maintenance shall include,but not be limited to,resealing,patching for potholes and repairs for rutting. E. Pas ing of WCR 38 as described in Paragraphs B and G shall be constructed within 3-years front the date of this agreement. Construction of the Paragraph B and G improvements paving of the roadway) may be delayed two years if, after review of the chip and sealed roadway surface condition after two years from its construction, it is determined by the Public Works Director/County Engineer that the chip-sealed surface remains serviceable. In no case shall the paving requirement be delayed longer than four years from the initial chip seal construction. This timeline is attached in"Exhibit C"and incorporated herein.The decision of the Public Works Director/County Engineer may be appealed to the Board of County Commissioners pursuant to the procedure for adjudicatory hearings in the County C'odc which decision shall be final. This requirement shall be determined by routine site inspection of WCR 38 to determine the overall condition of the chip-sealed surface. F. PSG will be required to provide testing services and inspection for the construction of the improvements. The COUNTY will only provide oversight. A registered professional engineer, registered in the State of Colorado,shall provide the COUNTY with a letter that certifies the proper installation of the road and ancillary improvements. This requirement does not prohibit the Department of Public Works from inspecting the construction work while underway and requiring reasonable quality control measures. Ci The road improvements shall include: widening of WCR 38 to include a total pavement width of 32-feet(I2-foot travel lanes and 4-foot paved shoulders). The depth and type of pavement will be determined from the recommended pavement design submitted by PSG. Other improvements associated with the widening of WCR 38 are ditch,pipe reconstruction. drainage structure extension/reconstruction,roadbase,revegetation,earthwork,signing and striping. H. Each intersection along WCR 38, including SH 60, shall be appropriately designed to accommodate for turning movements of large trucks. A minimum turning radius of a WB-50 vehicle shall be used for design. INHERE 2 of 78 R10.OOM0 0.00 ag a MorenooClerrk CO Recorder PSG and Weld County will proportionally share the cost of the improvements. Weld County will not participate in the cost of dust abatement or a chip-sealed pavement surface or maintenance thereof. The cost share has been determined by relating all vehicles to 18,000 lb truck equivalents. The County has provided the traffic data. The cost share percentages arc as follows. Weld County PSG SH 60 to WCR 25.5 14.47% 85.53% WCR 25.5 to WCR 25 5.61% 94.39% WCR 25 to WCR 23 5.69% 94.31% If PSG chooses to construct the roadway using concrete pavement any differential cost associated with concrete pavement construction will be borne by PSG. In the event concrete construction is less,the County will participate in the cost of the concrete road construction at the percentages listed above. PSG shall submit an engineer's estimate of the proposed improvements. This estimate shall he reviewed and approved by Weld County. It will provide the basis for cost sharing between PSG and Weld County. The cost-sharing breakdown will become part of this agreement and shall be incorporated as Exhibit "B." K The engineering design and construction plans for the roadway improvements shall be the responsibility of PSG. PSG shall provide the County with construction drawings that detail the required improvements. The plans shall consist of,at a minimum,intersection layout and grading.plan and profiles,cross sections,signing and striping,structure plans and property ownership. These plans will require approval by the Public Works Director/County Engineer or his representative. A registered professional engineer registered in the State of Colorado must prepare the construction plans. The plans,when reviewed and approved,will constitute a section of this agreement. They will be attached hereto and referenced as Exhibit "A." L. The engineering design provided by PSG shall include details addressing the intersection alignment of WCR 25 and WCR 38, irrigation structures, roadside drainage and the intersection at SH 60. PSG must work with the Colorado Department of Transportation to secure all necessary approvals to access SH 60. Shoulder widening improvements shall take place during the winters of 2004-2005 and 2005-2006 to establish a complete roadway cross section as described in Paragraph G. Widening shall be accomplished by constructing the full length of either the north or south shoulder of WCR 38 in each winter period described above. Each shoulder widening shall be completed by March 3 I"following the winter season. PSG can,with prior approval from the Public Works Director,choose to construct the shoulder widening in one winter season. All inspection requirements as described in Paragraph F shall be required. PSG understands and agrees that the interim shoulder widening and chip-sealed surface will not replace the ultimate improvement required by the engineering design attached hereto as Exhibit"A". PSG also acknowledges that the work associated with shoulder widening and the chip-sealed surface may become part of the overall required improvement but that additional work will I REII IM 11111111111111111 III 1111111 III 11111 IIII IIII 3244888 12117/2004 11:35A Weld County, Co 3 of 7 R 0.00 0 0.00 Steve Moreno Clerk&Recorder be required to achieve the improvements outlined in Paragraph G. M. The applicant shall warrant and guarantee all final construction improvements for a period of one year from completion. Maintenance N. PSG agrees to excavate,repair,or patch any damage on WCR 38(haul route)at any stage of the haul route construction. This includes the chip-sealed and paved road. The type and method of repair will be determined by the Public Works Director/County Engineer or his representative. The repairs shall commence within thirty(30)days of receipt of our written notice. There will be an annual inspection in the spring of the roadways to determine actual conditions and what work is to be performed that summer if any repairs are needed. O. At any time in the future,if road damage from PSG hauling operations has increased beyond the point that repair of damage can reasonably restore the road,PSG will pay a proportionate cost share based on the percentages listed in Paragraph Ito repair the roadway. PSG may be released from this requirement if the damage to the roadway is caused by an act of God. P. I f reconstruction is required,PSG shall pay a proportional share of the cost to reconstruct the roadway. The share will be determined by the percentages shown in Paragraph I. The COUNTY has provided the traffic data. CDOT Improvements Q. PSG will address any concerns the Colorado Department of Transportation may have at the intersection of SH 60 and SH 85 and the intersection of WCR 38 and SH 60. PSG shall assume all costs for any CDOT requested improvements. 2. Prior to the start of hauling operations,the COUNTY and PSG will inspect the roads covered under this Agreement to ensure that the gravel pit operator will not be held responsible for damage that has previously occurred. 3. Failure of either party to perform any of its respective obligations hereunder by reason of acts of God, strike, or acts of any governmental agency or authority having jurisdiction over matters set forth herein shall excuse timely performance of such obligations provided that the obligations are performed as soon as reasonably practical. 4. This Agreement may not be assigned or delegated in whole or in part by either party hereto without then ritten consent of the other party. Such consent will not to be reasonably withheld,conditioned, or delayed. Notwithstanding the foregoing two sentences,the obligation to improve and maintain the road may be delegated to a purchaser of a portion or all of the described mining operation provided further that such consent does not constitute a novation which would relieve PSG of any of its obligations under this agreement. Furthermore, County may delegate or assign its rights and obligations without the consent of PSG to another governmental entity which by annexation or agreement has assumed jurisdiction over the road. 11111111111 3244868 12/17/2004 11:36A Weld County, CO 4 of 7 R 0.00 D 0.00 Steve Moreno Clerk A Recorder 5. If any clause or provision of this Agreement is illegal, invalid, or unenforceable, then it is the intention of the parties that the remainder of this Agreement shall not be affected. 6. Should PSG sell its operation,cease operating,file bankruptcy,or in any way release ownership and responsibility of the permitted property,the County shall have the option of immediately terminating this Agreement. Notwithstanding the terms of this paragraph, the requirements of the Town of Milliken shall not be waived by the terms of this paragraph and the failure to have a maintenance Agreement in effect will be reported to the Town for its consideration as a violation of the Town's requirements. 7. All construction and materials controls for a project will be in accordance with the current Standard Specifications for Road and Bridge Construction, as supplemented or revised, provided by the Colorado Department of Transportation. During construction,signage shall be posted in accordance with the most current Uniform Manual on Traffic Control Devices. 8. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement,shall be strictly reserved to the undersigned parties,and nothing contained in this Agreement shall give or allow any claim or right of actions whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. 9. Indemnification: To the extent authorized by law, PSG agrees to indemnify, save, and hold the County harmless from and against any and all claims,damages, losses,and judgments,which may be suffered or incurred by the County as a consequence of any breach by PSG of its obligations and duties set forth in this Agreement on those portions of the haul route described in this Agreement. In the cvent that any dispute shall arise under this Agreement,the prevailing party in such dispute shall be entitled, in addition to any other relief to which such party may be granted, to recover its reasonable attorney's fees and court costs incurred in conncction with the resolution of such dispute. I0. By entering into this Agreement,the parties do not intend,either expressly or implicitly,to create a joint venture or partnership. Except as provided herein, neither party shall have the right or authority to act tor, or on behalf of,or to enter into any obligations which are binding on the other party to this Agreement. II. PSG shall provide a guarantee (collateral) acceptable to the Weld County Board of County Commissioners in accordance with sec 2-3-30 of the Weld County Code for maintenance of the chip and sealed roadway and construction improvements to WCR 38 as described above. Collateral for maintenance of the roadway shall be provided upon completion of the chip and seal surface roadway. Collateral for the construction improvements shall be made upon approval of the final construction plans and engineering cost estimate and no later than 30 calendar days following such approval. 111111111111 MN 11111 11111 IIIIII1 Ill 111111 III I'I'I 1111111 ,., . ....... 5 of 7 R 0.00 D 0.00 Steve Morena Cleld erk Recorder 3 12. All notices to be given under this Agreement shall be in writing and delivered in person,or mailed by certified or registered U.S.Mail,or sent by a nationally recognized overnight delivery service,to the party to receive such notice at the following addresses: Weld County Board of Commissioners(COUNTY) P.O. Box 758 Greeley. CO 80632 Platte Sand and Gravel(PSG) 1 300 Harlan Street Lakewood.CO 80214 All notices shall be effective upon receipt by the party to receive such notice,or by the third day following deposit of said notice in U.S.Mail,or the first day following deposit of acknowledgment of refusal of delivery of said notice. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement the day and year first above written. WHEREFORE. parties have hereunto set their hands and seals the date and year first written above. ATTEST: Platte Sand a Gravel, LLC %%%%%%1i111q#y %% FFSC/y �i�� '21 - By lal.1C( �� g NGi • 8718: S��%ri %onll `Ico`r` By: EST / 4 , 7 f /J BOARD OF COUNTY COMMISSIONERS I� � v//',v/,�//u.,',/it WELD COUNTY,COLORADO Clerk to the Board tut J4j �iZ • el, Ws y. tLdt °\ �. my Clerk to the Board �. Robert D. Masden,Chair DEC 0 8 2004 111111111111 VIII!1101 1111111 III 1111111 III 11111 3244868 12/17/2004 11:36A Weld County, CO 6 of 7 R 0.00 0 0.00 Steve Moreno Clerk& Recorder �aoy-3y�/ EXHIBIT "C" Execution of Road Improvements Agreement If hauling begins, PSG to provide dust suppressant and road grading up to the point road is chip-sealed When ambient temperatures exceed 50 degrees PSG to chip-seal road but no later than May 27,2004 2 years from execution of agreement Review of chip-seal surface to determine remaining serviceability 1 year from chip seal condition review Paving of WCR 38 from WCR 23 to SH 60 completed(if chip-seal does not perform) 2 years from chip seal condition review Paving of WCR 38 from WCR 23 to SH 60 (if chip seal performs) completed(if chip-seal does perform) AM IN I I N 1111111111111111 I I I 11111111 I I 1111111111111 3244868 12117/2004 11:36A Weld County, CO 7 of 7 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder ND 11111 11111 1111 11111 111111 III 1111111111111 EXHIBIT 3682538 03/2312010 09:23A Weld County, CO 1 of 39 R 196.00 0 0.00 Steve Moreno Clerk& Recorder TOWN OF PLATTEVILLE,COLORADO 538 Weld County, Colorado ORDINANCE NO.644 AN ORDINANCE APPROVING THE SERIES ANNEXATION OF PROPERTY KNOWN AS THE "WESTERN EQUIPMENT ANNEXATION"TO THE TOWN OF PLATTEVILLE,COLORADO AND SPECIFICALLY OF CERTAIN AREAS DESIGNATED AS "WESTERN EQUIPMENT FIRST ADDITION," "WESTERN EQUIPMENT SECOND ADDITION,""WESTERN EQUIPMENT THIRD ADDITION," "WESTERN EQUIPMENT FOURTH ADDITION,""WESTERN EQUIPMENT FIFTH ADDITION,""WESTERN EQUIPMENT SIXTH ADDITION"MORE PARTICULARLY DESCRIBED HEREIN BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TCWN OF PLATTEVILLE, COLORADO: Section 1. That a Petition for Annexation, together with four(4)copies of the map(s) of said territory as required by law, was filed with the Town, by more than fifty percent (50%) the owners who own more than fifty percent(50%) of the area of the territory hereinafter described. The Board of Trustees, by Resolution 2010-03 at its regular meeting on February 2, 2010, found and determined that the proposed annexation complies with and meets the requirements of the applicable parts of§§ 31-12-104 and 31-12-105, C.R.S. and further determined that ar election was not required under § 31-12-107(2), C.R.S. and further found that no additional terms and conditions were to be imposed upon said annexation except as set forth in the Arnexation Agreement attached hereto as Exhibit A and entered into between the Town and the Petitioner. Section 2. That the series annexation to the Town of Platteville of the following described property, in the following order, to be designated as "WESTERN EQUIPMENT ANNEXATION" to the Town of Platteville, Weld County, Colorado is hereby approved in the following order: Western Equipment First Addition A PORTION OF THE SOUTH ONE-HALF OF SECTION 7,TOWNSHIP 3 NORTH,RANGE 66 WEST OF THE 6TH P.M.,WELD COUNTY,COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 7,THENCE SOUTH 89°23'14"EAST,ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7,A DISTANCE OF 75.13 FEET,TO A POINT ON THE CENTERLINE OF THE UNION PACIFIC RAILROAD;THENCE NORTH 00°38'14"WEST,ALONG SAID RAILROAD CENTERLINE,A DISTANCE OF 30.00 FEET,TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 34, SAID PONT ALSO BEING 7 HE POINT OF BEGINNING; THENCE NORTH 00°38'14" WEST,ALONG SAID RAILROAD CENTERLINE,A DISTANCE OF 703.64 FEET;THENCE SOUTH 89°21'46"WEST,A DISTANCE OF 200.00 FEET,TO A POINT ON THE WEST LINE OF SAID RAILROAD RIGHT-OF-WAY, SAID 1 111111111111111111111111111111111111111IIIll 3IIII 3682538 0312312010 092311 Weld County, CO 2 of 39 R 196.00 D 0.00 Steve Moreno Clerk&Recorder LINE ALSO BEING THE EAST LINE OF HIGHWAY 85 RIGHT-OF-WAY DESCRIBED AS CDOT PARCEL NO'S 4&5, PROJECT F 006-1(20)IN BOOK 1490 AT PAGE 442 AND BOOK 1490,PAGE 39 OF WELD COUNTY RECORDS;THENCE SOUTH 00°38'14"EAST,ALONG SAID LINE,A DISTANCE OF 646.00 FEET;THENCE SOUTH 89°21'46"WEST,A DISTANCE OF 150.00 FEET, TO A POINT ON THE WEST LINE OF SAID CDOT PARCEL NO. 5;THENCE SOUTH 00°38'14" EAST,ALONG SAID RIGHT-OF-WAY LINE,A DISTANCE OF 50.00 FEET,TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 34;THENCE SOUTH 89°23'14"EAST, ALONG SAID NORTH RIGHT-OF-WAY LINE,A DISTANCE OF 350.08 FEET,TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 148,036 SQUARE FEET OR 3.40 ACRES,(MORE OR LESS). Western Equipment Second Addition A PORTION OF THE SOUTH ONE-HALF OF OF SECTION 7,TOWNSHIP 3 NORTH,RANGE 66 WEST OF THE 6TH P.M.,WELD COUNTY,COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 7,THENCE SOUTH 89°23'14"EAST,ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7,A DISTANCE OF 75.13 FEET,TO A POINT ON THE CENTERLINE OF THE UNION PACIFIC RAILROAD;THENCE NORTH 00°38'14" WEST, ALONG SAID RAILROAD CENTERLINE,A DISTANCE OF 733.64 FEET,TO THE POINT OF BEGINNING;THENCE NORTH 00°38'14"WEST,ALONG SAID RAILROAD CENTERLINE,A DISTANCE OF 50.00 FEET;THENCE SOUTH 89°21'46"WEST,A DISTANCE OF 200.00 FEET,TO A POINT ON THE WEST LINE OF SAID RAILROAD RIGHT-OF-WAY,SAID LINE ALSO BEING THE EAST LINE OF HIGHWAY 85 RIGHT-OF-WAY DESCRIBED AS CDOT PARCEL NO.4, PROJECT F 006-1(20)IN BOOK 1490,PAGE 442 OF WELD COUNTY RECORDS;THENCE FOLLOWING THE BOUNDARY OF SAID CDOT PARCEL FOR THE FOLLOWING FOUR(4) COURSES 1)NORTH 00°38'14" WEST,A DISTANCE OF 1107.42 FEET;2)THENCE ALONG THE ARC OF A CURVE TO THE RIGHT A DISTANCE OF 770.24',SAD ARC HAVING A RADIUS OF 5930.00 FEET,AN INCLUDED ANGLE OF 07°26'31",AND SUBTENDED BY A CHORD BEARING NORTH 03°05'02' EAST,A DISTANCE OF 769.70 FEET;3)THENCE NORTH 88°00'14"WEST,A DISTANCE OF 56.36 FEET;4)THENCE A DISTANCE OF 1295.75 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT,SAID ARC HAVING A RADIUS OF 5820.00 FEET,AN INCLUDED ANGLE OF 12°45'22",AND SUBTENDED BY A CHORD BEARING SOUTH 05°44'27' WEST,A DISTANCE OF 1293.08 FEET;THENCE SOUTH 00°38'14'EAST,ALONG SAID WEST LINE OF HIGHWAY 85 RIGHT-OF-WAY,A DISTANCE 1289.01 FEET;THENCE NORTH 89°21'46' EAST,A DISTANCE OF 150.00 FEET,TO A POINT ON THE WEST LINE OF SAID RAILROAD RIGHT-OF-WAY;THENCE NORTH 00°38'14"EAST,ALONG SAID RAILROAD RIGHT-OF-WAY, A DISTANCE OF 646.00 FEET;THENCE NORTH 89°21'46"EAST,A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 347,711 SQUARE FEET OR 7.98 ACRES,(MORE OR LESS). Western Equipment Third Addition A PORTION OF SECTION 7 AND SECTION 6,TOWNSHIP 3 NORTH,RANGE 66 WEST OF THE 6TH P.M.,WELD COUNTY,COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS: 2 IUD 11111 111111 OHIO 111111111111 1111I I I I 3682538 03/2312010 09:23A Weld County, CO 3 of 39 R 196.00 D 0.00 Steve Moreno Clerk 8 Recorder COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 7,THENCE SOUTH 89°23'14" EAST,ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7, A DISTANCE OF 75.13 FEET,TO A POINT ON THE CENTERLINE OF THE UNION PACIFIC RAILROAD;THENCE NORTH 00°38'14" WEST,ALONG SAID RAILROAD CENTERLINE, A DISTANCE OF 783.64 FEET,TO THE POINT OF BEGINNING; THENCE SOUTH 89°21'46" WEST,A DISTANCE OF 200.00 FEET,TO A POINT ON THE WEST LINE OF SAID RAILROAD RIGHT-OF-WAY,SAID LINE ALSO BEING THE EAST LINE OF HIGHWAY 85 RIGHT-OF-WAY AS DESCRIBED AS PARCEL NO.4,PROJECT F 006-1(20) RECORDED IN BOOK 1490 AT PAGE 442 OF WELD COUNTY RECORDS;THENCE NORTH 00°38'14' WEST, ALONG SAID RAILROAD RIGHT-OF-WAY,A DISTANCE OF 1107.42 FEET; THENCE CONTINUING ALONG SAID RAILROAD RIGHT-OF-WAY A DISTANCE OF 770.24 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID ARC HAVING A RADIUS OF 5930.00 FEET,AND INCLUDED ANGLE OF 07°26'31",AND SUBTENDED BY A CHORD BEARING NORTH 03°05'02" EAST,A DISTANCE OF 769.70 FEET,TO THE SOUTHEAST CORNER OF CDOT PARCEL NO.3, PROJECT F 006-1(20)AS DESCRIBED AT BOOK 1490 PAGE 50, WELD COUNTY RECORDS; THENCE ALONG THE BOUNDARY OF SAID CDOT PARCEL FOR THE FOLLOWING THREE(3)COURSES: I)NORTH 88°00'14" WEST,A DISTANCE OF 56.36 FEET; 2)THENCE A DISTANCE OF 304.10 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, SAID ARC HAVING A RADIUS OF 5820.00 FEET,AN INCLUDED ANGLE OF 2°59'38",AND SUBTENDED BY A CHORD BEARING NORTH 13°36'57"EAST,A DISTANCE OF 304.07 FEET; 3)THENCE NORTH 15°06'46" EAST,A DISTANCE OF 308.15 FEET; THENCE SOUTH 77°46'16"EAST,A DISTANCE OF 156.17 FEET;THENCE A DISTANCE OF 2798.05 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID ARC HAVING A RADIUS OF 5780.00 FEET,AN INCLUDED ANGLE OF 27°44'1I",AND SUBTENDED BY A CHORD BEARING NORTH 26°30'40" EAST,A DISTANCE OF 2770.80 FEET, SAID ARC ALSO BEING 50.00 FEET NORTHWESTERLY AND PARALLEL WITH THE CENTERLINE OF SAID UNION PACIFIC RAILROAD;THENCE NORTH 40°22'46'EAST,ALONG A LINE 50.00 FEET NORTHWEST OF AND PARALLEL WITH THE CENTERLINE OF SAID UNION PACIFIC RAILROAD,A DISTANCE OF 919.59 FEET;THENCE SOUTH 49°37'14"EAST,A DISTANCE OF 50.00 FEET,TO A POINT ON THE CENTERLINE OF SAID UNION PACIFIC RAILROAD; THENCE SOUTH 40°22'46' WEST,ALONG SAID RAILROAD CENTERLINE,A DISTANCE OF 919.59 FEET;THENCE CONTINUING ALONG THE CENTERLINE OF SAID RAILROAD A DISTANCE OF 4101.97 FEET ALONG THE ARC OF A CURVE TO THE LEFT,SAID ARC HAVING A RADIUS OF 5730.00 FEET,AN INCLUDED ANGLE OF 41°01'00"EAST,AND SUBTENDED BY A CHORD BEARING SOUTH 19°52'16" WEST,A DISTANCE OF 4014.94 FEET; THENCE SOUTH 00°38'14" EAST,ALONG SAID RAILROAD CENTERLINE,A DISTANCE OF 1107.42 FEET,TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 694,213 SQUARE FEET OR 15.94 ACRES,(MORE OR LESS). Western Equipment Fourth Addition A PORTION OF SECTION 7 AND SECTION 6,TOWNSHIP 3 NORTH,RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY,COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 6,THENCE NORTH 89`02'38" EAST,A DISTANCE OF 40.02 FEET,TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 60;THENCE SOUTH 01°37'50" EAST,ALONG THE EAST RIGHT-OF-WAY LINE OF HIGHWAY 60,A DISTANCE OF 2547.42 FEET;THENCE SOUTH 00°57'03"EAST ALONG THE EAST RIGHT-OF-WAY LINE OF HIGHWAY 60, SAID LINE BEING 3 ►►11111111111111► 11111 lNi►11111113A Weld 1 II►11I►�lull►11► 4 of 39 R 196.00 D 0.00 Steve Moreno Clerk&Recorder 70.00 FEET EAST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST ONE- QUARTER OF SAID SECTION 6,A DISTANCE OF 897.74 FEET,TO A POINT ON THE CENTERLINE OF THE UNION PACIFIC RAILROAD;THENCE SOUTH 40°22'46" WEST,ALONG SAID RAILROAD CENTERLINE,A DISTANCE OF 1012.32 FEET,TO THE NORTH EAST CORNER OF THAT PARCEL OF LAND DESCRIBED AS SODBUSTER ANNEXATION NO. 3; THENCE ALONG THE BOUNDARY OF SAID SODBUSTER ANNEXATION NO. 3 FOR THE FOLLOWING FOUR(4)COURSES: I)NORTH 49°37'14" WEST,A DISTANCE OF 50.00 FEET;2) THENCE SOUTH 40°22'46'WEST,ALONG A LINE 50.00 FEET NORTHWEST OF AND PARALLEL WITH SAID RAILROAD CENTERLINE,A DISTANCE OF 919.59 FEET;3)THENCE CONTINUING ALONG SAID RAILROAD CENTERLINE LINE,A DISTANCE OF 2798.05 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID ARC HAVING A RADIUS OF 5780.00 FEET,AN INCLUDED ANGLE OF 27°44'11', AND SUBTENDED BY A CHORD BEARING SOUTH 26°30'40" WEST,A DISTANCE OF 2770.80 FEET;4)THENCE NORTH 77°46'16'WEST, A DISTANCE OF 156.17 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 85 AS DESCRIBED BY CDOT PARCEL NO 1,PROJECT F 006-1(20)RECORDED IN BOOK 1490 AT PAGE 446; THENCE ALONG SAID HIGHWAY 85 RIGHT-OF-WAY LINE FOR THE FOLLOWING THREE(3)COURSES: I)NORTH 15°06'46"EAST,A DISTANCE OF 607.45 FEET;2)THENCE A DISTANCE OF 2061.17 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID ARC HAVING A RADIUS OF 4674.00 FEET,AN INCLUDED ANGLE OF 25°16'00", AND SUBTENDED BY A CHORD BEARING NORTH 27°44'46"EAST,A DISTANCE OF 2044.51 FEET; 3)THENCE NORTH 40°22'46"EAST,A DISTANCE OF 2306.81 FEET,TO A POINT ON THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 6;THENCE NORTH 00°57'03'WEST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 6,A DISTANCE OF 628.63 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 6;THENCE NORTH 00°57'22'WEST,ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6,A DISTANCE OF 2547.66 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1,123,989 SQUARE FEET OR 25.80 ACRES,(MORE OR LESS). Western Equipment Fifth Addition A PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 31 AND A PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 32,TOWNSHIP 4 NORTH,RANGE 66 WEST OF THE 6TH P.M.,AND A PORTION OF THE EAST ONE-HALF OF SECTION 6,TOWNSHIP 3 NORTH,RANGE 66 WEST OF THE 6TH P.M.,WELD COUNTY,COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 6,THENCE SOUTH 00°5722"EAST,ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 6,A DISTANCE OF 2547.66 FEET,TO THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 6;THENCE SOUTH 00°57'03'EAST,ALONG THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 6,A DISTANCE OF 628.63 FEET,TO A POINT ON THE NORTHWESTERLY RIGHT- OF-WAY LINE OF U.S.HIGHWAY 85;THENCE SOUTH 40°22'46'WEST,ALONG SAID HIGHWAY 85 RIGHT-OF-WAY,A DISTANCE OF 15.14 FEET,TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 60 AS DESCRIBED IN BOOK 1011 AT 4 111111 11111 M111 11111 IIII 111111111111 III 11111 IIII IIII 3682538 03/23/2010 09:23A Weld County, CO 5 of 39 R 196.00 D 0.00 Steve Moreno Clerk& Recorder PAGE 463 OF WELD COUNTY RECORDS; THENCE NORTH 00°57'03" WEST,ALONG SAID HIGHWAY 60 RIGHT-OF-WAY LINE, SAID LINE ALSO BEING 10.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 6, A DISTANCE OF 639.95 FEET;THENCE NORTH 0l°37'49"WEST, ALONG THE WEST RIGHT- OF-WAY LINE OF HIGHWAY 60 AS DESCRIBED IN BOOK 1072 AT PAGE 570 OF WELD COUNTY RECORDS, A DISTANCE OF 2518.00 FEET TO A POINT ON THE SOUTH RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 38 AS DESCRIBED IN BOOK 48 AT PAGE 334 OF WELD COUNTY RECORDS;THENCE SOUTH 89°08'15"WEST,ALONG SAID COUNTY ROAD 38 RIGHT-OF-WAY LINE,SAID LINE ALSO BEING 30 FEET SOUTH AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 31,A DISTANCE OF 2570.66 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 25 1/2 AS DESCRIBED IN BOOK 48 AT PAGE 326 OF WELD COUNTY RECORDS;THENCE NORTH 00°54'43" WEST,ALONG SAID COUNTY ROAD 25 1/2 RIGHT-OF-WAY LINE, SAID LINE ALSO BEING 30 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 6,A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 31;THENCE NORTH 00°54'43" WEST,ALONG SAID COUNTY ROAD 25 1/2 RIGHT-OF-WAY LINE, SAID LINE ALSO BEING 30 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 31,A DISTANCE OF 30.00 FEET TO A. POINT ON THE NORTH RIGHT-WAY-LINE OF SAID COUNTY ROAD 38;THENCE NORTH 89'08'15" EAST ALONG SAID COUNTY ROAD 38 RIGHT-OF-WAY,SAID LINE ALSO BEING 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 31,A DISTANCE OF 2570.42 FEET TO A POINT ON THE WEST RIGHT-OF- WAY LINE OF HIGHWAY 60 AS DESCRIBED IN BOOK 1073 AT PAGE 17 OF WELD COUNTY RECORDS;THENCE NORTH 00°38'32"WEST,ALONG SAID HIGHWAY 60 RIGHT-OF-WAY, SAID LINE ALSO BEING 40.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 31,A DISTANCE OF 2627.17 FEET,TO A POINT ON THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 31; THENCE NORTH 89°17'16'EAST,ALONG THE NORTH LINE OF THE SOUTHEAST ONE- QUARTER OF SAID SECTION 31,A DISTANCE OF 40.00 FEET,TO THE NORTHEAST CORNER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 31;THENCE NORTH 89°21'28"EAST, ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 32,A DISTANCE OF 40.00 FEET;THENCE SOUTH 00°38'32"EAST,ALONG THE EAST RIGHT-OF- WAY LINE OF HIGHWAY 60 AS DESCRIBED IN BOOK 1048 AT PAGE 135 OF WELD COUNTY RECORDS, SAID LINE ALSO BEING 40.00 FEET EAST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 31,A DISTANCE OF 2656.90 FEET, TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 32; THENCE SOUTH 89°02'38" WEST,ALONG THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 32,A DISTANCE OF 40.02 FEET,TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 436,797 SQUARE FEET OR 10.03 ACRES,(MORE OR LESS). Western Equipment Sixth Addition A PORTION OF LOT D,AMRE-4066 LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 31,TOWNSHIP 4 NORTH,RANGE 66 WEST OF THE 6TH P.M.,WELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 5 IMO IIIII 111111 111111111 X11111 III IIIII 1111 1111 3682538 03/23/2010 09:23A Weld County, CO 6 of 39 R 196.00 0 0.00 Steve Moreno Clerk& Recorder COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST ONE-QUATER OF SAID SECTION 31,SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID LOT D;THENCE NORTH 89°17'17" EAST,ALONG THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 31,A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE FOLLOWING THE NORTHERNLY BOUNDARY OF SAID LOT D FOR THE FOLLOWING THREE(3)COURSES 1)NORTH 89°17'17"EAST,A DISTANCE OF 86.82 FEET; 2)THENCE SOUTH 30°38'49"WEST,A DISTANCE OF 9.95 FEET;3)THENCE NORTH 89°17'17" EAST,A DISTANCE OF 2501.16 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 60,AS DESCRIBED IN BOOK 1048 AT PAGE 135 OF WELD COUNTY RECORDS;THENCE SOUTH 00°38'32" EAST,ALONG SAID HIGHWAY 60 RIGHT-OF- WAY,SAID LINE ALSO BEING 40.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 31,A DISTANCE OF 2618.67 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 38,AS DESCRIBED IN BOOK 48 AT PAGE 334 IN WELD COUNTY RECORDS;THENCE SOUTH 89°08'15"WEST,ALONG SAID COUNTY ROAD 38 RIGHT-OF-WAY,SAID LINE ALSO BEING 30.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST ONE- QUARTER OF SAID O BOUNDARY OF SAID LOT FOR FOLLOWING TEN (10)COURSES THENCEFOLLOWING )NORTH 38'32" WEST,A DISTANCE OF 875.39 FEET;2)THENCE SOUTH 73°27'17"WEST,A DISTANCE OF 215.93 FEET;3)THENCE SOUTH 73°36'18"WEST,A DISTANCE OF 339.27 FEET;4)THENCE SOUTH 73°18'23" WEST,A DISTANCE OF 108.72 FEET; 5)THENCE SOUTH 73°42'32"WEST,A DISTANCE OF 116.13 FEET; 6)THENCE SOUTH 17°29'36" WEST, A DISTANCE OF 127.32 FEET; 7)THENCE SOUTH 17°25'44" WEST, A DISTANCE OF 95.17 FEET; 8)THENCE SOUTH 14°28'10" WEST,A DISTANCE OF 38.32 FEET;9)THENCE SOUTH 09°53'27" WEST,A DISTANCE OF 28.17 FEET; 10)THENCE SOUTH 89°08'15" WEST,A DISTANCE OF 615.22 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 25 1/2, AS DESCRIBED IN BOOK 48 AT PAGE 326 IN WELD COUNTY RECORDS;THENCE NORTH 00°54'43"WEST,ALONG SAID COUNTY ROAD 25 1/2 RIGHT-OF-WAY,SAID LINE ALSO BEING 30.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 31,A DISTANCE OF 2244.18 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 5,893,923 SQUARE FEET OR 135.31 ACRES,(MORE OR LESS). Section 3. That the annexation of said territory is subject to the terms of annexation set forth in the Annexation Agreement between the Town and the Petitioner. The Mayor and Town Clerk are authorized to enter into the Annexation Agreement attached hereto as Exhibit A. Section 4. That the Board of Trustees hereby consents to the inclusion of the annexed territory in the Municipal Subdistrict of the Northern Colorado Water Conservancy District pursuant to Section 37-45-136 (3.6), C.R.S. Section 5. Should any court of competent jurisdiction determine that any portion of the land annexed in this ordinance was unlawfully annexed, then it is the intent of the Board of Trustees that the remaining land lawfully annexed to the Town of Platteville should be so annexed and the Board of Trustees affirmatively states that it would have annexed the remaining land even though the court declares the annexation of other portions of the land to have been 6 ��iii�i iii�t i�iiii iti�i viii riiiii Weld a�i�i��ii iiii 3692538 unlawfully annexed. 7 of 39 R 196.00 D 0.D0 Steve Moreno Cterk 8 Recorder Section 6. Severability. If any article, section, paragraph, sentence, clause, or phrase of this Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Trustees hereby declares that it would have passed this Ordinance and each part or parts hereof irrespective of the fact that any one or parts be declared unconstitutional or invalid. Section 7. Repealer. All ordinances or resolutions, or parts thereof, in conflict with this Ordinance are hereby repealed,provided that such repealer shall not repeal the repealer.;lauses o:f such ordinance nor revive any ordinance thereby. Section 8. Effective Date. This Ordinance shall take effect thirty (30) clays after publication as provided in state statute. MOVED, SECONDED AND ADOPTED FOLLOWING PUBLIC HEARING BY THE PLATTEVILLE BOARD OF TRUSTEES ON THE 2nd DAY OF February,2010. TOWN OF PLATTEVILLE,COLORADO stOt.P rt4 Steve Mayor �✓ _ serkEAL i m • Leah Heneger,C C,Town Clerk 7 Hello