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Home My WebLink About20082800.tiff FOOT le frfroCity of Fort Lupton '? � Planning and Building ° Department Performance,Integrity,Teamwork, Accountability and Service (303)857-6694 x 125 Tom Parko,Planning Director Fax(303)857-0351 130 S.McKinley Avenue Email:tparko@fortlupton.org Fort Lupton,Colorado 80621 http://www.fortlupton.org October 2, 2008 HBP (HUNT BROTHERS PROPERTY) ANNEXATION IMPACT REPORT Statement of Purpose This Annexation Impact Report, which has been prepared pursuant to Section 31-12-108.5 of the Colorado Revised Statutes, is based on the Annexation Petition, Annexation Plat, and Annexation Master Plan submitted by the Applicant. It is being reviewed and evaluated by the City of Fort Lupton Stag, and is scheduled for review by the City of Fort Lupton Planning Commission and City Council at hearings scheduled for October 28, 2008, and November 12, 2008, respectively. Please contact Tom Parko, Planning Director with comments and/or questions regarding this report. Project Description The property proposed for annexation consists of 73±acres situated in the East '/2 of the SW Vt of Section 18, Township 1 North, Range 66 West of the 6th P.M. The annexation meets the 1/6th or 16.67%contiguity requirements set by State Statutes. Requested zoning for the property described herein is A (Agriculture) compliant with City of Fort Lupton Zoning Regulations. The land is currently zoned agricultural (AG) in Weld County. The Master Plan submitted in support of the annexation and zoning is attached along with the Vicinity Map. This report is divided into six elements, which correspond to C.R.S. 31-12-108.5 (1)(a) through (f) and are set forth as follows: (a) a map or maps of the municipality and adjacent territory to show the following: (I) The present and proposed boundaries of the municipality in the vicinity of the proposed annexation; - 1 - w 00 SO4 (tri PL 2008-2800 / D - 1J--C8' (II) The present streets, major trunk water lines, sewer interceptors, and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation and; (III) The existing and proposed land use pattern in the areas to be annexed. (b) a copy of any draft of final pre-annexation agreement, if available; (c) a statement setting forth the plans of the municipality for extending to or otherwise providing for, within the area to be annexed, municipal services performed by or on behalf of the municipality at the time of annexation; (d) a statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed; (e) a statement identifying existing districts within the area to be annexed; (0 a statement on the effect of annexation upon local public school district systems including the estimated number of students generated and the capital construction required to educate such students. The following maps have been attached as required in subparagraph(a) of C.R.S. Section 31-12- 108.5: • The present and proposed boundaries of the City of Fort Lupton in the immediate vicinity of the proposed annexation(Map#1); • The present streets, major water transmission mains, primary sanitary sewer outfalls, storm drainage infrastructure, ancillary utility mainlines, irrigation canals and ditches, and the proposed extension of such streets and utility services in the vicinity of the proposed annexation(Maps#2 and Map#3); • The existing land use pattern in the area is Agriculture. The proposed land use pattern in the subject area to be annexed is rural as depicted in the 2007 comprehensive plans, which is attached hereto. In addition pursuant to the requirements of Subparagraphs (b) through (0, inclusive of said section,the following items have addressed or presented: (b) A draft and final Annexation Agreement and Annexation Ordinance shall be submitted to the Weld County Planning Department and to the Weld County Attorney, upon completion. (c) The plans of the City of Fort Lupton for extending municipal services to, or otherwise providing for municipal services to the subject property to be annexed as follows: 1. On — Site/Off-Street Improvements: The Applicant intends will not annex any portion of WCR 8. It was determined by the owner's surveyor that the property directly south of this annexation owns to the centerline of the road. Per the City's IGA with the County no such road shall be partially annexed which might create an incomplete or half roadway. 2. Dry Utilities to Service Property: Electrical, telephone and natural gas facilities are located in the vicinity of the property to be annexed. Preliminary - 2 - investigations confirm that such facilities are of existing size and capacity to serve the property. 3. Water Transmission and Sanitary Sewer Interceptors: The applicant is not requesting wet utilities at the site because of the nature of the use. The applicant intends to mine the property for sand and gravel with no urban use potential in the future. The vast majority of the property is within the floodplain. 4. Police, Fire, and Other City Services: Police protection will be provided by the City of Fort Lupton. Fire protection will be provided by the Fort Lupton Fire Protection District, pending inclusion of the subject property into the fire protection district. 5. Water Distribution and Sewer Collection: Not applicable. 6. Storm Drainage: The Applicant intends to maintain the historic drainage pattern that currently exists on the site and will conform to the City Standards and Specifications for Public Improvements. 7. Public Lands / Open Space: There will be no dedication of public lands by the Applicant at this time. 8. Public Facility Extension: The City does not anticipate that there will be a need for the Owner to extend or construct any offsite public facilities, i.e. recreation centers, etc. (d) In the event that Property is developed and the extension of municipal services to the annexed property is required, the development of future water, sewer, and storm water infrastructure within the Property shall be accomplished by one or more of the following Financing Methods: I. Development Fees and Surcharges collected by the City of Fort Lupton 2. Direct Developer Financing 3. Metropolitan Districts 4. Special Improvement Districts 5. Otherwise by agreement between City and the Developer as deemed appropriate. (e) Consistent with C.R.S. 31-12-108.5, the following Districts and all taxing entities are identified with the current 2008 property tax mill levy and are attached hereto. (f) The project's impact on the Weld County RE-8 Fort Lupton School District is negligible. Attachments: Map#1: Annexation Map Map#2: Fort Lupton 2007 Land Use Plan Map#3: Fort Lupton Current Zoning Map Map#4: Utility Maps. Annexation Agreement - 3 - e i $ 1 i '1,43 1 _ 8 i a€p@¢ I § 1 °f��. 4eaf °a ° {9i VI i Sb $ I Vf ki II l s r ire !Ii`Id r`gi1/2"4 W5 x�� Z i G f V i `14 Yeg° f�� . a i Ai° 1 a �;' —i �� 14e ■1 a 4�f 1 t1 I :z b 3 f ° °°t i i e G Y std e fps yYY tf k., Cdr Mi Ye°: f ce f I.e $ hi qqei eeI °�n■q �� g ,� fifE gR ■ 41 °iea # 'IL .c�srZNIP • 41'ae a tl Fc6e c v !_ y m n T -' Na1" A... ,®"b` Z ° D c}i F( 4Q}wIN 4 r e e ^ou '41 e a �'°8 a. 3 Z mo w "„. e� l f f P'4 Tij ii!',4 pj e. &. 1„z . A ss. f f Al� 9 • A , a 8 14 - - "" t , '• ,i,h -- a. Po g el!ksS,4 Ili Ez.47-.,ri ., \ . !!E i ev2 w^S° 5 ^ W 4L 2 9- CCa C 2 °� `v O i� /OLIVX3NY WWI■Oldll it 1 I ty -f es.y ■Y AVNIVIH - •001D 0.00.K■i0 9 SE 1 6 I - 2; 1 ^$g m � 888-R88#8 Ei 0 - il!i I oi R vy W W;.W. �� '•;.^ 71Cf4F.4t',i. a n 'r- 1,.ns to 1 R ugi 3.n E..ow no nr.3.YU.o..W.. 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Box 148 cot mkt," Fort Lupton, Colorado 80621 303.857.6694 303-857-0351(Fax) HBP ANNEXATION #1 ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into this day of , 2008, by and between Hunt Brother's Properties, Inc., a Colorado Corporation, hereinafter referred to as the "Owner", and the CITY OF FORT LUPTON, a municipal corporation of the State of Colorado, hereinafter referred to as"Fort Lupton"or"City",and referred together as the "Parties". WITNESSETH: WHEREAS, Owner desires to annex to Fort Lupton 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 attached hereto as Exhibit"C", and incorporated herein and made a part hereof; 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 Fort Lupton, 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 Fort Lupton as contemplated in this Agreement, are directly related to and generated by development intended to occur within the Property and that no taking thereby will occur requiring any compensation. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE CONVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Maps and Surveys. Owner agrees to execute, promptly upon request of Fort Lupton, any and all maps, surveys, engineering, master planning, annexation impact reports and public notice and other documents necessary to finalize the annexation of the Property and the other provisions of this Agreement. Page 1 of 11 2. Exclusivity. 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 Fort Lupton. 3. Fees. Owner agrees to pay Fort Lupton Annexation, Zoning, Special Use Permit and Extraction of Minerals Permit fees in the amount of$4,768.00. 4. Timeline. Fort Lupton shall act upon the annexation petition following a public hearing on November 12, 2008, unless Owner consents to later action. Final action on the annexation ordinance may be delayed to a later meeting in the event that changes to this agreement require additional discussion by the City Council. 5. Zoning. Parties recognize that it is necessary by State Law, to zone the Property within 90 days of annexation, and that the most appropriate use of the Property is for sand and gravel mining. Owner has requested that the City zone the Property "A" (Agricultural) and the City will act upon this request following a public hearing on November 12, 2008. The Parties acknowledge that the proposed gravel mine will require a Special Use Permit (SUP), pursuant to the City's zoning ordinance, and that issuance of a SUP will be subject to reasonable conditions. The City will cooperate in the issuance of a SUP, with conditions being consistent with this Agreement and with an approved DRMS Permit as it might be revised from time-to-time. The Parties recognize that it is the intent and desire of Owner to develop the Property in a manner consistent with the zoning and the SUP requested and that the granting of such zoning by Fort Lupton is a condition to annexation of the Property. Owner shall take all action necessary to permit zoning by Fort Lupton of the annexed Property within the time prescribed by state statutes. 6. Rights-of-Way and Easements. Owner agrees to dedicate by General Warranty Deed or appropriate instrument of conveyance acceptable to the City whatever ownership, lease, or easements or rights-of-way that the owner may acquire for the proposed access road from WCR 8 to the Property that will be along the alignment of WCR 8 if such road is annexed to the City. Such dedications shall occur immediately and only upon request of the City. The Owner does not foresee dedication of any public streets interior to the Property, but will comply with City subdivision regulations and other related ordinances in the event that plans change and new public streets are proposed. 7. Street Maintenance. Owner shall not be required to pay the City any special impact fees for street maintenance as a part of this Agreement or as a part of the Special Use Permit for sand and gravel mining. Traffic generated from this operation will not impact City streets. Should the truck traffic routing to and from this site change in the future and City streets become impacted by traffic from the Property, a special impact fee will be imposed in an amount directly related to the impacts. 8. Compliance With Master Plans. Owner agrees that future development of the site will comply with the approved Mined Land Reclamation Board (MLRB) Permit, and any amendments thereto, and by mutual consent of both Parties with conditions as may be placed by the City on the zoning Special Use Permit. Page 2 of 11 9. Surface Use Agreements. Prior to commencement of mining operations, the Owner will provide the City Attorney with copies of any final Surface Use Agreement(s) ("SUA") between the Owner and any other parties. Prior to commencement of mining operations, the Owner will provide the City with an amended SUA that reflects any change in oil/gas well buffers as required by the SUA. 10. Road Maintenance Agreement. Prior to commencement of mining operations, the Owner will provide the City with a copy of an executed long-term maintenance agreement with Weld County for County Road 8. 11. Intersection Improvements. Prior to Commencement of Mining Operations, the Owner shall complete all improvements to the intersection of Weld County Rd. 8 and US Highway 85, if required by the Colorado Department of Transportation. 12. CDPHE Permits. Prior to Commencement of Mining Operations, the Owner shall obtain any necessary storm water discharge or emissions permits from the Colorado Department of Public Health and Environment(CDPHE). 13. Corps of Engineers. Owner will provide the City with copies of any permits for activities on the Property, including "404 " permits, that might be required by the U.S. Army Corps of Engineers. 14. Erosion Control and Floodplain Management. Prior to Commencement of Mining Operations, the Owner shall submit to the City Engineer an erosion control plan and Floodplain Permit to address storm water runoff, dust control, floodplain encroachments and will make such amendments to the plan as might be required to meet applicable City standards. 15. Compliance with Ordinances, Resolutions and Standards. 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 City ordinances and resolutions including, without limitation, ordinances and resolutions pertaining to subdivision, zoning, storm drainage,utilities, and flood control. 16. Limitations. Nothing contained in this Agreement shall constitute or be interpreted as a repeal of the City's ordinances or resolutions, or as a waiver of the City's legislative, governmental, or police powers to promote and protect the health, safety, and welfare of the City and its inhabitants; nor shall this Agreement prohibit the enactment or increase by the City of any tax or fee. 17. Disconnection. No right or remedy of disconnection of the property from the City 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, Fort Lupton shall have no obligation to serve the disconnected property or portion thereof and this Page 3 of II Agreement shall be void and of no further force and effect as to such property or portion thereof. 18. Severability. The parties agree that if any part, term, portion, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining parts, terms, portions, or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, portion, or provision held to be invalid. 19. Municipal Services. Fort Lupton agrees to make available to the property all of the usual municipal services in accordance with the ordinances and policies of the City. The City will not be required to provide water and sanitary sewer services. Owner acknowledges that City services do not include, as of the date of the execution of this Agreement, fire protection or emergency medical services, but the property is presently included within the boundaries of and is entitled to receive such services from the Fort Lupton Fire Protection District. 20. Existing Water Rights. The Parties acknowledge that the Owner does not own any water rights attendant to the property.. In the event that any future use of the Property is for residential or commercial development, the Owner agrees to comply with City ordinances and policies regarding water service. 21. Water-storage Reservoir., The Owner grants to the City to have a"first right of refusal" on the purchase of a portion of the Property for a water-storage reservoir, if the final reclamation of the property is to be a water-storage reservoir. . 22. Cooperation. 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. 23. Amendments. The City and any Owner without the consent of any other Owner may amend this agreement 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 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. 24. Sole 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. Page 4 of II 25. Liability. Owner agrees to indemnify and hold harmless the City and the City's officers, employees, agents, and contractors, from and against all liability, claims, and demands, including attorney's fees and court costs, which arise out of or are in any manner connected with the annexation of the property, or with any other annexation or other action determined necessary or desirable by the City in order to effectuate the annexation of the property, or which are in any manner connected with Fort Lupton's enforcement of this Agreement. Owner further agrees to investigate, handle, respond to, and to provide defense for and defend against or at the City's option to pay the attorney's fees for defense counsel of the City's choice for, any such liability, claims, or demands. 26. "Owner" Defined. 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. 27. "Commencement of Mining Operations" Defined. As used in this Agreement, the term "Commencement of Mining Operations" shall mean the date on which the extraction of sand and gravel or the export from the Property of any mined material begins. It shall not mean site preparation or the initial movement of overburden within the Property. 28. Notice. The Owner shall immediately notify the City in writing of the Commencement of Mining Operations. 29. External References. As used in this Agreement, unless otherwise specifically provided herein, any reference to any provision of any City ordinance, resolution, or policy, and the parties agree that such amendments or revisions shall be binding upon Owner. 30. Transferability. 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. 31. Recording. This Agreement shall be recorded with the County Clerk of Weld County, Colorado, at Owner's expense. 32. Enforcement. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. 33. Termination. This Agreement shall be null and void if the City fails to approve the annexation of the property. 34. No Assurance of Annexation. The Owner acknowledges that the annexation and zoning of the property are subject to the legislative discretion of the Fort Lupton City Council. 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 remedy for the Page 5 of 11 breach hereof accompanied by the exercise of such discretion shall be the withdrawal of the petition for annexation by the Owner, or disconnection from the City in accordance with state law, as may be appropriate. 35. Inclusion in NCWCD. The Owner consents to petition for inclusion into the Northern Colorado Water Conservancy District and the municipal sub-district pursuant to Section 97-45-136 (3.6) C.R.S. and to pay the appropriate inclusions fees and costs associated with such inclusion within six months of the date of annexation. Owner acknowledges that, upon inclusion into the district and sub-district, Owner's property will be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the district and sub-district at the time of inclusion of Owner's lands. Owner agrees to waive any right to an election which may exist to require an election pursuant to Article X, Section 20, of the Colorado Constitution before the district and sub-district can impose such mill levies and special assessments as it has the authority to impose. Owner also agrees to waive, upon inclusion, any right, which may exist to a refund pursuant to Article X, Section 20, of the Colorado Constitution. CITY OF FORT LUPTON By: Shannon Crespin, Mayor ATTEST: By: Barbara Rodgers, City Clerk ACKNOWLEDGEMENT STATE OF COLORADO ) )ss COUNTY OF WELD ) The above and foregoing signatures were subscribed to sworn to before me this day of ,2008. Page 6 of 11 Witness my hand and official seal. My commission expires on: Notary Public Page 7 of 11 EXHIBIT A Legal Description of Property Owned by Annexor(s) A PARCEL OF LAND IN WELD COUNTY, COLORADO, LOCATED IN THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 18; THENCE COINCIDENT WITH THE NORTH LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 18 NORTH 89°27'47" EAST, A DISTANCE OF 1276.93 FEET TO THE WEST RIGHT-OF-WAY LINE OF HIGHWAY 85 AND THE WEST LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 1401 AT PAGE 296; THENCE COINCIDENT WITH THE WEST RIGHT-OF-WAY LINE OF SAID HIGHWAY 85 AND THE WEST LINE OF SAID PARCEL DESCRIBED IN BOOK 1401 AT PAGE 296 SOUTH 03°54'00" WEST, A DISTANCE OF 1333.48 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL DESCRIBED IN BOOK 1401 AT PAGE 296 AND THE NORTHWEST CORNER OF SAID PARCEL DESCRIBED IN BOOK 1399 AT PAGE 233; THENCE CONTINUING COINCIDENT WITH THE WEST RIGHT-OF-WAY LINE OF SAID HIGHWAY 85 AND THE WEST LINE OF SAID PARCEL DESCRIBED IN BOOK 1399 AT PAGE 233 THE FOLLOWING 2 COURSES: 1) THENCE SOUTH 03°54'00" WEST, A DISTANCE OF 439.00 FEET; 2) THENCE SOUTH 04°47'06" EAST, A DISTANCE OF 146.50 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL OF LAND DESCRIBED IN BOOK 1399 AT PAGE 233 AND THE NORTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 254 AT PAGE 524; THENCE COINCIDENT WITH WEST LINE OF SAID PARCEL OF LAND DESCRIBED IN BOOK 254 AT PAGE 524 THE FOLLOWING 4 COURSES: 1) THENCE SOUTH 35°43'37" WEST, A DISTANCE OF 26.95 FEET; 2) THENCE SOUTH 11°25'14" WEST, A DISTANCE OF 84.00 FEET; 3) THENCE SOUTH 08°59'46" EAST, A DISTANCE OF 61.10 FEET; 4) THENCE SOUTH 36°29'46" EAST, A DISTANCE OF 72.30 FEET TO THE WEST RIGHT-OF-WAY LINE OF SAID HIGHWAY 85 AND THE WEST LINE OF SAID PARCEL OF LAND DESCRIBED IN BOOK 1399 AT PAGE Page 8 of 11 233 AND THE BEGINNING OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 5805.00 FEET AND A CENTRAL ANGLE OF 1°45'43" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 03°54'46" EAST 178.50 FEET; THENCE COINCIDENT WITH THE WEST RIGHT-OF-WAY LINE OF SAID HIGHWAY 85 AND THE WEST LINE OF SAID PARCEL DESCRIBED IN BOOK 1399 AT PAGE 233 THE FOLLOWING 4 COURSES: 1) THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 178.51 FEET; 2) THENCE SOUTH 04°47'46" EAST, A DISTANCE OF 225.60 FEET; 3) THENCE SOUTH 27°40'14" WEST, A DISTANCE OF 83.80 FEET; 4) THENCE SOUTH 04°48'37" EAST, A DISTANCE OF 7.22 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 8; THENCE COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 8 SOUTH 89°32'47" WEST, A DISTANCE OF 744.45 FEET TO THE SOUTHEAST CORNER OF A PARCEL OF LAND DESCRIBED AT RECEPTION NO. 2366351; THENCE COINCIDENT WITH THE WEST AND NORTH LINES OF SAID PARCEL OF LAND DESCRIBED AT RECEPTION NO. 2366351 THE FOLLOWING 2 COURSES: 1)NORTH 00°27'13" WEST, A DISTANCE OF 10.00 FEET; 2) THENCE SOUTH 89°32'47" WEST, A DISTANCE OF 446.04 FEET TO THE WEST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 18; THENCE COINCIDENT WITH THE WEST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 18 NORTH 00°10'08" EAST, A DISTANCE OF 1286.09 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 18; THENCE COINCIDENT WITH THE WEST LINE OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 18 NORTH 00°13'43" EAST, A DISTANCE OF 1322.73 FEET TO THE POINT OF BEGINNING. CONTAINING 72.6820 ACRES, MORE OR LESS. Page 9 of 11 EXHIBIT B Water Rights Appurtenant to Property Water rights Number of Shares Certificate Number(s) None None NA Page 10of11 EXHIBIT C Signed Petition for Annexation (Attached) Page 11 of 11 Hello