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HomeMy WebLinkAbout20081259.tiff Transmittal To Weld County Board of County Commissioners From Bruce Nickerson,Town Planner Subject Union Annexation Impact Report Date April 18,2008 Please see the attached Impact Report for the proposed Union Annexation to the Town of Firestone. Please contact me if you have any questions. et-l T btizFes) O(; /AI--, 1C✓v\ O Firestone 151 Grant 2008-1259 PO Box 100 Bruce Nickerson Firestone, Colorado 80520 bruce@nickersonco.com (303) 833-3291 FAX 833-4863 (303)422-7393 FAX 422-7834 1 Union Annexation To the Town of Firestone Weld County, Colorado I. Project Description The location of the proposed Union Annexation is shown on the Annexation Maps (Attachment A). The area to be annexed includes approximately 16.9 acres of Weld County right-of-way and approximately 313.1 acres of predominately vacant land in unincorporated Weld County. In conjunction with the proposed annexation, the zoning for the subject property is anticipated to change from Weld County Agricultural zoning to Town of Firestone Planned Unit Development zoning with residential, commercial and institutional land uses. The proposed Outline Development Plan for the property is shown in Attachment B. Current use of the property includes agricultural activities with related accessory uses. The Town Board will review the annexation and zoning proposals in relation to the Town's current land use and development policies. The land uses proposed are generally consistent with the Firestone Master Plan. A referral relative to the proposed land use for the property will be sent to the County planning department for comments. The Town's current boundaries are shown in Attachment C. II. Municipal Services Municipal services for Union are anticipated to be provided in the following manner at the time of development of the property: Electricity United Power Natural Gas Xcel Energy Telephone Qwest Water Town of Firestone Sewer St. Vrain Sanitation District Fire Frederick Firestone Fire Protection District Police Firestone Police Department Financing for the extension of and/or the improvement of the municipal services will primarily be the responsibility of the property owner/developer, through appropriate agreements and financing and completion guarantees. Additional funding for provision of municipal services provided by the Town Union Impact Report 1 will be financed through impact fees, taxes, charges or special improvement districts, if necessary. The owner/developer will primarily be responsible for the costs of water and service facilities serving the property. The Outline Development Plan generally shows approximate existing or planned locations of ditches, transportation facilities, water and sewer facilities and other known utilities. Access to the property is required to comply with the Town's Access Code and Ordinance. III. Special Districts The area proposed to be annexed is within or will petition for inclusion into the following special districts as may be directed by the Town: • Weld Library District • St. Vrain Valley School District • Northern Colorado Water Conservancy District • Frederick Firestone Fire Protection District • St. Vrain Sanitation District IV. School District Impact A referral regarding this annexation and the currently proposed land uses will be sent to the School District for referral. The response, from the School District should be forthcoming. The density of the proposed annexation is still being considered by the Town. At the proposed density it is estimated that there will be 208 elementary, 98 middle, and 73 high school students, for a total of 379 students, generated from the proposed development. V. Annexation Agreement Although all the details of an annexation agreement between the Town and the applicant have not been negotiated, the Town of Firestone's form annexation agreement is attached as Exhibit D. Union Impact Report 2 VI. Attachments A. Annexation Map Annexation maps B. Outline Development Plan Proposed land use map for the annexation C. Current Town Boundary Current Town boundary map D. Annexation Agreement Firestone's form Annexation Agreement Union Impact Report 3 ATTACHMENT A Firestone A Community .•WWW In Motion 1908 ., �, April 11, 2008 Clerk of the Weld County Board Frederick Area Fire Longmont Conservation of County Commissioners Protection District District P.O. Box 758 P.O. Box 129 9595 Nelson Road, Box D Greeley, CO 80632 Frederick, CO 80530 Longmont, CO 80501 Bruce Barker, Esq. Mountain View Fire St. Vrain and Left Hand Water Weld County Attorney Protection District Conservancy District 915 10th Street 9119 County Line Rd. 9595 Nelson Rd,Box C Greeley, CO 80632 Longmont, CO 80501 Longmont, CO 80501 St. Vrain Sanitation District Town of Frederick City of Dacono 11307 Business Park Circle P.O. Box 435 P.O. Box 186 Firestone, CO 80504 Frederick, CO 80530 Dacono, CO 80514 St. Vrain Valley School District City of Longmont Carbon Valley Recreation District 395 South Pratt Parkway 350 Kimbark Street 701 5'1' Street Longmont, CO 80501-6499 Longmont, CO 80501 Frederick, CO 80530 Central Weld County Water District Weld Library District Left Hand Water District 2235 2nd Avenue 2227 23rd Avenue P.O. Box 210 Greeley, CO 80631 Greeley, CO 80631 Niwot, CO 80544 Northern Colorado Water Longs Peak Water District Conservancy District 9875 Vermillion Road 220 Water Avenue Longmont, CO 80504 Berthoud, CO 80513 Dear Sir or Madam: Enclosed please find notification of a proposed annexation to the Town of Firestone,Colorado,to be known as the Union Annexation Nos. One and Two. The Public Hearing on the proposed annexation is scheduled for Thursday, May 8, 2008 at 7:00 p.m., as described in the enclosed Resolution Nos. 08-34 and 08-35. Also enclosed are copies of the Petitions for Annexation as filed,the notices published in the Farmer and Miner and Daily Times-Call on April 2, 2008 and a vicinity map of the Annexations. TOWN OF FIRESTONE, COLORADO Judy Hegwood, Town Clerk 151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520 (303) 833-3291 • fax (303) 833-4863 RESOLUTION NO. O S '3t/ A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO,KNOWN AS THE UNION ANNEXATION NO. 1 TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Union Annexation No. 1 has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning,if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under C.R.S. § 31-12-107(2). Section 3. No additional terms and conditions are to be imposed except any provided for in the petition or annexation agreement. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §§31-12-104 and 31-12-105,and may hold a public hearing to determine the appropriate zoning of the subject property,if requested in the petition,at the Firestone Town Hall, 151 Grant Avenue,Firestone,Colorado 80520,on Thursday, May 8,2008 at 7:00 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution,its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met,and further,may determine the appropriate zoning of the subject property if requested in the petition. 1 Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado,the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone,and may pass one or more ordinances zoning the subject property if requested in the petition. Jh INTRODUCED, READ, and ADOPTED this)7 day of , 2008. r . n a Michael P. Simone I Mayor �(4 ATTEST:/n tip"`4 Ca." y yHe ood C Town Clerk 2 EXHIBIT A LEGAL DESCRIPTION UNION ANNEXATION NUMBER 1 LEGAT DESCRIPTION: A TRACT OF LAND SITUATED IN SECTION 3, 4, 5, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE-QUARTER CORNER OF SECTION 3 WHENCE THE NORTHWEST CORNER OF SECTION 3 BEARS NORTH 00°24'09" EAST 2597.39 FEET, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE ALONG SAID LINE NORTH 00°24'09" EAST 2567.39 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 89°30'23" WEST 5289.52 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 5; THENCE ALONG SAID EAST LINE SOUTH O1°05'27" WEST 2583.53 FEET TO THE EAST ONE-QUARTER CORNER OF SECTION 5; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 5 NORTH 89'08'40" 2649.34 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD 3 1/2; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 00°43'36" EAST 1316.94 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF THE GREAT WESTERN RAILWAY; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING TWO COURSES; 1) THENCE NORTH 71°35' 57" EAST 1732.54 FEET; 2) THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 1476.11 FEET, A CENTRAL ANGLE OF 44°53'32", CHORD OF SAID ARC BEARS NORTH 49'09' 11" EAST 1128.73 FEET) A DISTANCE OF 1158.12 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING THREE COURSES; 1) THENCE NORTH 89°31' 00" EAST 184.14 FEET; 2) THENCE NORTH 69'30' 23" EAST 5289.31 FEET; 3) THENCE SOUTH 89°36'14" EAST 30.24 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE SOUTH 00'24'09" WEST 2626.99 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST ONE- QUARTER OF SECTION 3; THENCE ALONG SAID SOUTH LINE SOUTH 89'38' 22" WEST 30.00 FEET TO THE WEST ONE-QUARTER CORNER OF SECTION 3 AND THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 121. 95 ACRES MORE OR LESS. 3 ri c c :-/ RESOLUTION NO. 0 g -35. A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO,KNOWN AS THE UNION ANNEXATION NO.2 TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Union Annexation No. 2 has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition,the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under C.R.S. § 31-12-107(2). Section 3. No additional terms and conditions are to be imposed except any provided for in the petition or annexation agreement. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §§31-12-104 and 31-12-105,and may hold a public hearing to determine the appropriate zoning of the subject property,if requested in the petition,at the Firestone Town Hall, 151 Grant Avenue,Firestone, Colorado 80520,on Thursday, May 8,2008 at 7:00 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution,its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met,and further,may determine the appropriate zoning of the subject property if requested in the petition. 1 Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado,the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and may pass one or more ordinances zoning the subject property if requested in the petition_ INTRODUCED, READ, and ADOPTED this a7 day of "1"11 , 2008. re q o �3eTh 4 l J N 8 1. • pA l Michael Simone Mayor e o ATTEST;/ tr • J Hegwd own Clerk 2 EXHIBIT A LEGAL DESCRIPTION UNION ANNEXATION NUMBER 2 LEGA7 DESCRIPTION: A TRACT OF LAND SITUATED IN SECTION 5, TOWNSHIP 2 NORTH, RANGE 68 WEST AND THE SOUTH HALF OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 68 WEST CF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 5 WHENCE THE NORTHEAST CORNER OF SECTION 5 BEARS NORTH 89°31'00" EAST 2696.54 FEET, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE NORTH 00°10'27" EAST 30. 00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26 AND THE POINT OF BEGINNING. THENCE ALONG SAID RIGHT OF WAY LINE NORTH 89°31' 00" EAST 2512.14 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 1478.11 FEET, A CENTRAL ANGLE OF 02° 38'49", CHORD OF SAID ARC BEARS SOUTH 28°01'50" WEST 68.28 FEET) A DISTANCE OF 68.29 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 89'31'00" WEST 93.11 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE GREAT WESTERN RAILWAY; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING TWO COURSES; 1) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS 1398. 11 FEET, A CENTRAL ANGLE OF 40`20'46", CHORD OF SAID ARC BEARS SOUTH 51°25' 34" WEST 964.30 FEET) A DISTANCE OF 984.51 FEET; 2) THENCE SOUTH 71°35' 57" WEST 1704 .79 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD 3 '1; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 00°43' 36" WEST 1401. 61 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 5; THENCE ALONG SAID SOUTH LINE SOUTH 89°08' 40" EAST 1792.17 FEET; THENCE LEAVING SAID SOUTH LINE SOUTH 00°43' 11" WEST 2401.23 FEET TO A POINT ON THE NOTH RIGHT OF WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING SIX COURSES; 1) THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 5830.00 FEET, A CENTRAL ANGLE OF 09°44' 11", CHORD OF SAID ARC BEARS NORTH 87 °33' 46" WEST 989.52 FEET) A DISTANCE OF 990.71 FEET; 2) THENCE SOUTH 83'36' 40" WEST 194.00 FEET; 3) THENCE SOUTH 85°10'40" WEST 190. 60 FEET; 4) THENCE SOUTH 87°34'40" WEST 359.60 FEET; 5) THENCE NORTH 70°23'20" WEST 65.87 FEET; 6) THENCE NORTH 89'16' 05" WEST 80.01 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD 3 ;1; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 00°43'55" EAST 2416.79 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 5; THENCE ALONG SAID SOUTH LINE SOUTH 89°04'01" EAST 20.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD 3 '-�; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 00'43' 36" EAST 1380.68 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE GREAT WESTERN RAILWAY; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING FOUR COURSES; 1) THENCE SOUTH 71°34'28" WEST 514.79 FEET; 2) THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 2904.00 FEET, A CENTRAL ANGLE OF 08°20' 09", CHORD OF SAID ARC BEARS SOUTH 67°24'52" WEST 422. 13 FEET) A DISTANCE OF 422.50 FEET; 3) THENCE SOUTH 63°14' 52" WEST 1843. 45 FEET; 4) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 1310.00 FEET, A CENTRAL ANGLE OF 05°19'20", CHORD OF SAID ARC BEARS SOUTH 65°54'32" WEST 121.64 FEET) A DISTANCE OF 121. 69 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 5; THENCE ALONG SAID WEST LINE 3 NORTH 01'04'47" EAST 831.73 FEET; THENCE LEAVING SAID WEST LINE NORTH 68'57' 51" EAST 1252.56 FEET; THENCE NORTH 27°20' 44" EAST 1190.29 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 89°41'22" WEST 711.50 FEET; THENCE NORTH 36°31' 56" EAST 37. 49 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST ONE- QUARTER OF SECTION 5; THENCE ALONG SAID NORTH LINE NORTH 89'41'22" EAST 15.43 FEET; THENCE NORTH 49°51' 56" EAST 46.84 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 89'41'22" EAST 1586. 69 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 5 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 3 1/2 WHENCE THE NORTH ONE-QUARTER CORNER OF SECTION 5 BEARS NORTH 45°12'29" EAST 42.82 FEET; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 00'43'36" WEST 103. 92 FEET; THENCE SOUTH 52'23' 30" WEST 141. 94 FEET; THENCE SOUTH 71°27'35" WEST 93. 45 FEET; THENCE SOUTH 79'06' 16" WEST 173.06 FEET; THENCE NORTH 88°41'43" WEST 134.80 FEET; THENCE NORTH 63'35'24" WEST 111.77 FEET; THENCE NORTH 38'40'00" WEST 57.32 FEET; THENCE NORTH 06'35'40" WEST 42.71 FEET; THENCE NORTH 16°04 ' 00" EAST 114.11 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID SOUTHERLY RIGHT- OF-WAY LINE NORTH 89'41'22" EAST 616.32 FEET TO THE POINT OF BEGINNING. THE GROSS AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 211.182 ACRES MORE OR LESS. THE GROSS AREA OF THE ABOVE DESCRIBED EXCEPTION IS 3.113 ACRES MORE OR LESS. THE NET AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 208.069 ACRES MORE OR LESS. 4 PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO The undersigned ("Petitioner"), in accordance with the Municipal Annexation Act of 1965 as set forth in Article 12, Title 31, Colorado Revised Statutes, as amended and as in effect on the submission date set forth below ("Annexation Act"), hereby petitions ("Petition") the Board of Trustees of the Town of Firestone, Colorado ("Board of Trustees"), to annex to the Town of Firestone, a statutory municipality ("Town") located in the County of Weld, State of Colorado, the unincorporated territory located in the County of Weld, State of Colorado, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference ("Property"). In support of this Petition, Petitioner alleges that: 1. It is desirable and necessary that the Property be annexed to the Town. 2. The requirements of Sections -104 and —105 of the Annexation Act exist or have been met. 3. Not less than one-sixth (1/6) of the perimeter of the Property is contiguous with the Town's current municipal boundaries. 4. A community of interest exists between the Property and the Town. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated with or is capable of being integrated with the Town. 7. Petitioner comprises more than fifty percent (50%) of the landowners in the Property owning more than fifty percent (50%) of the Property, excluding public streets, and alleys and any land owned by the annexing municipality, and the Petitioner hereby consents to the establishment of the boundaries of the Property as shown on the annexation plat submitted herewith. 8. Petitioner comprises the owner of one hundred percent (100%) of the Property within the meaning of Section -107(1)(g) of the Annexation Act. 9. The Property is not presently a part of any incorporated city, city and county, or town; nor have any proceedings been commenced for incorporation or annexation of an area that is part or all of the Property; nor has any election for annexation of the Property or substantially the same territory to the Town been held within the twelve (12)months immediately preceding the filing of this Petition. 10. The proposed annexation will not result in detachment of area from any school district or attachment of same to another school district. 11. Except to the extent necessary to avoid dividing parcels within the Property held in identical ownership, at least fifty percent (50%) of which are within the three (3) mile limit, the proposed annexation will not extend the municipal boundary of the Town more than three 822124.1 (3)miles in any direction from any point of the municipal boundary, as such boundary existed one (1) year prior to the submission date of this Petition. 12. The proposed annexation will not result in the denial of reasonable access to any landowner, owner of an easement, or owner of a franchise adjoining a platted street or alley which has been annexed by the Town but is not bounded on both sides by the Town. 13. In establishing the boundaries of the Property, no land which is held in identical ownership, whether consisting of a single tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: (a) is being divided into separate parts or parcels without the written consent of the landowner or landowners thereof unless such tracts or parcels are separated by a dedicated street,road or other public way; or (b) comprising twenty (20) acres or more and together with buildings and improvements situate thereon having a valuation for assessment in excess of$200,000.00 for ad valorem tax purposes for the year next preceding the proposed annexation, is included in the Property without the written consent of the landowner or landowners. 14. If a portion of a platted street or alley is to be annexed, the entire width thereof is included within the Property. 15. The legal description of the land owned by the Petitioner is set forth underneath on Exhibit B, attached hereto and incorporated herein by this reference. As more particularly described on Exhibit B, the land owned by Petitioner constitutes one hundred percent (100%) of the Property within the meaning of Section -107(1)(g) of the Annexation Act. 16. The affidavit of the circulator of this Petition certifying that each signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit C and is incorporated herein by this reference. 17. This Petition is accompanied by four prints of an annexation map containing, among other things, the following information: (a) A written legal description of the boundaries of the Property; (b) A map showing the boundary of the Property; (c) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; and (d) Next to the boundary of the Property, (i) a drawing of the contiguous boundary of the annexing municipality abutting the Property; (ii) the contiguous boundary of any other municipality abutting the Property; and (iii) the length of the such contiguous boundaries. 87217+.1 2 18. In connection with the processing of this Petition, the Petitioner requests that the Town: (a) Institute zoning and subdivision approval processes for the Property in accordance with Section -115 of the Annexation Act and relevant provisions of the Municipal Code of the Town (the"Code"); and (b) Approve and execute an annexation agreement ("Annexation Agreement"), in a form reasonably satisfactory to Petitioner and Board of Trustees. 19. Petitioner has filed this Petition subject to the following conditions: (a) Concurrently with its approval of annexation of the Property, Board of Trustees: (i) approves zoning and subdivision for the Property which is substantially consistent with the applications for zoning and subdivision that Petitioner will submit in connection with this Petition; and (ii) approves and authorizes execution of the Annexation Agreement. Condition (a)(i) shall be deemed satisfied and of no further effect forty-five (45)days after the later to occur of(x)the date of publication of the final ordinance adopted by the Board of Trustees approving such initial zoning; or (y) the date of publication of the final ordinance or other measure adopted by the Board of Trustees approving such subdivision. Condition (a)(ii) shall be deemed satisfied and of no further effect upon the mutual execution of the Annexation Agreement. (b) Petitioner reserves the sole, exclusive and unilateral right to withdraw this Petition by so notifying the Town Clerk in writing at any point prior to forty-five (45) days after the latest date of publication to occur of the final ordinance(s) or other measure(s) adopted by the Board of Trustees approving annexation of the Property, the Annexation Agreement, zoning of the Property as requested pursuant to this Petition or subdivision of the Property as requested pursuant to this Petition. (c) Prior to expiration of the period described in the foregoing subparagraph (b) without Petitioner having withdrawn the Petition, neither Petitioner nor the Town shall cause or permit the occurrence of the conditions to effectiveness of the annexation as set forth in Section-113(2)(b) of the Annexation Act, it being Petitioner's intent that the annexation shall not become legally effective unless and until each of the ordinances and resolutions referenced in the foregoing subparagraph(b)have become effective after publication following final approval as provided by law and recordation of those instruments required pursuant to Section-113(2)(b) of the Annexation Act has occurred. 20. Upon the annexation of the Property becoming effective, the Property shall become subject to all ordinances, resolutions, rules and regulations of the Town, except as otherwise set forth in the Annexation Agreement, and except for general property taxes of the Town,which shall become effective on January 1 of the next succeeding year following adoption of the annexation ordinance. 21. Except for the terms and conditions of this Petition and the Annexation Agreement, which terms and conditions Petitioner expressly approves and therefore do not 82 3 constitute an imposition of additional terms and conditions within the meaning of Section - [07(1)(g) of the Annexation Act, Petitioner requests that no additional terms and conditions be imposed upon annexation of the Property to the Town. THEREFORE, Petitioner requests that the Board of Trustees of the Town complete and approve the annexation of the Property pursuant to the provisions of the Municipal Annexation Act of 1965, as amended. Respectfully submitted this �5 day of IrC(A l L l 2007. Si nature of Landowner/Petitioner: LifeBridge Christian Church, a Colorado Nonprofit Corporation B � Name: Leroy ey Title: Trustee Date of Signature: 3/25/2008 Address: LifeBridge Christian Church 10345 Ute Highway Longmont, CO 80504 Resident of Property? No. MIN I 4 UNION ANNEXATION NUMBER 1 EXHIBIT A TO PETITION FOR ANNEXATION Legal Description of Property LEGAL DESCRIPTION: A TRACT OF LAND SITUATED IN SECTION 3,4,5, TOWNSHIP 2 NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE-QUARTER CORNER OF SECTION 3 WHENCE THE NORTHWEST CORNER OF SECTION 3 BEARS NORTH 00°24'09"EAST 2597.39 FEET, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE ALONG SAID LINE NORTH 00°24'09"EAST 2567.39 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 89'30'23"WEST 5289.52 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 5; THENCE ALONG SAID EAST LINE SOUTH O1°05'27" WEST 2583.53 FEET TO THE EAST ONE-QUARTER CORNER OF SECTION 5; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 5 NORTH 89°08'40"2649.34 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD 3 1/2; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 00°43'36"EAST 1316.94 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF THE GREAT WESTERN RAILWAY; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING TWO COURSES; 1)THENCE NORTH 71°35'57"EAST 1732.54 FEET; 2)THENCE ALONG THE ARC OF A CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 1478.11 FEET,A CENTRAL ANGLE OF 44°53'32",CHORD OF SAID ARC BEARS NORTH 49°09'11"EAST 1128.73 FEET)A DISTANCE OF 1158.12 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING THREE COURSES; 1) THENCE NORTH 89°31'00"EAST 184.14 FEET; 2)THENCE NORTH 89°30'23"EAST 5289.31 FEET; 3) THENCE SOUTH 89°36'14" EAST 30.24 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE SOUTH 00°24'09"WEST 2626.99 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 3; THENCE ALONG SAID SOUTH LINE SOUTH 89'38'22"WEST 30.00 FEET TO THE WEST ONE-QUARTER CORNER OF SECTION 3 AND THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 121.95 ACRES MORE OR LESS. 822124.1 A-1 UNION ANNEXATION NUMBER I EXHIBIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Petitioner Name of Landowner/Petitioner: 4C CORPORATION LEGAL DESCRIPTION: A TRACT OF LAND SITUATED IN SECTION 5, TOWNSHIP 2 NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SECTION 5 WHENCE THE NORTH ONE-QUARTER CORNER OF SECTION 5 BEARS SOUTH 89°31'00"WEST 2696.54 FEET,SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 5 SOUTH 01°05'27"WEST 2613.54 FEET TO THE EAST ONE-QUARTER CORNER OF SECTION 5; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 5 NORTH 89'08'40"WEST 2649.34 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD 3 ''A; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 00°43'36"EAST 1316.94 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF THE GREAT WESTERN RAILWAY; THENCE ALONG SAID RIGHT OF WAY THE FOLLOWING TWO COURSES; 1)THENCE NORTH 71'35'57"EAST 1732.54 FEET; 2)THENCE ALONG THE ARC OF A CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 1478.11 FEET,A CENTRAL ANGLE OF 43°34'37", CHORD OF SAID ARC BEARS NORTH 49°48'39"EAST 1097.29 FEET)A DISTANCE OF 1124.19 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 5; THENCE ALONG SAID NORTH LINE NORTH 89°31'00" EAST 199.91 FEET TO THE NORTHEAST CORNER OF SECTION 5 AND THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 112.722 ACRES MORE OR LESS. 822124.1 B-1 EXHIBIT C TO PETITION FOR ANNEXATION Affidavit of Circulator The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That (s)he was the circulator of the foregoing Petition for Annexation of lands to the Town of Firestone, Colorado, consisting oft pages, including the page(s) of this Exhibit C, and that the signature of the Petitioner thereon was witnessed by the circulator and is the true and original signature of the person whose name s(he) purports to be, and that the date of such signature is correct. C 7L C/7 Circulator SKATE OF La7 6,La ) ) ss. 01.COUNTY OF 't ti L ) •F Eon egoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me ay of rAGL,rc , 20cs by j O fO r'r?vat.c.-- Witness my hand and official seal. My commission expires: 10 toadoGup_- Notary Public C- 822124 I PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO The undersigned ("Petitioner"), in accordance with the Municipal Annexation Act of 1965 as set forth in Article 12, Title 31, Colorado Revised Statutes, as amended and as in effect on the submission date set forth below ("Annexation Act"), hereby petitions ("Petition") the Board of Trustees of the Town of Firestone, Colorado ("Board of Trustees"), to annex to the Town of Firestone, a statutory municipality ("Town") located in the County of Weld, State of Colorado, the unincorporated territory located in the County of Weld, State of Colorado, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference("Property"). In support of this Petition,Petitioner alleges that: 1. It is desirable and necessary that the Property be annexed to the Town. 2. The requirements of Sections -104 and—105 of the Annexation Act exist or have been met. 3. Not less than one-sixth (1/6) of the perimeter of the Property is contiguous with the Town's current municipal boundaries. 4. A community of interest exists between the Property and the Town. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated with or is capable of being integrated with the Town. 7. Petitioner comprises more than fifty percent (50%) of the landowners in the Property owning more than fifty percent (50%) of the Property, excluding public streets, and alleys and any land owned by the annexing municipality, and the Petitioner hereby consents to the establishment of the boundaries of the Property as shown on the annexation plat submitted herewith. 8. Petitioner comprises the owner of one hundred percent (100%) of the Property within the meaning of Section -107(1)(g) of the Annexation Act. 9. The Property is not presently a part of any incorporated city, city and county, or town; nor have any proceedings been commenced for incorporation or annexation of an area that is part or all of the Property; nor has any election for annexation of the Property or substantially the same territory to the Town been held within the twelve (12) months immediately preceding the filing of this Petition. 10. The proposed annexation will not result in detachment of area from any school district or attachment of same to another school district. 11. Except to the extent necessary to avoid dividing parcels within the Property held in identical ownership, at least fifty percent (50%) of which are within the three (3)mile limit, the proposed annexation will not extend the municipal boundary of the Town more than three Snt24.1 (3)miles in any direction from any point of the municipal boundary, as such boundary existed one (1) year prior to the submission date of this Petition. 12. The proposed annexation will not result in the denial of reasonable access to any landowner, owner of an easement, or owner of a franchise adjoining a platted street or alley which has been annexed by the Town but is not bounded on both sides by the Town. 13. In establishing the boundaries of the Property, no land which is held in identical ownership, whether consisting of a single tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: (a) is being divided into separate parts or parcels without the written consent of the landowner or landowners thereof unless such tracts or parcels are separated by a dedicated street, road or other public way; or (b) comprising twenty (20) acres or more and together with buildings and improvements situate thereon having a valuation for assessment in excess of$200,000.00 for ad valorem tax purposes for the year next preceding the proposed annexation, is included in the Property without the written consent of the landowner or landowners. 14. If a portion of a platted street or alley is to be annexed, the entire width thereof is included within the Property. 15. The legal description of the land owned by the Petitioner is set forth underneath on Exhibit B, attached hereto and incorporated herein by this reference. As more particularly described on Exhibit B, the land owned by Petitioner constitutes one hundred percent (100%) of the Property within the meaning of Section -107(1)(g) of the Annexation Act. 16. The affidavit of the circulator of this Petition certifying that each signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit C and is incorporated herein by this reference. 17. This Petition is accompanied by four prints of an annexation map containing, among other things,the following information; (a) A written legal description of the boundaries of the Property; (b) A map showing the boundary of the Property; (c) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; and (d) Next to the boundary of the Property, (i) a drawing of the contiguous boundary of the annexing municipality abutting the Property; (ii) the contiguous boundary of any other municipality abutting the Property; and (iii) the length of the such contiguous boundaries. 622124 I 2 18. In connection with the processing of this Petition, the Petitioner requests that the Town: (a) Institute zoning and subdivision approval processes for the Property in accordance with Section -115 of the Annexation Act and relevant provisions of the Municipal Code of the Town(the"Code"); and (b) Approve and execute an annexation agreement ("Annexation Agreement"), in a form reasonably satisfactory to Petitioner and Board of Trustees. 19. Petitioner has filed this Petition subject to the following conditions: (a) Concurrently with its approval of annexation of the Property, Board of Trustees: (i) approves zoning and subdivision for the Property which is substantially consistent with the applications for zoning and subdivision that Petitioner will submit in connection with this Petition; and (ii) approves and authorizes execution of the Annexation Agreement. Condition (a)(i) shall be deemed satisfied and of no further effect forty-five(45) days after the later to occur of(x)the date of publication of the final ordinance adopted by the Board of Trustees approving such initial zoning; or (y) the date of publication of the final ordinance or other measure adopted by the Board of Trustees approving such subdivision. Condition (a)(ii) shall be deemed satisfied and of no further effect upon the mutual execution of the Annexation Agreement. (b) Petitioner reserves the sole, exclusive and unilateral right to withdraw this Petition by so notifying the Town Clerk in writing at any point prior to forty-five (45) days after the latest date of publication to occur of the final ordinance(s) or other measure(s) adopted by the Board of Trustees approving annexation of the Property, the Annexation Agreement, zoning of the Property as requested pursuant to this Petition or subdivision of the Property as requested pursuant to this Petition. (c) Prior to expiration of the period described in the foregoing subparagraph (b) without Petitioner having withdrawn the Petition, neither Petitioner nor the Town shall cause or permit the occurrence of the conditions to effectiveness of the annexation as set forth in Section -113(2)(b) of the Annexation Act, it being Petitioner's intent that the annexation shall not become legally effective unless and until each of the ordinances and resolutions referenced in the foregoing subparagraph (b)have become effective after publication following final approval as provided by law and recordation of those instruments required pursuant to Section -113(2)(b) of the Annexation Act has occurred. 20. Upon the annexation of the Property becoming effective, the Property shall become subject to all ordinances, resolutions, rules and regulations of the Town, except as otherwise set forth in the Annexation Agreement, and except for general property taxes of the Town, which shall become effective on January 1 of the next succeeding year following adoption of the annexation ordinance. 21. Except for the terms and conditions of this Petition and the Annexation Agreement, which terms and conditions Petitioner expressly approves and therefore do not S27114 I 3 constitute an imposition of additional terms and conditions within the meaning of Section - 107(I)(g) of the Annexation Act, Petitioner requests that no additional terms and conditions be imposed upon annexation of the Property to the Town. THEREFORE, Petitioner requests that the Board of Trustees of the Town complete and approve the annexation of tho Property pursuant to the provisions of the Municipal Annexation Act of 1965, as amended. Respectfully submitted this T-) day of i1 C i "1' , 200C. Signature of Landowner/Petitioner: LifeBridge Christian Church, a Colorado Nonprofit Corporation B Name: Ler Casey Title: Trustee Date of Signature: 3/25/2008 Address: LifeBridge Christian Church 10345 Ute Highway Longmont, CO 80504 Resident of Property? No. 6 9 21 J 1 4 UNION ANNEXATION NUMBER 2 EXHIBIT A TO PETITION FOR ANNEXATION Legal Description of Property LEGAL DESCRIPTION: A TRACT OF LAND SITUATED IN SECTION 5, TOWNSHIP 2 NORTH,RANGE 68 WEST AND THE SOUTH HALF OF SECTION 32,TOWNSHIP 3 NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 5 WHENCE THE NORTHEAST CORNER OF SECTION 5 BEARS NORTH 89°31'00"EAST 2696.54 FEET, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE NORTH 00'10'27"EAST 30.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26 AND THE POINT OF BEGINNING. THENCE ALONG SAID RIGHT OF WAY LINE NORTH 89'31'00"EAST 2512.14 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 1478.11 FEET,A CENTRAL ANGLE OF 02°38'49",CHORD OF SAID ARC BEARS SOUTH 28°01'50"WEST 68.28 FEET)A DISTANCE OF 68.29 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 89°31'00" WEST 93.11 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE GREAT WESTERN RAILWAY; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING TWO COURSES; 1) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS 1398.11 FEET,A CENTRAL ANGLE OF 40°20'46",CHORD OF SAID ARC BEARS SOUTH 51°25'34"WEST 964.30 FEET)A DISTANCE OF 984.51 FEET; 2)THENCE SOUTH 71°35'57"WEST 1704.79 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD 3 ''A; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 00°43'36"WEST 1401.61 FFFT To A POINT ON THE SOUTH LINE QF THE NORTHEAST ONE-QUARTER OF SECTION 5; THENCE ALONG SAID SOUTH LINE SOUTH 89°08'40" EAST 1792.17 FEET; THENCE LEAVING SAID SOUTH LINE SOUTH 00°43'11" WEST 2401.23 FEET TO A POINT ON THE NOTH RIGHT OF WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING SIX COURSES; 1)THENCE ALONG THE ARC OF A CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 5830.00 FEET,A CENTRAL ANGLE OF 09°44'11",CHORD OF SAID ARC BEARS NORTH 87°33'46"WEST 989.52 FEET)A DISTANCE OF 990.71 FEET; 2)THENCE SOUTH 83°36'40"WEST 194.00 FEET; 3)THENCE SOUTH 85°10'40"WEST 190.60 FEET; 4)THENCE SOUTH 87'34'40"WEST 359.60 FEET; 5)THENCE NORTH 7023'20"WEST 65.87 FEET; 6)THENCE NORTH 89°16'05"WEST 80.01 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD 3 'A; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 00°43'55"EAST 2416.79 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 5; THENCE ALONG SAID SOUTH LINE SOUTH 89°04'01"EAST 20.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD 3 ''A; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 00°43'36"EAST 1380.68 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE GREAT WESTERN RAILWAY; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING FOUR COURSES; 1)THENCE SOUTH 71°34'28"WEST 514.79 FEET; 2)THENCE ALONG THE ARC OF A CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 2904.00 FEET,A CENTRAL ANGLE OF 0820'09", CHORD OF SAID ARC BEARS SOUTH 67°24'52"WEST 422.13 FEET)A DISTANCE OF 422.50 FEET; 3)THENCE SOUTH 63°14'52"WEST 1843.45 FEET; 4)THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 1310.00 FEET,A CENTRAL ANGLE OF 05°19'20", CHORD OF SAID ARC BEARS SOUTH 65°54'32"WEST 121.64 FEET)A DISTANCE OF 121-69 FEET TO A 827124.i A-1 POINT ON THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 5; THENCE ALONG SAID WEST LINE NORTH 01°04'47"EAST 831.73 FEET; THENCE LEAVING SAID WEST LINE NORTH 68°57'51"EAST 1252.56 FEET; THENCE NORTH 27°20'44"EAST 1190.29 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 89°41'22" WEST 711.50 FEET; THENCE NORTH 36°31'56"EAST 37.49 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 5; THENCE ALONG SAID NORTH LINE NORTH 89°41'22"EAST 15.43 FEET; THENCE NORTH 49°51'56" EAST 46.84 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 89°41'22"EAST 1586.69 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 5 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 3 1/2 WHENCE THE NORTH ONE-QUARTER CORNER OF SECTION 5 BEARS NORTH 45°12'29" EAST 42.82 FEET; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 00°43'36" WEST 103.92 FEET; THENCE SOUTH 52°23'30" WEST 141.94 FEET; THENCE SOUTH 71°27'35"WEST 93.45 FEET; THENCE SOUTH 79°06'16" WEST 173.06 FEET; THENCE NORTH 88°41'43"WEST 134.80 FEET; THENCE NORTH 63°35'24"WEST 111.77 FEET; THENCE NORTH 38°40'00"WEST 57.32 FEET; THENCE NORTH 06°35'40" WEST 42.71 FEET; THENCE NORTH 16°04'00"EAST 114.11 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID SOUTHERLY RIGHT-OF- WAY LINE NORTH 89°41'22"EAST 616.32 FEET TO THE POINT OF BEGINNING. THE GROSS AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 211.182 ACRES MORE OR LESS. THE GROSS AREA OF THE ABOVE DESCRIBED EXCEPTION IS 3.113 ACRES MORE OR LESS. THE NET AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 208.069 ACRES MORE OR LESS. 81124.1 .A-2 UNION • ANNEXATION NUMBER 2 EXHIBIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Petitioner Name of Landowner/Petitioner: LifeBridge Christian Church LEGAL DESCRIPTION: A TRACT OF LAND SITUATED IN SECTION 5, TOWNSHIP 2 NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SECTION 5 WHENCE THE NORTHEAST CORNER OF SECTION 5 BEARS NORTH 89°31'00"EAST 2696.54 FEET, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 5 NORTH 89°31'00"EAST 2404.82 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE GREAT WESTERN RAILWAY; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING TWO COURSES; 1)THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 1398.11 FEET,A CENTRAL ANGLE OF 41°4651",CHORD OF SAID ARC BEARS SOUTH 50°42'31"WEST 997.08 FEET)A DISTANCE OF 1019.52 FEET; 2)THENCE SOUTH 71°35'57"WEST 1704.79 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD 3 1/2; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 00°43'36"WEST 1401.61 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 5; THENCE ALONG SAID SOUTH LINE SOUTH 89°08'40"EAST 1792.17 FEET; THENCE SOUTH 00°43'11" WEST 2401.24 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING SIX COURSES; 1)THENCE ALONG THE ARC OF A CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 5830.00 FEET,A CENTRAL ANGLE OF 09°44'11",CHORD OF SAID ARC BEARS NORTH 87°33'44"WEST 989.52 FEET)A DISTANCE OF 990.71 FEET; 2)THENCE SOUTH 83°36'40"WEST 194.00 FEET; 3)THENCE SOUTH 85°10'40"WEST 190.60 FEET; 4)THENCE SOUTH 87°34'40"WEST 359.60 FEET; 5)THENCE NORTH 70°23'23" WEST 65.87 FEET; 6)THENCE NORTH 89°16'05"WEST 30.00 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 5; THENCE ALONG SAID WEST LINE NORTH 00°43'55" EAST 2416.68 FEET TO THE CENTER ONE-QUARTER OF SECTION 5; THENCE ALONG THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 5 NORTH 00°43'36"EAST 1391.14 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE GREAT WESTERN RAILWAY; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING FOUR COURSES; 1)THENCE SOUTH 71°34'28" WEST 546.55 FEET; 2)THENCE ALONG THE ARC OF A CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 2904.00 FEET,A CENTRAL ANGLE OF 08°20'09",CHORD OF SAID ARC BEARS SOUTH 67°24'52"WEST 422.13 FEET)A DISTANCE OF 422.50 FEET; 3)THENCE SOUTH 63°14'52"WEST 1843.45 FEET; 4)THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 1310.00 FEET,A CENTRAL ANGLE OF 05°19'20", CHORD OF SAID ARC BEARS SOUTH 65°54'32" WEST 121.64 FEET)A DISTANCE OF 121.69 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 5; THENCE ALONG SAID WEST LINE NORTH 01°04'47" EAST 831.73 FEET; THENCE NORTH 68°57'51"EAST 1252.56 FEET; THENCE NORTH 27°20'44"EAST 1224.16 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 5; THENCE ALONG SAID NORTH LINE NORTH 89°4I'22"EAST 295.05 FEET; THENCE SOUTH 16°04'00" WEST 145.38 FEET; THENCE SOUTH 06°35'40"EAST 42.71 FEET; THENCE SOUTH 38°40'00"EAST 57.32 FEET; THENCE SOUTH 63°35'24"EAST 111.77 FEET; THENCE SOUTH 88°41'43"EAST 134.80 FEET; THENCE NORTH 79°06'16"EAST 173.06 FEET; THENCE NORTH 71°27'35" EAST 93.45 FEET; THENCE NORTH 52°23'30"EAST 180.19 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST 822124.1 B-1 ONE-QUARTER OF SECTION 5; THENCE ALONG SAID EAST LINE NORTH 00°43'36"EAST 110.75 FEET TO THE NORTH ONE-QUARTER CORNER OF SECTION 5 AND THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF THE NORTHEAST ONE-QUARTER OF SECTION 5 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 5 WHENCE THE NORTHEAST CORNER OF SECTION 5 BEARS NORTH 89°31'00"EAST 2696.54 FEET; THENCE ALONG THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 5 SOUTH 00M3'36"WEST 1159.38 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE GREAT WESTERN RAILWAY AND THE POINT OF BEGINNING; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 71°35'57"EAST 31.75 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD 3 '/; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 00°43'36"WEST TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF THE GREAT WESTERN RAILWAY; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 71-35'57"WEST 31.75 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST ONE- QUARTER OF SECTION 5 NORTH 00°43'36"EAST 84.68 FEET TO THE POINT OF BEGINNING. THE GROSS AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 200.453 ACRES MORE OR LESS. THE GROSS AREA OF THE ABOVE DESCRIBED EXCEPTION IS 0.058 ACRES MORE OR LESS. THE NET AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 200.395 ACRES MORE OR LESS. 822124.1 B-2 EXHIBIT C TO PETITION FOR ANNEXATION Affidavit of Circulator The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That (s)he was the circulator of the foregoing Petition for Annexation of lands to the Town of Firestone, Colorado, consisting of c1 pages, including the page(s) of this Exhibit C, and that the signature of the Petitioner thereon was witnessed by the circulator and is the true and original signature of the person whose name s(he) purports to be, and that the date of such signature is correct. LLc PgAR��\ \ Circulator f thin i OF' 1rzLet( ) S � ) ss. OUNTY OF t'�;e .Lr ) A..4, • ,%,opt, vier,-oing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me this'C..:...-;-y of [PAPA- , 20005 by I CUVL tiara u.t Witness my hand and official seal. My commission expires: rte, l l Notary Public C-1 822124 I . Wmaaw;MII T,3009 22 CANON VALLEY FAMES BMWER -. • LEGAL•.‘T OTICES- LEGALS ▪maunon request we as teen proposed annexation la proper SUBSTANTIAL COMPLIANCE ANNEXATION NUMBER2 from page 22. w owEMldl A of Ranolutl under the the YIb d on p taws of FOP AN ANNEXATION - Noe 0834 end 0635. Colorado.the BARN of Towle. PETITION FILED WITH T11E THE NORTHERLY RIGHT OF I • may pen adnxc.s TOWN • OF FIRESTONE, • WAY LINE OF THE GREAT Copieslot mlklen1Nl + NN M+uttert popM9 m' COLOPACO, (MOWN AS THE LEGALOESCRPTpN WESTERN.RAILWAY, THENCEI evolutions finding that is M Town at Fbwmne,end thus UNIONANNEXATION NO 3 TO ALONG SAID RIGHT OF WAY N taniti wen paeans pw a M ordinance, THE TOWN OF FIRESTONE, • A TRACT OF LAND SITUATED O UNE THE FOLLOWING FOUR. dud.Irvea o 'Stets d :squealed in the pamm The MAKI the"NbIect i' M AND THEREON. - - SECRONORMNWVN:E BB WEST ANI, TOWNSHIP COURSES 111 479 SOUTH Colorado,. MN comprehensive - THE SOUTH HALF OF SECTIOI THENCE'ALONT TH ARC 0 2) A THENCE TO NG 1HEMCSAD zoning. subdivision end CEO Ray o - M sena:man n station for 22, TOWNSHIP EP 3 E Ell CURVE HA THE LEFT S OF Mvebpmsnt eppNUEdn mMxbd 005 tn.35' .yOTM-- roaM o w d as the ecpXy to RANGE W WEST OF THE OUNT CURVE NFEET A RADIUS OF ea on Ills fM evadable the µ1.k 3WB. Ap Moon Union PRIN'WEILER10ST EOUN0 ANON FEET A CthoR0- -CerN. In the Mlle of the Town Ai:remotion Na i bee bear fibtl OF WELD STATE 0 ANGLE' A OBTl00C CHORD Dark, 151 fiNM Avenue, RNnM Tam awe Ofp.Town of COLORADO_ BEING EDA pF f'5O-ARC SEAR3 EET) .FNedmn4 CO 80520. dump FI Me,Colorado,and referred' PAATICULNILY DESCRIBED A: reorder business howp. . m tM Burtl d iNnw dCM FOLLOWS 61TG 33''WFSi 122.13 fEEl1A Torn tar a determination d THENCE 1843.45 GF ' FEET:J Dated the 18th day of Mad-, MkIwl10 Scow bceble uxdPlm'p wIN COMMENCING AT THE NORTI W SBTLE '801RH' ET; X00 • Maya applicable how;ell • - . ONE-0UMTER CORNER O TEST TO THE FEET /)) F A SECTION 5 WHENCE M -CURVEEAL HEG RIGHT IUHE ARC OF- ,WHEREAS,the BONE d Trusts NORTHEAST CORNER 0 CURCURVE TO THE S Of TCWMOFFIRESTONE 4 wises b permit e- of cue SECTION 5 'BEARS NORT 1600 HAVING A CH OF (COLORADO ' mnREafalkn d ye dad: 'B9731'IN EAST 2693,51 PEER MOLE OF OL0'F¢T A CENTRAL pRD roperty tor plantation and. SAID LINE FORMING THE BIHI ar ARC10521620'.BR . SOUTH W He3MW Yafy HapxvM semi,Y mrloNM N Me ONION OF BEARING FOR. Tilt 15 33r Nu Bn.FcOUTN K OaM Twn Cat-. d. DESCRIPTION;:THENCE NORT ffiD&'S WE3T:1112t FFET8♦ , 03t10'N T'Eg5T MD3 FEETT DISTANCE OF INID F��{TG 'RESOLUTION NO.0884 WHEREAS,the Board of Twain, A POINT ON THE NORMWGH pPdHrONtlE WE5lF311E OF MOM?A has renewed the petitionlpetitionand. OF WAY LINE OF WEU — ' - A RESOLUTION- FINDING LEGAL DES OESCRIMON wakes If adopt by a omde W WM CN ROAD µ T 26 0 S , SUBSTANTIAL COMPLIANCE UNIONpe M rpmd b Relation:. ePOINT OF BEGINNING, - THE NORTHWEST ONE FOR AN ANNEXATION AMNEWRON HUMBER ryNy BER I QUARTER OF SECTION 5; TOWN ON. OLBI3 WITH THE NOW..THEREFORE BE IT THENCE ALONG SAD E RICH I 'THENCE ALONG MID WEST TOWN OF FIRESTONE RESOLVED BY THE BOAR OF OF WAY LINE NORTH 6913180 LINE NORTH THENCE L' EAST COLIXULO, NNOWN AS THE TRUSTEES Of THE TOWN OF EAST- 1512_14 FEET, 1HEKA 831.73 FEET:THENCE LEAVING, UNION O NEXATON NO 1 TO I REM-DFLWPWITO' FIRESTONE,COLORADO: LEANING SAID RIGHT OF WA' SAD WEST LINE NORTH TXE TOWN OF FlPE$TOLI - CURVE TO THE'ART CF 05T5Ts1•ENORTH ET' "MO SETTING -A PUBLIC ((TRACT OF LEND SITUATED IN d.so1Il.The pollen,toe Maus CURVE TO THE RIGHT, IN THFwt HEARING THEREON SECTION 3,/ 5 TOWNSHIP Y .mn which M A d CURVE HAVING A RADIUS 0 EAST 11.03&FEET RDA POINT i NORTH,RANGE N WEST OF hallo EMIM ,5 end 1418.11 FEET,'A CEHTRW ON THE SOUTH RIGHT OF WAY 1 WHEREAS, e- petition for THE SW PRINCIPAL MERIDIANreference, melon d'as' a US to COUNTY.OF WELD:STATE OF msrypbis her*c by Stets OF SAID CF ARC R,.CHOW RIGHT OF COUNTY ROAD b N wMmNY s°f to St with OF BEARS SNIT 35: THENCE ALONG Es. xaorn Ile..r the been COLORADO, BEING MORE• M.aadMeMe lm p M Shb of 23701.501 OF B 25 FEET TO, OF WAY.UNE SOUTHT:. I, Annexation telWe low 5k of boon Stall FOLLOPARTICULARLYDESCRIBED AS Colaad, POINT ON-T E-SO SOUTH RIO THENCE NOT 711.50 3180 FINMTbm CWkofM Tom of F0.LOW8 - OF WAY TUNE.OF WEN THENCE NORTH' A POINT T FbMnp of Tiara rManM No Medan - CO LONE�OF to the beBoarda dTnubrMM. -QUARTER THE WEST ta-Ear O.IL3.§311 Di101(D) COUNTY ROAD 3T THENCI 0p`ITf ES.TYTXLONEU THE Toe k( a gMmcs . d SEC CORNER OF . ' UNE SOUTH RIGHT OF WA' substantial dde!ca : ...SECTION T WHENCE THE NOe to bee'Eoai UNE FEET 89731'001OIT•OON TS EOF NO NORTHWEST THENCE ALONG a{plMds IOW and.. NOR ON 3T SCORNER OFTE "cat a be imposed 93.11 FERLY NAI HT F A' I 0974 NORTH' LINE NORTH SECTION 3 SEARS NFRTtl d Nry'.pwtlM tar Ni the NO ETHE RREAT E WA'RTM EANIRT EASTF RULE FEET WHEREAS,Retied el Trustees W]11W'EAST 126138 FEET, petition wNrnauUlm ryewnanl: LNE OF THE GREAT WE$TBgI THENCE NORTH 491515r rashes - wbM b permit tnu•Mnwru SAID.UNE FORMING 111E BASIS SAW OFTHENCE NRS EASTE.84 NORTH T RTHAFWAT aerty for ac Ma•wgnd OP DBESCRIPTION: FOR THIS 5aalon/ sid Baird of"mien FAO RIGHT CWWAY LINE TN ON O ELDRIGHT - poprty qu ties N1.' SAID UNION THENCE ALWG os O-r Waring b the FOLLOWING TWO THE MC OF 1 UNE TFW E COUNTY ROAD endN.B`Nu- MpINw5 SAID LINE NORTH OO POIT purpose aaM anon X the THENCE U THE MCEM e nd ON THES UHERG TO OFWAY proposed 4§01-1 1 compiles CURVE TOH THE-A (SW 89 THENCE 15GN0 SAID ON SWDNGMGFWAY WmCR3 4§01-18104 hold1 and -CURVE FEET.'(( R�U ! RIGHT OTHE OF WAY UNE NORTH WHEREAS the Board ak° and LINE TOF HENCE•fpIWG'ROAD 13105 s-M N1A1•Y! EAST 1390.8E MET- be reviewed the padbn and RIG T QF • ALONG SOIRN n g Widow*051.1 .139511 C.'A CE MM EXTHEPgMOFBF0010 THAT TOWN OLdRAO FIRESTONE, woos to adapt tbyo epal ,' RIGHT ' WAY 28942 FEET wring zoning-E- ME.ry 9e AIGIE' EST 584.3 Ctl(NU ! '.obbpab pdbM W. SBT50"OI WEST-l3BSA3 FEET appon,it lieFrontons wgNA OF SAID ARC BEARS SOUR PORTION THE NFRTHWEST - MICE OF PUBLIC HEARINGS • - : W TO A POINT ON THE EAST LINE, =Ion al W veld N M 51'/I5CE WEST.9B1.30 FEET). LOPTW OF NORTHWEST cite h deaM and M HOW 1HEREFOPE, BE R 'OF 1HE- NO- SECTION ONE. p1Xbn the FIMs Tin Twm. OISTMCE OF gBFEET 1T:i .._. ._ gymCon 151 Giod AOMue Thursday; THENCE.BOLETI ]1T85'A Pot d Malone ringma TRUSTEES BY TfEE OF QUARTER ON &SAID. •y Cdde2 60530 wL T.- -' 'WEST N -FEET TO OHEGUMO Eq OF TISECTIONR Y Mp Cuv. cartee ng at TRUSTEES ONE f. TOWNCOLORADO: OF INES ALONG SAID.FAST Ysy8,3008a1TOBFY. WAY NE.THE FAST NOUNt BEINGDESCRIBED PARTICULARLY AM RpW1 asded Np 1 FIRESTONELOLORA�' LINE'SOUTH DTO--TH WEST ROAD A LINE OF ELC touter OFSCNBEOM FOLLOWS: 03 at the WdMn* Noy I. ONE-QUARTER FEET TC-RNE EA OF �__5 .uch Panon may' 9 THENCE O . LWI IOB M M Raton*Town WA: dpeee.tltlooi�T The Pd,d.M leper ad •.SEE TON 5; CORNER PEN el NNW, ate' SOUTH RIGHT QF WAY1401.6 11 INTERSECTION AT N THE POINTTHE 1 Genf Sle,Menus. FYmm»f •hereto FAd-b A- and SETHE ETISN S THENCE ALONGTH propos down hoc,' to di. FEET IO'tATJO WEST THI UE HOFT THE oWrackPuN BY51t The WNWse of Incorporated E+hkb A and SOUTH LINE OF THE Proposed t is M' -S UT TO'LIE - ON THI Mot •of Row y J. In, Mnw'Ly rearms. NORTHEAST- -SEC ONE-QUARTER. TH proposed if requested N NORTH. LINE' EOF,O T II SOUTHERLYOF RIERL RGHT ryae b he . T 10 te: •B M pLaSds's of the a. OF SECTION E NORTH the peWm;-: -NORTHEAST HENC ((LOW ONE AY COUNTYFROAD e m tea a.th b the M 1140, laws of the Slab Ald NATO THEE((2649 FEET TO A 20 AND r AD3WESTERLY12WHENCE W N,es M Uwo, CodMo. ' WAY ON TOF TY to Men" of _ OF -N LINE E' WELD u-sonata: qb t for ROAD. LINE OF WELD COUNTY the 4 yet ay Wn d THENCE LE VI LSA'SOUR CORNER.ROAD J if!S BEARS M b anuplM Na election ROM.R U3 THENCE - NE a0'd1°Ward oo 58, L SEAST 14311'FEE) THE 4511 ONESTA42.82 a request, LINE will ado north, by rMNM:Its LEANNGPPl05TUTl I CORNER OF SECTIONS BEARS or Outline w 5.§3t-II-101' •NOR RIGHT 6OF' ST 1 WOMB, wafolutes x26. LINE 401 SOUTH'FEET TOA O ONES , EE; 0.54133E NG SAID nelopcoats T. Men for the - NORTH O A-P•EAST 131806 Moms to the on,sodY of Na THE N FEET TG A POINT Of FEET; THENCE ALONG SAID WAY .55 TM„,..,„,„:„.,r,„1 Es-H0I J 0 in toNeIr Ismsd SO THEN A.POINT rep THE the iBEd NNae tke ante bythr STATE GHI GFWAY L 11 WESTERLY RIGHT-0F.WAY- aM LNWyld ii went nca:Ay mLf lm the SOUTHERLY RIGHT E WAY Mosel a Neosion nbM n ?FENCE SAID WO1F rYq nryaM b PIwME UM -4pceil•NW proves., for In the LINE pF THE OPFAi WEALONG OHEN LONE SOUTH T 141 WEST Wrievial M mklw2WerQ pMNma+nNWMn present SAIDIG: 'THENCE ALOHE Pacedpriels have been CEALONG II RIGN 21•1393,37-51/EST D391 FEET THENCE SW1H mat M Brttlw. y determine OP WAY LINE THE FCULOW Wf THENCE WEST 11184.FEET: mIwLVY YNws FOLD WING TWO-CO LINE THE M RpIMe zoning d the SG ALONG THE AR; 11 GI NN THENCE $0 9ante TM M+N d Tkr the THENCE . ORTHTWO- _RSES 1 pe Fro'-. XyyNMod N M CTH THE ARC OF A CUR(( WEST TSA5 EF'WEST ST 173.05 E Stlte owl b hereby tie antes s dale hearing M the THENCE NORTH TtHE>� W TG THE LEFT D (SAIDOF 00097 M the Bowl d dales d Na, propose of N2edon- t M EAST THE ARC OF DI THENCE -N , . ' HAVING A ENTRAI, N LE0L SOUTH'WEST FEET we CO Firestone M bold proposed0.9. 05Neutim and -NANO THE ARC A CURVE ppasv6(�yy _ tithe Nerd nof.. FEET.A CEMRD OP SAID I TEEN THENCE T NORTH At Hewing c-,V SS s MWCRB 35 3442,104 aMJ1 TO THELRATUS OF CURVE Tf cowhides,X1mdnW. SEWS N RTHB WS''DES -WEST Ill77 F ET' FEET, 00e Melons MOM, 3 DIXW Seth and may M1. public FEET. A E T AL 1LE by d MOWN, N pat IN MG 52 NORTH OISTN4CE CI THENCE Hror 51,ST.3 the Melons Het 151oe, Miring t q determine the ee M 4463 A CENTRAL ID OF NM adw.W and I L per• 330.71'FEET); OII-THE CI tY1 TT FEET;THENCE M Aurae, F po.e c ZaMO. N!}a SJT CHORD 10511'D MG , NORTH. NEE{ WEST T.J3 +ppdpBlaPrma�M +rnuedon 4 popF'.-W(i 1F FEET �31-THENCI FEET; THENCE' '.N q *ride 1840.Ra yaFeaa 54 pc n. X the Fhn tost,in M BEARS FEETH:DISTAN EAST Coley the the B d M Sweet FE TX 3)- THENCE WEST DLITT THENCE WEST 1D.T1 FpEE1TN, • Pile Koolau- 4 (1) tE it 101 M FYn rs Town 1136.12 FEET-TO A OINT OF may—M BOW d Trustees- FEET 3) 1 EETRI I EAST 11 1 FEET T MON WPOINT Smile r Whether wNWr d1 Gram 0 or,Netone PIE115 NORTH R4 A POINT ON my pen one or more aderrcN THENCE SOT TH- IEET,1 -ON THE SOt FEET TOW M app'a been.adbw for Colorado 10520, TMRC•• THE OF WELD RIGHT COUNTYOF WAY - Le,the subject w1.. to' THENCE SOUTH BTTENCI I WTXESOUGIENV RIGHT-0F ♦Nmlbn INN 811.with Yg4IDdda11:0y FY 251E OF ALOG ROAD the Town d •26.,may.'. WEST 70'O FEET,51 TH 050 —. eTana ti((buss n Pr RIG.-TFFFCE Y UN ERIE pad 4th w popery e. FEgTN 0) THENCE 083 ow. Mweon.Now Gee are, Lieer a such MINNn any RIGHT WAY HREE COURSE, STHEE, *new the sawed NopNry X- 69215 B1 THENCE NOR TI WAY LINE OF C WELD COUNTYID b me Tow SF FBWme appear K M , and FOLLOWING ITHNC NORTH L0031W 1pusaYd Ntlrpetlpv- RIPONT` TH RI H -ROAD E THENCE SAID M IN ypbo the SNwNo paves-evidence nWw b the 1)THENCE FEET: STE1LP A PONT ON THE WEST ROSH SOUTHERLY 0RIGXT-0RIGHT the o and of M 61. of gonad Gang 0 re the NO TH 8911 FEET; ADOPTED day end CO WAY AIDE.A. END liFE NORTH 3911179 pOF:- amaw'N aw, for: Papsia's'. . requested In NORTH 39i50ZJ• 5209.31 ADOPTED this Stith wvaf Mardi. ALONG DRIGHT,THENCIWA' BEGI FEETNNING, roomed TO UHF POINT OF. mend.Or Be Tom. (t)p Papilla's'. FEET: 3) $ . SOUTH 3009. ALONG RTH 00743 OF WA' BEGWNIHG ((mete M moony tar M THENCE ENC RLN. EO.N FEET UNE 5 FEET T O POINT T G mwo Nawat fo and(1)to Sr.Wm E eU BA d ofTal d OF WAY LEAVINGE.SOH 0 405°ant 2416.79 S SOUTH TO A POf d -THE DESCRIBED S5 AREA A THE Nader Masco approval ofde leel the BaltldTrvi, WEWAYMN69 FEE A le Slue Malcom(eten!Plan it !9 w tam by nO ns t WEST 390E 'FEET TO A - THE CTION5;UNE Of TH ABOVE TRACT OF The Wtl 'Se W conclusions with THE -ON UNE OP NORTHWEST WEE'UMTEI LANE 15211183 ACRES MORE popery remNMe; 8poOF SECTION 5;THENCE ALONE CR LESS Nio ,Cade!AyXpnped The Spence to the cierANotary h.M THE NORTHWESTOF•P{C CNE Michael P Sinatra 0570 SCUTS. 000' 9026 aipeertwONPYaM Unit testaadNyeyMments NI. QUARTER ONG S0IG'.S 3 Mayor APO T•'EASTTHE FEETIH 'THE GROSS- - AREA DESCRIBED aal. S lwithend mkinW W the statutory requirements NIP. THENCE ALONG SAO-SOUTH ATTEST: O POINT ON THE WEST WEU ABOVE - D8,ACED mm' - u-. "met nd'annexation to been ONE SOUTH WEST - CO WAY UNE OF•ENO . BM,end further,MY M th. 3USO FEET TO THE OR WEST ONE LONG ROAD R 3 TW OFEWtl MORE�ORONlE36-J.113 ACRES pens my app N the Be EFgoglab!harp l M QUARTER CORNER OF - ALONG 0743 6' WA' • M.perm 9- the »]ado We'd w allydNpwaW MM SECTION SANE POINTTNE. CT OF - UNE NORTH W)1390I FAY THE NETRIB AREAOT THELAND IS pswp 1.a a spa _ LANDC N NSD 1.95 ACES TownO k ILO¢3 FEET Tp A-0OINTd DESCRIBED MOL OR uWeep.:.TM opby,-Ia• (AND CONTAINS 131.BS ACRES Tam OM - S3 D83 ACRES MORE- OR °Me 1..M popapy. M 8mdpsLi X:LA BW d -AXNVE ORLE53 :' LEGAL LESS. VCRR 3 l.of gMSH 11hN8 n d TTmen wvn[NM0.M eiremtla4 G A EXHIBIT A •Reuse see LEG Lott NblubNApl3,200. IS 1426 del b IeMery that tG RESOLUTION NO:O&35 LEGAL DESCRIPTION Nm PuNication eoPuglalbq ',sedation't , sleds el that 'M.a been andmN. that M DI UMox • re the salads d each A RESOLUTION FINDING - POJe2 VeWY Fern sn end Minor ♦ - 'TOWN OFfMIeTONE. _ COLORADO... _ ___ NOTICE OFFUSUCHEARNG a , Me*M 5'iMdY Own OW the TOM d Firestone Naimfr ado TOWN OF FIRESTONE,COLORADO WHEREAS,the Board of Trustees wishes to'permit simultaneous consideration of the subject NOTICE OF PUBLIC HEARINGS property for annexation and zoning,if requested in the petition;and WHEREAS,the Board of Trustees has reviewed the petition and desires to adopt by Resolution given that the Town of Firestone Planning and Zoning Commission will hold a its findings in regard to the.petition. nmencing at 7:00 p.m.,Wednesday, May 7,2008 at the Firestone Town Hall, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF Firestone,Colorado 80520. The purpose of the Public Hearing Is to consider FIRESTONE,COLORADO: ig of property proposed to be annexed to the Town and known as the Union Section 1.The petition,the legal description for which is attached hereto as Exhibit A and ne and Two,and to consider a request for approval of an Outline Development Incorporated herein by reference,is in substantial compliance with the applicable laws of the State • ty..The'existing zoning is Weld County Agricultural. The zoning requested is of Colorado. opment,with residential and commercial land uses. Section 2 No election is required under C.R.S.§31-12-107(2). s hereby given that the Board of Trustees of the Town of Firestone will hold a Section 3.No additional terms and conditions are to be imposed except any provided for In the hmencing et 7:00 p.m.,Thursday,May 8,2008 at the Firestone Town Hall,151 petition or annexation agreement. - stone,Colorado 80520. The purpose of the Public Hearing is(1)to determine Section 4 The Board of Truste€s will hold a public hearing for the purpose of determining If the operty for which petitions for annexation have been filed with the Town,to be proposed annexation complies with C.R.S.§§31-12-104 and 31-12-105,and may hold a public h Annexation Nos.One and Two to the Town of Firestone,meet the applicable °hearing to determine the appropriate zoning of the subject property,if requested into petition,at &statutes of the State of Colorado and are eligible for annexation to the Town, the Firestone Town Hall,151 Grant Avenue,Firestone,Colorado 80520,on Thursday,May 8,2008 I zoning for the proposed annexation,and(3)to consider a request for approval at 7:00 P.M. (opment Plan for the property. The existing zoning is Weld County Agricultural. Section5 Any person may appear at such hearing and present evidence relative to the proposed led is Planned Unit Development,with residential and commercial land uses. annexation,or the proposed zoning If requested in the petition. •appear at the Public Hearings,and be heard regarding the matters under $ectlon 6 Upon completion of the hearing,the Board of Trustees will-set forth,by resolution,its a approximate location of the property Is northeast of the intersection of WCR findings and conclusions with reference to the eligibility of the proposed annexation,and whether he legal descriptions-of the properties that are the subjects of each annexation the statutory requirements for the proposed annexation have been met,and further,may determine Ih below in Exhibit A of Resolution Nos.08-34 and 08-35. the appropriate zoning of the subject property if requested in the petition. • )nexation petitions, resolutions finding that the annexation petitions are in Section7 If the Board of Trustees concludes,by resolution,that all statutory requirements have once with the applicable laws df the State-of Colorado,and comprehensive been met end that the proposed annexation is proper under the laws of the State of Colorado,the vision and development application materials are on file and available for public Board of Trustees may pass one or more ordinances annexing the subject property to the Town of. ffice of the Town Clerk,151 Grant Avenue,Firestone,CO 80520,during regular Firestone,and may pass one or more ordinances zoning the subject property If requested in the petition. ay of March,2008. TOWN OF FIRESTONE,COLORADO INTRODUCED,READ,and ADOPTED this 28th day of March,2008. Judy Hegwood _ —_______-- - Town Clerk . ' Michael P.Simone Mayor °` RESOLUTION NO.08-34 ATTEST: , INDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED _______ __ - - DF FIRESTONE,COLORADO,KNOWN AS THE UNIONANNEXATION NO.1 TO Judy Hegwood WN OF FIRESTONE,AND SETTING A PUBLIC HEARING THEREON. Town Clerk - • titian for annexation of certain property to be known as the Union Annexation • HI with the Town Clerk of the Town of Firestone,Colorado,and referred to the - -EXHIBIT A of the Town for a determination of substantial compliance with applicable law; LEGAL DESCRIPTION ' UNION bard of Trustees wishes to permnsimultaneous consideration of the auolect - ANNEXATION NUMBER 2 atlon and zoning,II requested In the petition;and - �QAIP'TiO •L• ' board of Trustees has reviewed the petition and desires to adopt by Resolution A RA T OF LAND SITUATED IN SECTION 3, TOWNSHIP 2 NORTH,RANGE 68 WEST AND THE rd to the petition. - SOUTH HALF QF$ECTION 32,TOWNSHIP 3 NORTH,RANGE 68 WESTOF THE 6TH PRINCIPAL IRE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF-THE TOWN OF MERIDIAN, COUNTY OF WELD,.:STATE OF COLORADO, BEING MORE PARTICULARLY pRADO: - DESCRIBED AS FOLLOWS: -'• Ietitlod,the legal description for which-Is attached hereto as Exhibit'A and COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 5 WHENCE.THE It by reference,is in substantial compliance with the applicable laws of the State NORTHEAST CORNER OF SECTION 5 BEARS NORTH 89'31'00".EAST 2896.54 FEET,SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION;THENCE NORTH 00'10'27"EAST action is required under C.R.S.§31-12-107(2).' - 30.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF.WELD COUNTY ROAD 26 AND Iditlonel terms and conditions are to be Imposed except any provided for In the THE POINT OF BEGINNING. ' tion agreement. THENCE ALONG SAID RIGHT OF WAY LINE NORTH 89'31'00" EAST 2512.14 FEET; THENCE board of Trustees will hold a Public hearing for the purpose of determining if the LEAVING SAID RIGHT OF WAY LINE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE eon complies with C.R.S.§§31-12-104 and 31-12-105, and may hold a public HAVING A RADIUS OF 1478.11 FEET,A CENTRAL ANGLE OF 02'38'49",CHORD OF SAID ARC ne the appropriate zoning of the subject property,if requested in the petition,at BEARS SOUTH 28'01'50".WEST 68.28 FEET)A DISTANCE OF 68.29 FEET TO A POINT ON THE 1 Hall,151 Grant Avenue,Firestone,Colorado 80520,on Thursday,May 8,2008 , SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 28;THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 89'31'00"W EST93.11 FEET TO A POINT ON THE NORTHERLY RIGHT-OF WAY LINE 'arson may appear at such hearing end present evidence relative to the proposed OFTHEGREATWESTERN RAILWAY;THENCEALONG SAID RIGHTOFWAY LINETHE FOLLOWING .proposed zoning if requested In the petition. TWO COURSES; 1)THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING completion of the hearing,the Board of Trustees will set forth,by resolution,its A RADIUS 1398.11 FEET,A CENTRAL ANGLE OF 40'20'48",CHORD OF SAID ARC BEARS SOUTH lusions with reference to the eligibility of the proposed annexation,and whether 51'25'34"WEST 984.30 FEET)A DISTANCE OF 984.51 FEET; 2)THENCE SOUTH 71'35'57"WEST. cements for the proposed annexation have been met,and further,may determine 1704.79'FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF'WELD COUNTY ROAD 3'h; ining of the subject property i1 requested in the petition. THENCE ALONG SAID-RIGHT OF WAY LINE SOUTH 00°43'36"WEST 1401.61 FEET TO A POINT board of Trustees concludes,by resolution,that all statutory requirements have 'ON THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 5; THENCE ALONG' the proposed annexation is proper under the laws of the State of Colorado,the SAID SOUTH LINE SOUTH 89'08'40"EAST 1792.17 FEET; THENCE-LEAVING SAID SOUTH LINE may pass one or more ordinances annexing the subject property to the Town of SOUTH 00'43'11"WEST 2401.23 FEET TO A POINT ON THE NOTH RIGHT QF WAY LINE OF STATE y pass one or more ordinances zoning the subject-property if requested In the HIGHWAY 119; THENCE ALONG SAID RIGHT OF WAY UNE THE FOLLOWING SIX COURSES; 1)THENCE ALONG THE ARC OF A CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF LEAD,and ADOPTED this 28th day of March,2008. I 5830.00 FEET,ACENTRAL ANGLE OF 09'44'11",CHORD OF SAID ARC BEARS NORTH 87'33'46" 'a WEST 989.52 FEET)A DISTANCE OF 990.71 FEET; 2)THENCE SOUTH 83'36'40"WEST 194.00 - Michael P.Simone FEET; 3)THENCE SOUTH 85'10'40"WEST 190.60 FEET; 4)THENCE SOUTH 87'34'40"WEST Mayor 1 359.60 PEET; 5)THENCE NORTH 70'23'20"WEST 65,87 FEET; 6)THENCE NORTH 89'16'05" WEST 80.01 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF WELDCOUNTY ROAD 3 Y,;THENCE ALONG SAID RIGHT OF WAY LINE NORTH 00'43'55"EAST 2416.79 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 5; THENCE ALONG SAID SOUTH LINE SOUTH:89'04'01"EAST 20.00 FEET TO A POINT ON THE WEST RIGHT OF EXHIBIT A WAY LINE OF WELD COUNTY ROAD 3 Y; THENCE ALONG SAID RIGHT OF WAY LINE NORTH LEGAL DESCRIPTION ' - 00'43'36"EAST t380,68 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE ' UNION . GREAT WESTERN RAILWAY;THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING FOUR ANNEXATION NUMBER 1 COURSES),1)THENCE SOUTH 71'34'28"WEST 514.79 FEET; 2)THENCE ALONG THE ARC OF A -ION• CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 2904.00 FEET,A CENTRAL ANGLE OF O Sil UATED IN SECTION 3,4,5, TOWNSHIP 2 NORTH,RANGE 88 WEST OF 08'20'09",CHORD OF SAID ARC BEARS SOUTH 6724552"WEST 422.13 FEET)A DISTANCE OF PAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE 422.50 FEET; 3)THENCE SOUTH 63'14'52"WEST 1843.45 FEET;4)THENCE ALONG THE ARC OF IESCRIBED AS FOLLOWS: - A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 1310.00 FEET,A CENTRAL ANGLE 4E WEST ONE-QUARTER CORNER OF SECTION 3 WHENCE THE NORTHWEST OF 05'19'20",CHORD OF SAID ARC BEARS SOUTH 85'54'32"WEST 121.64 FEET)A DISTANCE (ION 3 BEARS NORTH 00'24'09"EAST 2597.39 FEET,SAID LINE FORMING THE OF 121.69 FEET TO A-POINT ON THE WEST LINE OF.THE NORTHWEST ONE-QUARTER OF VG FOR THIS DESCRIPTION; THENCE ALONG SAID LINE NORTH 00'24'09" SECTION 5; THENCE ALONG SAID WEST LINE NORTH 01'04'47"EAST 831.73 FEET; THENCE (T TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD. LEAVING SAID WEST TINE NORTH 68°57'51"EAST 1252.56 FEET; THENCE NORTH 27°20'44" )NG SAID RIGHT OF WAY LINE SOUTH 89°30'23"WEST 5289.52 FEET TO A EAST 1190.29 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD ST LINE OFTHE NORTHEAST ONE-QUARTER'OF SECTION 5;THENCE ALONG 26; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 89°41'22"WEST 711.50 FEET; THENCE MUTH 01'05'27"WEST 2583.53 FEET TO THE EAST ONE-QUARTER CORNER NORTH 36'3)'56"EAST 37.49 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST ONE- THENCE ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF QUARTER OF SECTION 5; THENCE ALONG SAID NORTH LINE NORTH 89°41'22"EAST 15.43 'H 89'08'40"2649.34 FEET TO'A POINT ON THE EAST RIGHT OF WAY LINE OF FEET;-THENCE NORTH 49'51'56"EAST 48.84 FEET TO A POINT ON THE NORTH RIGHT OF WAY OAD 31/2;THENCE ALONG SAID RIGHT OF WAY LINE NORTH 06'43'36"EAST LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 89'41'22" A POINT ON THE SOUTHERLY RIGHT OF WAY UNE OF THE GREAT WESTERN EAST 1586.69 FEET TOTHE POINT OF BEGINNING. CE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING TWO COURSES; 1) EXCEPTING THEREFROM THAT PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 5 71'35'57"EAST 1732.54 FEET; 2)THENCE ALONG THE ARC OF A.CURVE TO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: .URVE HAVING A RADIUS OF 1478.11 FEET,A CENTRAL ANGLE OF 44'53'32", BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF ARC BEARS NORTH 49'09'11"EAST 1128.73 FEET)A DISTANCE OF 1158.12 WELD COUNTY ROAD 26 AND THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 'ON THE NORTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26; THENCE .3 1/2 WHENCE THE NORTH ONE-QUARTER CORNER OF SECTION 5 BEARS NORTH 45°12'29" iHT OF WAY LINE THE FOLLOWING THREE COURSES; 1)THENCE NORTH EAST 42.82 FEET; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 00'43'36" M.14 FEET; 2)THENCE NORTH 89°30'23" EAST 5289.31 FEET; 3)THENCE WEST 103.92 FEET; THENCE SOUTH 52°23'30"WEST 141.94 FEET THENCE SOUTH 71'27'35" ' EAST 30.24 FEET; THENCE LEAVING SAID RIGHT OF.WAY LINE SOUTH WEST 93.45 FEET; THENCE-SOUTH 79'06'16"WEST 173.08'FEET THENCE NORTH 88°41'43" 1626.99 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST ONE- WEST 134.80 FEET;THENCE NORTH 63°35'24"WEST 111.77 FEET THENCE NORTH 38°40'00" CTION 3; THENCE ALONG SAID SOUTH LINE SOUTH 89'38'22"WEST 30.00 WEST 57.32 FEET;. THENCE NORTH 06'35'40"WEST 42.71 FEET; THENCE NORTH 16°04'00" :ST ONE-QUARTER CORNER OF SECTION 3 AND THE POINT OF BEGINNING. EAST 114.11 FEET TO-A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY AND CONTAINS 121.95 ACRES MORE OR LESS. ROAD 26; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 89'41'22" EAST RESOLUTION NO.08-35 616.32'FEET TO THE POINT OF BEGINNING. FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED THE GROSS AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 211.182 ACRES MORE OR OF FIRESTONE,COLORADO,KNOWN AS THE UNION ANNEXATION NO.2 TO LESS. - )WN OF FIRESTONE,AND SETTING A PUBLIC HEARING THEREON. THE GROSS AREAOF THE ABOVE DESCRIBED EXCEPTION IS 3.113 ACRES MORE OR LESS. stition for annexation of certain property to be known as the Union Annexation THE NET AREA OF THE ABOVE DESCRIBED TRACT OF LANE IS 208.069 ACRES MORE OP !led with the Town Clerk of the Town of Firestone,Colorado,and referred to the .• LESS. . r of the Town for a determination of substantial compliance with applicable law; Published in the Times-Call,Longmont Colorado,April 2,8,15&22,2008. cn N-7)4 l� x« ,? K,3 t 52. X O `� 5 Z I " a r wew as f < 4— LO 440 o cam M Y. TE 31q f W 3 ✓<' + + jr -ic +x!, r w vc. 4 h 3 5 to �'""1 i ' ' ' W .•.1 �. i t t x1. JM e x ,n K 'n4. ' .; 7A W s Yp, " g.. E en ‘----C-: '" 4 ft ° o ; 4 p i' e. O. G. E4 —. C C . = 1 --5,,,,,:;5555, 55. tt t 1 t c l� , , ' 3 f3 ��. j4�� „� *4, 1 �.- '�� * t 1'l I 'W" rx''E - r ' ' 4 14 'tiv ! G 0Sa • s yi x. R T t. !!! r # 3 "4 � ,...7.-.A '_ `{ �n I� � tilt�, N .aT.[&2'T ' ' k� �AF� ���""`� ' i `t' ,, . . N G (( : 1 Y _ 1 t t *s'a ii..s5_ 4 4 . 1 :. Q f x�* kY- a4;1;14;22-::;,,i',,,;,, `► i *w `",4:4',"-It O) 't3 r i t ,;I .t 'G j ✓R € ,"55-55",„:75.5,15-55,.:55 § : r d r x scn P gT P x /,,r F ,„.. `.+Y+ --,- V 4 t4 ( `ti fit } { 'a Nj'` k ..Pr • Y ...� A� t AS�1MJ'H, �'` '• •�•• • •• t I I ' ,_•__... ._..mod. . ...._r_ • "<» LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD'S OFFICE, IN THE PUBLIC REVIEW FILE. ATTACHMENT B ATTACHMENT C 0 r. 0 Z ,d tl • W z f s O f } 4\ H3 H L1.) Ce P Lc. s Y Y I ;i e II i l m v_J a ��. a t i, a I 7 s s r ; X41 N'4.. q e Z ■. � . qq Y, mom - ' ` �f 'I ' q i �`� " . Jam} 4I� iei �� e� �, �.r P 'i v, tl. Alt i ' F � Yo *war r .._' to = B Pral' �I I 6 :P ! Ae e r _new t'b.Fs p[{ $` �.. a YI(�ii 4 '` A* B. ,gym. lr.g s ` „,..; s ur} La/ YP � � JG, u H W ZE: tl 0 m " E e e CL < W r1 g,, Ha C -.;-.(„,,,,,3 --c---r-9 -,,:§§ d Y f um g.�,r WFso z cEJ h Zra,r% a Ra ;;; Z ae4"”'n.00 hie q i N s ;;aaa a O a2.- ' ---- _s.. ..„..., H ATTACHMENT D ANNEXATION AGREEMENT (Standard Form May 6,2002) THIS AGREEMENT is made and entered into this day of , by and between , hereinafter referred to as or "Owner," and the TOWN OF FIRESTONE, a municipal corporation of the State of Colorado,hereinafter referred to as "Firestone" or"Town". WITNESSETH: WHEREAS, the Owner desires to annex to Firestone the property more particularly described on Exhibit "A," which is attached hereto, incorporated herein, and made a part hereof (such property is hereinafter referred to as"the property");and WHEREAS, Owner has executed a petition to annex the property,a copy of which petition is on file with the Town Clerk;and WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following Agreement and -- WHEREAS,Owner acknowledges that upon annexation,the property will be subject to all ordinances, resolutions, and other regulations of the Town of Firestone, as they may be amended from time to time;and WHEREAS, Owner acknowledges that the need for conveyances and dedication of certain property,including but not limited to property for ways and easements to Firestone as contemplated in this Agreement, are directly related to and generated by development intended to occur within the property and that no taking thereby will occur requiring any compensation NOW, THEREFORE, IN CONSIDERATION OF Ttia ABOVE PREMISES AND THE COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: I. inenrpnnitinn of Reritalc The parties confirm and incorporate the foregoing recitals into this Agreement 2. Pmpnse. The purpose of this Agreement is to set forth the terms and conditions of the annexation of the property to the Town. Except as expressly provided for herein to the contrary, all terms and conditions herein are in addition to all requirements concerning annexation contained in the Firestone Municipal Code, Development Regulations and Comprehensive Plan, and the 1 EXHIBIT N • Municipal Annexation Act of 1965,as amended,C.R.S.Section 31-12-101 et seq. 3. Fmther-Artc Owner agrees to execute, promptly upon request of Firestone, any and all surveys and other documents necessary to effect the annexation of the property and the other provisions of this Agreement. Owner agrees to not sign any other petition for annexation of the property or any petition for an annexation election relating to the property, except upon request of Firestone. 4. Annexation fern nentc Owner agrees to provide legal documents, surveys, engineering work, newspaper publication, maps, and reports determined by Firestone to be necessary to accomplish the annexation. Firestone shall at Owner's expense prepare the annexation impact report. 5. Action on Annexation Petition Firestone shall act upon the annexation petition within six months of the date of filing thereof with the Town Clerk,unless Owner consents to later action. 6. Zoning and l lrvelnpment The parties recognize that it is the intent and desire of Owner to develop the property in a manner generally consistent with the zoning requested and that the granting of such zoning by the Town of Firestone is a condition to annexation of the property. Owner shall take all action necessary to permit zoning by Firestone of the annexed property within the time prescribed by state statutes. 7. illicatinns. Owner agrees to dedicate by General Warranty Deed or appropriate instrument of conveyance acceptable to the Town, ten percent of the territory to be annexed for public open space or pay an equivalent fee in lieu of dedication,in addition to easements and rights- of-way for streets and other public ways and for other public purposes, as required by Town ordinances and resolutions. Such dedications shall occur immediately upon request of the Town except that internal rights-of-way shall be dedicated at the time of subdivision platting, unless the Town specifies another time. 8. Pnhlir lmpmvementc Owner agrees to design, improve, and provide signage, lighting, and signalization for, all public streets and other public ways within or adjacent to the property in accordance with Town ordinances and resolutions and other applicable standards, subject to any reimbursement which may be provided for in such ordinances, resolutions, and standards, and to make such other improvements as required by Town ordinances and resolutions, to guarantee construction of all required improvements, and, if requested by Firestone, to dedicate to Firestone any or all other required improvements. If requested by Firestone, Owner agrees to enter into an agreement pertaining to such improvements and other matters prior to any development of the property. 2 EXHIBIT N 9. Jmpmvement Districts. If requested by Firestone, Owner agrees to include the property in one or more special improvement districts or other mechanisms established by Firestone for making improvements to streets and other public ways, or for making other public improvements authorized by law, and Owner hereby appoints the Town Clerk of Firestone as Owner's attorney-in-fact for the purpose of executing all documents determined by Firestone to be necessary for such inclusion. If requested by Owner,Firestone agrees to consider the establishment of one or more special improvement districts for making such improvements. 10. Cnnfnrmity with Tawc Owner agrees that the design, improvement, construction, development, and use of the property shall be in conformance with, and that Owner shall comply with; all Town ordinances and resolutions including, without limitation, ordinances and resolutions pertaining to annexation, subdivision, zoning, storm drainage, utilities, access to Town Streets and flood control. 11. Nn Repeal of T aws. Nothing contained in this Agreement shall constitute or be interpreted as a repeal of the Town's ordinances or resolutions, or as a waiver of the Town's legislative,governmental, or police powers to promote and protect the health, safety,and welfare of the Town and its inhabitants; nor shall this Agreement prohibit the enactment or increase by the Town of any tax or fee. 12. Iliscnnnectinn.No right or remedy of disconnection of the property from the Town shall accrue from this Agreement,other than that provided by applicable state laws. In the event the property or any portion thereof is disconnected at Owner's request, Firestone shall have no obligation to serve the disconnected property or portion thereof and this Agreement shall be void and of no further force and effect as to such property or portion thereof. 13. Sevrrahility The parties agree that if any part, term, portion, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of the State of Colorado,the validity of the remaining parts,terms,portions,or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part,term,portion,or provision held to be invalid. 14. Municipal Servires. Firestone agrees to make available to the property all of the usual municipal services in accordance with the ordinances and policies of the Town which services include, but are not limited to,police protection and water services. Water service to the property shall be obtained from and provided by the Town, subject to all ordinances, resolutions, rules, regulations, agreements and policies governing such use, as in effect from time to time. Owner acknowledges that Town services do not include, as of the date of the execution of this Agreement, fire protection, emergency medical services or sanitary sewer services, but the property is presently _ included within the boundaries of and is entitled to receive such services from the Fire Protection District and the Sanitation District. 15. Water Rights. Owner shall dedicate water rights as set forth in this section. 3 EXHIBIT N A_ Residential Ihes Owner, as a prerequisite to annexation, agrees to furnish and transfer ownership to the Town of the minimum water rights as required under Section 1.08.050.A of the Firestone Municipal Code with respect to any residential development on the property. All such water transferred to the Town shall be Northern Colorado Water Conservancy District/Colorado Big-Thompson water shares or such other shares as the Town in its sole. discretion may accept Title to the required water rights, free and clear of all liens and encumbrances, shall be deliverable to the Town at the time of final subdivision platting of any residential area. No subdivision plat shall receive final approval until the Town becomes the titled owner of all water required for the platted area. B. Commercial and industrial i Uses Owner, as a prerequisite to annexation,agrees to furnish and transfer ownership to the Town of the minimum water rights as required under Section 1.08.050.B of the Firestone Municipal Code with respect to any portion of the property zoned commercial or industrial. This requirement shall be met at the time of annexation. If no portion of the property is zoned at the time of annexation for commercial or industrial use, the requirements of this subsection B shall be met at the time of rezoning of any portion of the property for commercial or industrial use. C. Appurtenant Water Rights/Right of First Refusal Owner represents that there are appurtenant to the Property certain surface and/or groundwater water rights owned by Owner and set forth on Exhibit "B", which is attached hereto, incorporated herein, and made a part hereof (hereinafter referred to as "the Water Rights"). Owner further represents that the Water Rights constitute all of the water rights appurtenant to the Property, that the Water Rights are and will be used in connection with current uses of the Property until the Property is developed. If the Owner at any time determines to sell or transfer all or any portion of the Water Rights for any use other than a use upon the Property,then the Owner shall provide the Town with written notice of Owner's intent to make such a sale or transfer. The notice shall include a description of the Water Rights proposed for sale or transfer,the proposed sale or transfer price,and all other material • terms and conditions of the proposed sale or transfer. For a period of sixty(60)days after receipt of such notice, the Town shall have the first right to purchase the Water Rights intended for sale or transfer. The Town may purchase the Water Rights intended for sale or transfer upon terms and conditions that are mutually acceptable to Owner and the Town,but which are in no event less favorable than - the terms and conditions of Owner's intended sale or transfer to any third party who is a bona fide purchaser for value. In the event the purchase price cannot be determined by reference to an offer by a bona fide purchaser, the purchase price to be paid by the Town shall be established by a qualified water rights appraiser selected by agreement of the Town and Owner within ten(10)days after Town receipt of Owner's notice of intent to sell or transfer the Water Rights. In the event the Town and Owner are unable to agree upon an appraiser, then each party shall within fifteen (15) days of Town receipt of such notice select its own appraiser, and the two of them shall appoint a 4 EXHIBIT N single appraiser within twenty (20) days of Town receipt of such notice. In the event Owner and the Town have not entered into an agreement within sixty (60) days of the Town's receipt of Owner's notice of intent to sell or transfer the Water Rights, then the Town's first right to purchase the Water Rights shall terminate. The Owner may thereafter proceed to sell or transfer the Water Rights on terms and conditions no more favorable than the terms and conditions last offered to the Town. The Owner and Firestone agree that the above provisions shall apply in lieu of the requirement in Firestone Municipal Code Section 1.08.050.C,requiring the Owner offer to sell appurtenant water rights at the time of annexation. The right of first refusal under this Paragraph shall terminate upon the consummation of the sale to a third party of all or that portion of the Water Rights conveyed of the above-described Water Rights,but only as to the portion and interest so sold,and only after full compliance with the terms of this right of first refusal, and provided the sale is on the same terms and conditions and for the price set forth in the notice sent to the Town;however,if such sale is not consummated, this right of first refusal shall remain in effect In any event, all rights under this Paragraph shall terminate ninety years from the date of this Agreement • 16. Special Prnvicinns. [Leave blank for special provisions.] 17. Owners Accnciatinn. If required by state law, Owner shall organi7P an appropriate unit owners association or associations for given parcels and/or unit types within the development of the Property. Owner shall form any such association(s) pursuant to the Colorado Common Interest Ownership Act("Act"). C.R.S. Section 38-33.3-101 et sea}. The Owner shall also execute and record covenants and instruments of conveyance which comply with the Act and which adequately provide for continuous ownership, operation, maintenance, repair and replacement of common elements of the development, including but not limited to any private roads, private common areas and private facilities. At least ten (10) days prior to recording any covenants or instruments of conveyance to the association(s), Owner shall provide such documents to the Town Attorney for review and comment. • 18. Special District inrincinn Within ten (10) days after written request by the Town, Owner shall apply for inclusion of the property within the Northern Colorado Water Conservancy District, the Sanitation District, the Carbon Valley Recreation District (if the property is not yet within one or more of these district),and any other special districts as determined • by the Town. - 19. Thrtrrre C'.nnperatinn The parties agree that they will cooperate with one another in accomplishing the terms, conditions, and provisions of the Agreement, and will execute such additional documents as necessary to effectuate the same. 20. Amendment. This Agreement may be amended by the Town and any Owner without the consent of any other Owner as long as such amendment affects only that Owner's portion of the property. Such amendments shall be in writing, shall be recorded with the County 5 EXHIBIT N Clerk of Weld County, Colorado, shall be covenants running with the land, and shall be binding upon all persons or entities having an interest in the property subject to the amendment unless otherwise specified in the amendment Except as otherwise provided herein, this Agreement shall not be amended unless approved in writing by all parties hereto. 21. Fntire Agreement This Agreement embodies the entire agreement of the parties. There are no promises,terms, conditions, or obligations other than those contained herein; and this Agreement supersedes all previous communications, representations,or agreements, either verbal or written,between the parties. 22. indemnifiratinn Owner agrees to indemnify and hold harmless the Town and the Town's officers, employees, agents, and contractors, from and against all liability, claims, and demands, including attorneys' fees and court costs, which arise out of or are in any manner connected with the annexation of the property, or with any other annexation or other action determined nerrtcgry or desirable by the Town in order to effectuate the annexation of the property, or which are in any manner connected with Firestone's enforcement of this Agreement Owner further agrees to investigate,handle,respond to, and to provide defense for and defend against or at the Town's option to pay the attorneys' fees for defense counsel of the Town's choice for, any such liability,claims,or demands. 23. Qta ter.As used in this Agreement,the term "Owner" shall include any of the heirs, transferees, successors, or assigns of Owner, and all such parties shall have the right to enforce this Agreement, and shall be subject to the terms of this Agreement, as if they were the original parties thereto. 24. Amendments to Law As used in this Agreement, unless otherwise specifically provided herein, any reference to any provision of any Town ordinance, resolution, or policy is intended to refer to any subsequent amendments or revisions to such ordinance, resolution, or policy,and the parties agree that such amendments or revisions shall be binding upon Owner. 25. Binding'Effect This Agreement shall be binding upon and inure to the benefit of the heirs, transferees, successors, and assigns hereof and shall constitute covenants running with the land. This Agreement shall be recorded with the County Clerk of Weld County, Colorado, at Ow_pe>'s expense. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. 26. Failure to Annex This Agreement shall be null and void if the Town fails to approve the annexation of the property. 27. Notify. All notices required under this Agreement shall be in writing and shall be hand-delivered or sent by facsimile transmission or registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand delivery shall be effective upon receipt All facsimile transmissions shall be effective upon 6 EXHIBIT N transmission receipt. All notices by mail shall be considered effective 72 hours after deposit in the United States mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to Town: Town of Firestone P.O. Box 100 Firestone, CO 80520 With copy to: Griffiths,Tanoue,Light, Harrington&Dawes,P.C. 1860 Blake Street,#550 Denver,CO 80202 Notice to Owner: With copy to: 28. Election. Owner agrees that it is voluntarily entering into this Agreement. Owner represents and submits that, to the extent an election would be required pursuant to C.RS..31-12- 112,as amended, to approve the annexation or to impose terms and conditions upon the Property to be annexed, Owner owns 100 percent of the Property, excluding public streets and alleys, and would vote to approve the annexation and all terms and conditions as set forth herein. Thus, any election would necessarily result in a majority of the electors' approval to the annexation and the terms and conditions. 29. i tgjclative niccretinn.The Owner acknowledges that the annexation and zoning of the property are subject to the legislative discretion of the Board of Trustees of the Town of Firestone. No assurances of annexation or zoning have been made or relied upon by Owner. In the event that,in the exercise of its legislative discretion, any action with respect to.the property herein contemplated is not taken,then the sole and exclusive right of Owner with respect to such exercise of discretion shall be the withdrawal of the petition for annexation by the Owner, or disconnection from the Town in accordance with state law,as may be appropriate. 30. No Third-Parry Rights This Agreement is made solely for the benefit of the parties hereto, and is not intended to nor shall it be deemed to confer rights to any persons or entities not . named as parties hereto. 31. rmveming Taw The laws of the State of Colorado shall govern the validity, performance, and enforcement of this Agreement. Should either party institute legal suit or action 7 EXHIBIT N for enforcement of any obligation contained herein,it is agreed that the venue of such suit or action shall be in Weld County,Colorado. 32. Headings The paragraph headings in this Agreement shall not be used in the construction or interpretation hereof as they have no substantive effect and are for convenience only. 33. No Warranties by Tnwn The Town is entering into this Agreement in good faith and with the present intention, on the part of the present Town Board,that this Agreement will be complied with. However,because some of the provisions of this Agreement may involve areas of legal uncertainty, the Town makes no representation as to the validity or enforceability of this Agreement against the Town, and by entering into this Agreement the Owner acknowledges and areepts that no such warranty is made on the part of the Town. OWNER By: TOWN OF FIRESTONE By: Rick Patterson,Mayor ATTEST: Town Clerk • 8 EXHIBIT N ACKNOWLEDGEMENT(Owner) STATE OF COLORADO ) . )ss COUNTY OF ) The above and foregoing signature of was subscribed and sworn to before me this day of Witness my hand and official seal. My commission expires on: (SEAL) 050602/853[sj I)F:\Users\Sam\WPDocs\Fireston\Forms\Annex.agm 9 EXHIBIT N EXHIBIT A LEGAL DESCRIPTION OF PROPERTY • • 10 EXHIBIT N EXHIBIT B DESCRIPTION OF APPURTENANT WATER RIGHTS 11 EXHIBIT N Hello