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Home My WebLink About20070398.tiff ®s°" cota� TOWN OF HUDSON O\ • f 557 ASH STREET, P.O. BOX 351, HUDSON, CO 80642-0351 Phone: (303) 536-9311 FAX: (303) 536-4753 www.hudsoncolorado.orq ilt February 6, 2009 Board of County Commissioners Sent via Certified Mail Weld County No. 7005 1820 0003 6903 5122 PO Box 758 Greeley , CO 80632 Re: Notice under C.R.S. 31-12-105(I)(e.3) IN COMPLIANCE WITH THE PROVISIONS OF SECTION 31-12-108(2) C.R.S., please find enclosed a copy of the published Notice, together with a copy of the Resolution and Petition concerning the annexation to the Town of Hudson of territory therein described. The provisions of annexation laws of the State of Colorado require that such mailing be made to the Board of County Commissioners of the County, the County Attorney and to each Special District or School District having territory within the area to be annexed. Thank you. Sincerely,nJ Judy Larson Town Clerk -1- Oh e_. (7(' ' icy r/11 2007-0398 'y- • Page 12 - • South Weld Sun - 'February 1,2007 CPAXLP - TRUE POINT OF BEGINNING' NORTHERLY RIGHT-OF-WAY LINE OF Section 3.My person-may appear at such TRUE NOTICE OF PUBLIC HEARING -- hearing end present ewldmoe upon any Mat- - - WELD COUNTY ROAD NO.16.5 AND THE re 1 be detemined by the Beard of Tnubu. THUS DESCRIBED TRACT CONTAINS 3.]86 EASTERLY RIGHT-OF-WAY LINE OF WELD TOALL PERSONS INTERESTED: ACRES MORE OR LESS,TOGETHER WITH COUNTY ROAD NO.47AS PRESENTLY INTRODUCED,READ and PASSED this 17th AND SUBJECT TO ALL EASEMENTS AND; - EVIDENT'AND ESTABLISHED BY USAGE; ' €I FOSETAKE NOTICE that the Board of day of January 2007. RIGHT-0F-WAY EXISTING AND/OR OF- THENCE ALONG SAID Town of Hudson has adopted PUBLIC RECORD. OF-WAY LINE THE FOLLOWING 62.14 • a Resolution Initiating annexation proceedings TOWN OF HUDSON,COLORADO - - ES:1)FEET;2)SOUTH 00'54'0]'EAST2762.14 for the Sand Oils Annexation,Said Annexation 2)OVTH 90.58'59'EAST 8n0q , being more parliwlady deaalbed In Bald• - FEET;3)THESOUTHINTERSECTION 00'55'10' 1875.53 OF Reeolulibrya copy of Which blows t110 /s/Neel POntlus SANDL GA HILLS ANNEXATION N0.1 FEETTO THE THE NOOa. - Neal Pontius,Mayor LEGA-DESCRIPTION EASTERLY RIGHT-OF-WAY LINE OF WELD ATTE COUNTY ROAD N0.47 AND THE That.on March 7.2007.at the hour MEMSAND RIGHT-OF-WAY EXISTING A PARCE OF LAND LOCATED IN SEC- NORTHERLY RIGHT-OF-WAY LINE OF 23, of 7:00,p.m,or as - soon thereafter as the AND/OR.OF PUBLIC RECORD. TIONS 25,28,35 AND 380E TOWNSHIP INTERSTATE 76;THENCE NORTH 01'1505' matter may come color hearing in the Tam ' - - 2• 2 NORTH,RANGE 65 WEST OF THE 6TH WEST 7214.51 FEET;THENCE SOUTH • PRINCIPAL MERIDIAN,COUNTY OF WELD, "00.45'45'EAST 7203.45 FEET TO THE Hall of the Town ofHudson,55]Mh Sheet, ' Hudson,Colorado,80642,the Board a STATE OF COLORADO,BEING MORE PAR- TRUE-POINT OF BEGINNING Trustees will hold a public hearing upon the SAND HILLS ANNEXATION NO.2 TIOLARLYDF$CRIBED AS FOLLOWS: annexation petition for the purpose of fimtlng LEGAL DESCRIPTION THUS DESCRIBED TRACTC SS,TOO determining whether.the property pro- COMMENCING AT THE SOUTHEAST CUR- 340.417 ACRES MORE ORLESS,TOGETH- pottedbbeannexedOwett the applicable A PARCEL OF LAND LOCATED IN THE '•NER-0F SECTION 35,WHENCE THE EAST ER WITH AND SUBJECT TO ALL EASE requirements of Colorado Mw end specifically EAST HALF OF SECTION 35ANTHE WEST LINE OF SAID SECTION 35 BEARS NORTH RENTS AND RIGHT-OF-WAY EXISTING • Cob.Rev.Slat.§§31-12-104 and 105,and Is HALF OF SECTION 36,TOWNSHIP 2 BASIS O'F BEARING F R THIS S DESC THE AND/OR OF PUBLIC RECORD. considered eligible for annexation.At such NORTH,. RANGE 65 WEST OF THE 8TH" TON, HNCE0T0'55'WESIP- hearing,any persons slay appear and present PRINCIPAL MERIDIAN.COUNTY OF WELD, 772.14 THENCE NORTH 01'0:5'55'WEST - TO A POINT ON THE such evidence as they may desire. STATE OF COLORADO,BEING MORE PAR- NORTHERLY RIGHT-OF-WAY LINE OF .DATED this i]thmy.of January.A.D.200]. TICULARLY DESCRIBED AS FOLLOWS: CAWGt0 Hold"Winning ..INTERSTATE 76;THENCE ALONG SAID OMMENCINGATTHESOl1THEASTCDR- NORTHERLY RIGHT-0F-WAY LINE SOUTH the Games RISK Published bur Mies in the South Weld Sun: NER OF SECTION 35,WHENCE EAST .40.43'04'WEST 61.82 FEET TO THE INTER- Published ' LINE OF SAID SECTION 35 BEARS NORTH SECTION OF NORTHERLY RIGHT-OF-WAY Management Workshops January252007 01'01155'WEST.SAID LINE FORMING THE LINE OF INTERSTATE]9 AND THE WEST- tOrA Agricultural Producers February 1,200] BASIS OF BEARING OF THIS DESCRIP- ERLY RIGHT-OF-WAY LINE OF WELD g COUNTY ROAD'N0.47 A5 PRESENTLY February 8.2007 TION,THENCE NORTH 01.08'55'WEST February 15,20D] : ' ( EVIDENT AND ESTABLISHED.BY USAGE The.Colorado Association of T/2.14 FEET TOA POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF AND THE TRUE POINT bF BEGINNING; Wheat (CAWG)IS hosting RESOLUTION NO. INTERSTATE 76;THENCE ALONG SAID THENCE ALONG SAID WESTERLY RIGHT- series Of'half-day workshops to help W-02 NORTHERLY RIGHT-OF-WAY LINE SOUTH 48'43'04'WEST 61.82 FEET TO THE INTER- OF-WAY LINE OF WELD COUNTY ROAD farmem and" ranchers. learn to put Series 012007 SECTION OF THE NORTHERLY RIGHT-OF- N0.4]AS PRESENTLY EVIDENT AND W er a winning.game plan for WAY LINE OF INTERSTATE]BAND THE IN11 ESTABLISHED BY USAGE,THE53'65' - marketing their drops. The free risk' • 1 TITLE: A RESOLUTION ACCEPTING THE . WESTERLY RIGHT-OF-WAY LINE OF WELD WET COURSES:F ET:2)NOnN H 00.53'58• management workshops with com • PETITION FOR ANNEXATION AND ESTAB- COUNTY ROAD NO.47 AND THE TRUE WEST 1858.42 FEET;2)NORTH 01'24'2T' p i- LISHINGMARCH7,200]ASTHEDATEOF POINT OF BEGINNING; WEST 2594.94 FEET,3)NORTH 01.24'20 medtFry lunches or dinners will be PUBLIC HEARING ON THE REQUESTED '' - WEST 2]50.10 FEET TO THEIMERSEC- held February 5-9,2007 e18 different ANNEXATION OF PARCELS OF UNINCOR- THENCENORTH 00'02'5?EAST 1843.31.' LINE OF LINE OF WELD COUNTLYRIAD NO.-WOUNTY ROAD NO. AY 47 A Sites in Colorado.The'Winning the PORATED TERRITORY LOCATED IN THE FEET,THENCE SOUTH 01'51'36'EAST THE-SOUTHERLY RIGHT-OF-WAY LINE OF Game, workshop for Weld County COUNTY OF WELD(SAND HILLS ANNEXA- 1854.2]FEET TO THE INTERSECTION OF WELD COUNTY ROAD NO.16.5AS. --- area producers-will be held at.the. - •TIONS)'- _ ' THE EASTERLY RIGHT-0F WAV LINEOF• PRESENTLY EVIDENT AND ESTABLISHED Pepper Pod lniudson at 9:30a,m.on K l of uNnmrparaled-- - WELD COUNTY ROADN047 AND`" BY USAGE;THENCE ALONG SAID WHEREAS the awnNORTHERLY RIGHT-OF-WAY LINE OF SOUTHERLY RIGHT-OF-WAY LINE SOUTH Friday,February 9,2007. - territory,camprNing more than fifty percent INTERSTATE 78;THENCE NORTH 05.36'43' ..Each 'Winning (50%)either area proposed for annexation WEST 378.28 FEET THENCE SOUTH ' INTERSECTION 2592.E SOUT.HO THE 9'the keydo- pursuanttoC.RS.§31-12-107,have tllede 03'54'4T WEST 365.33 FEET TO THE TRUE RIGHT' F'WONOFTOF WELDSOUT COUNTY RUY manta Will examine marketing plan. tan and petton for annexation(the'Petition')of a can POINT OF BEGINNIN0. RIGHT-0E-WAY'AND OF WELD NORTH-SOUTH manic of a-solid marketing plan and taln unincorporated property to the Town, - - - ROAD NO.16.5 AND THE NORT HENCE SNOW how Crop insurance, target which territory is more particularly described in - HUS,DESCRIBED TRACT CONTAINS,1.045 CENTERLINE OF SECTION Z6;THENCE Exhibit Aattached to the Petition and ACRES MORE OR I FCS;TOGETHER WITH ALONG SAID NORTHOOLIngO1'0 CENTERLINE . prices and h¢dslan dates can work AND SUBJECT TO ALL F4SFMENTS AND OF SECTION 26 SOUTH 61.03'33'EAST era rrt helpd Nral pnlduc- WHEREAS,C.R.S.§31-12-108 requires that RIGHT-OF-WAY EXISTING AND/OR OF 2626.30 FEET TO THE SOUTH ONE-0UAR- secureagoad average pricecars for the Town accept the Petition and establish a PUBLIC RECORD. . TER CORNER OF SECTION 26 THENCE their •crop. A9ricoltural producers will date,time and place that the Board of _ ALONG THE SOUTH LINE OF THE SOUTH- write their own marketing Ian and Trustees will hold a pubtic heeling to consider 'WEST QUARTER OF SECTION 26 NORTH g p the annexation and the various requlmmml9 - 69'65'5?WEST 2636]2 FEET TO THE then Implemente,in a reallshc market of Title 31;Article 12.D.RS.;and SAND HILLS ANNEXATION N0.3 SOUTHWEST CORNER OF SECTION 28; Simulation game. • THENCE ALONG THE WEST LINE OF THE LEGAL DESCRIPTION NORTH oldl QUARTER OF SECTION 26 'Winning the Game' WOfk- WHEREAS the Board 17.200f es, NORTH 01.1335'WEST 2882 an FEET TO shops will be led by Keith Banta from at its regular meeting on January 17,200], A PARCEL OF LAND LOCATED IN THE, THE WEST ONE-QUARTER CORNER OF CdgingHedging,lna(Wobrokentry- reviewetl the Petition and various documents EAST HALF OF SECTION 28,THE WEST SECTION 26;THENCE ALONG THE WEST had is com a full sefvlce brokerage -submitted in supped al the Maim;cad and HALF OF SECTION 25,THE EAST HALF OF LINE OF THE NORTHWEST QUARTER OF g k ) work- WHEREAS,It has been band and determined SECTION 35 AND THE WEST HALF OF SECTION 26 NORTH 01'1323'WESTthat and risk management grm.The cablOre applicant has complied with the au*In H, 38,ALLBEING IN TOWNSHIP 2 2693.24 FEET TO THE INTERSECTION OF - shop is made.possible through sp00- cable procedural requirements as Droned In NORTH,RANGE 65 WEST OF THE 6TH THE EXIENSTIOH OF THE LINE OF Colorado, of Farm Credit of resita Southern Ttie31,Add.12,C.R.S.,in connection with .PRINCIPAL MERIDIAN,COUNTY OF WELD, THE NORTHWESTQUARTER FTHEWEST SECTION.Oro Felton. - STATE OF COLORADO,BEING MORE PAR- LI6NEDAND THE NORTHERLY RIGHT-OF-WAY CO GradO, Premier Fenn Credit apk NOW THEREFORE BE IT RESOLVED BY TICULARLY DESCRIBED AS FOLLOWS: LINE OF WELD COUNTY ROAD NO.18; local crop insurance agents with THE BOARD OF TRUSTEES OF THE TOWN COMMENCING AT SOUTHEAST OR-• FTHENCE ALONG THE NORTHERLY RIGHT- assistance from the Risk OF HUDSON,COLORADO,AS FOLLOWS: ;-NER OF SECTION 35,WHENCE THE EASTO NO BELIINE G 30F WELD NORTH OCOUNTY ROAD Management register for(RMA).. N0 18 BEING 30 FEET OF AND LINE OF SAID SECTION 35 BEARS NORTH To mgisler this - Work- Sec0onl.That the Patton le hereby accepted OA-06'55-WEST,SAID LINE FORMING THE NH QUL WITH QUARTHE ER ,37 FE T THE shop, or for more information, call and foundb be in substantial compliance with BASIS OF BEARING OF THIS DESCRIP- NORTHWEST52'EAT R O 9.37 FEET O NORTH 09.455T EAST 2729.37 FEET TO CAWG at 1-800-WHEAT-10.' -' the requirements of Me 3t.,Article 12,C.R.S. TION,THENCE NORTH 01'06'55-WEST THE INTERSECTION OF THE NORTHERLY \ 772.14 FEET TO A POINT ON THE RIGHTAGWAY LINE OF WELD COUNTY Section 2.Mat e publk hewing to consider NORTHERLY RIGHT-OF-WAY LINE OF ROAD NO.164NDTIHE EASTERLY RIGHT .,' the7.O Mellon is Tow,ledla March 7,2007,a1 INTERSTATE 7&THENCE ALONG SAID OF-WAYLNE OF WELD COUNTY ROAD 7a0 pm.,at the Town of Hudson Town Heft NORTHERLY RIGHT-OF-WAY LINE SOUTH NO.45.5 AS PRESENTLY EVIOENTAND which is located at 557 Ash Street.Hudson, 46.43'04'WEST 81.82 FEET TO THE TRUE Colorado,80842,to determine 0 the proposed POINT OF BEGINNING; SAIDE ESTABLISHED BYRIGHTUSAG-OF-WAY LINE ALONG nation complies with C.R.S§§31-12-- SOUTH057'4E RIGHT-OF-WAY is 104 and 3112105 or such parts thereof as THENCE NORTH 004545-WEST 7203.45 SOUTH ERSECTI EAST 2]20.68 STETTO may be required.to establish eligibility under FEET,THENCE SOUTH 01.15'05'EAST THEIMERSEY LINE OF THE EASTERLY the tame of Title 31 ?tide 12,Part 1,as 7214.61 FEET TO THE INTERSECTION OF RIGHT-0F-WAY INEOF WELD COUNTY amended,Mow n as the Mundpal Annexation' THE EASTERLY RIGHT-OF-WAY LINE OF RIGHT OF.45.5 AND THE NORTHERLY Ad of 1985 and the Constitution f the State WELD COUNTY ROAD NO.47 AND RIGHT-OF-WAY LINE OF WELD COVNTY p f of Colo ado Alde II Section 30 as amend-. NORTHERLY RIGHLOF-WAY LINE OF ROAD N ESTABLISHED S PRESENTLY EVIDENT .} I F AND ABLISH BY USAGE THENCE ed - - INTE WEST WEST 1TATE 78;THENCE NORTH 01.51'30• ALONG SAID NORTHERLY RIGHT-OF-WAY J CPAXLP • 1854.2]FEET,THENCE OUTH' LINE OR 89'162 T EAST 26035]FEE OPU251'WEST 1843.31 FEET TO THE TO THE INTERSECTION OF THE • { RESOLUTION NO. 07-02 Series of 2007 TITLE: A RESOLUTION ACCEPTING THE PETITION FOR ANNEXATION AND ESTABLISHING MARCH 7, 2007 AS THE DATE OF PUBLIC HEARING ON THE REQUESTED ANNEXATION OF PARCELS OF UNINCORPORATED TERRITORY LOCATED IN THE COUNTY OF WELD (SAND HILLS ANNEXATIONS) WHEREAS, the owner(s) of unincorporated territory, comprising more than fifty percent (50%) of the area proposed for annexation pursuant to C.R.S. § 31-12-107, have filed a petition for annexation (the "Petition") of a certain unincorporated property to the Town, which territory is more particularly described in Exhibit A attached to the Petition; and WHEREAS, C.R.S. § 31-12-108 requires that the Town accept the Petition and establish a date, time and place that the Board of Trustees will hold a public hearing to consider the annexation and the various requirements of=Title 31, Article 12, C.R.S.; and WHEREAS the Board of Trustees, at its regular meeting on January 17, 2007, reviewed the Petition and various documents submitted in support of the Petition; and WHEREAS, it has been found and determined that the applicant has complied with the applicable procedural requirements as provided in Title 31, Article 12, C.R.S., in connection with the Petition. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF HUDSON, COLORADO, AS FOLLOWS: Section 1. That the Petition is hereby accepted and found to be in substantial compliance with the requirements of Title 31, Article 12, C.R.S. Section 2. That a public hearing to consider the Petition is scheduled for March 7, 2007, at 7:00 p.m., at the Town of Hudson Town Hall, which is located at 557 Ash Street, Hudson, Colorado, 80642, to determine if the proposed annexation complies with C.R.S. §§ 31-12-104 and 31-12-105 or such parts thereof as may be required to establish eligibility under the terms of Title 31, Article 12, Part 1, as amended, known as the Municipal Annexation Act of 1965, and the Constitution of the State of Colorado, Article II, Section 30, as amended. 02/06/07 P:WT--D ON NT SERVERIBOTMEETINGSV.17.07 ROT MEETINGISUBSTANTIAL_COMPLIANCE-3A.DOC a Section 3. Any person may appear at such hearing and present evidence upon any matter to be determined by the Board of Trustees. w INTRODUCED,READ and PASSED this/47----day of 2007. ©c },� : TOWN OF HUDSON, COLORADO et ti0 Neal Pontius,Mayor ATTEST: • - I y Larso , Town Clerk 2 01/17/07 PINT--D ON NT SERVERIBOTMEE77NGSI1.17.07 BOTMEETINGISUBSTAN77AL_COMPLIANCE-3A.DOC I Sand Hills Annexation Petition EXHIBIT"A" Legal Description Owner Annexation# 1 Weld County,Co. (Right of Way) Annexation#2 Weld County, Co. (Right of Way) Annexation#3 Weld County, Co. (Right of Way) Annexation#4 Hudson 320 General Partnership Weld County Co.(adjacent Eight of Way) • • f_it] TETRA TECH,INC. SAND HILLS ANNEXATION NO. 1 'LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 35 AND THE WEST HALF OF SECTION 36, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 35,WHENCE THE EAST LINE OF SECTION 35 BEARS NORTH 01°06'55"WEST,SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION;THENCE NORTH (11°06'55"WEST 705.24 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 76 AND THE TRUE POINT OF BEGINNING; ' THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 76 THE FOLLOWING 2 COURSES: 1) NORTH 01°06'55"WEST 66.90 FEET;2)SOUTH 46°43'04"WEST 61.82 FEET TO THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 76 AND THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 47;THENCE NORTH 03°54'47"EAST 365.33 FEET;THENCE SOUTH 05°36'43" EAST 376.26 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 47 AND THE NORTHERLY RIGHT-OF- WAY LINE OF INTERSTATE 76;THENCE.ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 46°43'04"WEST 21.18 FEET TO THE TRUE POINT OF BEGINNING. THUS DESCRIBED TRACT CONTAINS 0.238 ACRES MORE OR LESS,TOGETHER WITH AND SUBJECT TO ALL EASEMENTS AND RIGHT-OF-WAY EXISTING AND/OR OF PUBLIC RECORD. of DATE J/ Jci 7 : •Y•NT, I 4Cr O PLS NO.20673 Fst... •N :EH[t $ T RATECHRMC I'? 'eN I •f A�`.c; . . • SHEET 1OF1 01/15/07 R:15234_001 PRISON\Documents\Le als\Sand Hill Annex 1 LH.doc 1900s.Sunsetstreetsuite1-F Longmont C080501 9 Tel_303.7725282 Fax 303.7717039 Www.tetratech.com libTETRA TECH,INC. SAND HILLS ANNEXATION NO. 2 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 35 AN THE WEST HALF OF SECTION 36, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 35,WHENCE THE EAST LINE OF SAID SECTION 35 BEARS NORTH 01°06'55"WEST, SAID LINE FORMING THE BASIS OF BEARING OF THIS DESCRIPTION, THENCE NORTH 01°06'55"WEST 772.14 FEET TO A POINT ON THE NORTHERLY • RIGHT-OF-WAY LINE OF INTERSTATE 76;THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 46°43'04"WEST 61.82 FEET TO THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 76 AND THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 47 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 00°02'51" EAST 1843.31 FEET;THENCE SOUTH 01°51'38" EAST 1854.27 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 47 AND NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 76;THENCE NORTH 05°36'43"WEST 376.26 FEET; THENCE SOUTH 03°54'47"WEST 365.33 FEET TO THE TRUE POINT OF BEGINNING. THUS DESCRIBED TRACT CONTAINS 1.045 ACRES MORE OR LESS,TOGETHER WITH AND SUBJECT TO ALL EASEMENTS AND RIGHT-OF-WAY EXISTING AND/OR OF PUBLIC RECORD. a DATE: I / 6I 6 7 PET BRYANT, CO * PLS NO.20673 FOR ,ON BEHALF Ot TECH RMC aPs ��'YAlt f � • SHEET 1 OF 1 01/15/07 R:\5234_001 PRISON\Documents\Le als\Sand Hill Annex 2 LH.doc 19005.sunsetstreet,su3.77ite 2 Longmont,30 3727CO 031 9Tel:303.7715282 Fax tratech.com www.tetrttech.com • TETRA TECH,INC. SAND HILLS ANNEXATION NO. 3 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 26,THE WEST HALF OF SECTION 25,THE EAST HALF OF SECTION 35 AND THE WEST HALF OF SECTION 36,ALL BEING IN TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 35,WHENCE THE EAST LINE OF SAID SECTION 35 BEARS NORTH 01°06'55"WEST,SAID LINE FORMING THE BASIS OF BEARING OF THIS DESCRIPTION,THENCE NORTH 01°06'55"WEST 772.14 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 76;THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 46°43'04"WEST 61.82 FEET TO THE TRUE POINT OF BEGINNING; • THENCE NORTH 00°45'45"WEST 7203.45 FEET;THENCE SOUTH 01°15'05" EAST 7214.51 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO.47 AND NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 76;THENCE NORTH 01°51'38"WEST 1854.27 FEET; THENCE SOUTH 00°02'51"WEST 1843.31 FEET TO THE TRUE POINT OF BEGINNING. THUS DESCRIBED TRACT CONTAINS 3.786 ACRES MORE OR LESS,TOGETHER WITH AND SUBJECT TO ALL EASEMENTS AND RIGHT-OF-WAY EXISTING AND/OR OF PUBLIC RECORD. �R Etli P0 E o �:� A BIf y •P >„ • , r1___ DATE: I / /c,/07 PE1,k A. B '� COL,e,{ ,' O PL NO.20673 FOF8eO ON BEHALF VEL..r RA TECH RMC �a kIiialkei • • SHEET 1OF1 01/15/07 • R:\5234_001 PRISON\Documents\Le als\Sand Hill Annex 3 LH.doc 1sp45=sunsets-045 io2ymo e sosol 9 - • `l`e 3o Z72S282 Fax303 mini [lib: . TETRA TECH,INC. • SAND HILLS ANNEXATION NO.4 LEGAL DESCRIPTION • A PARCEL OF LAND LOCATED IN SECTIONS 23,25, 26, 35 AND 36 OF TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 35,WHENCE THE EAST LINE OF SAID SECTION 35 BEARS NORTH 01°06'55"WEST, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION,THENCE NORTH 01°06'55"WEST 772.14 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 76;THENCE ALONG SAID NORTHERLY RIGHT- OF-WAY LINE SOUTH 46°43'04"WEST 61.82 FEET TO THE INTERSECTION OF NORTHERLY RIGHT- OF-WAY LINE OF INTERSTATE 76 AND THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO.47 AS PRESENTLY EVIDENT AND ESTABLISHED BY USAGE AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO.47 AS PRESENTLY EVIDENT AND ESTABLISHED BY USAGE,THE FOLLOWING 3 COURSES: 1) NORTH 00°53'58"WEST 1858.42 FEET;2) NORTH 00°53'27"WEST 2594.94 FEET; 3) NORTH 01°24'28"WEST 2750.18 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 47 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 16.5 AS PRESENTLY EVIDENT AND ESTABLISHED BY USAGE;THENCE ALONG SAID SOUTHERLY RIGHT- OF-WAY LINE SOUTH 89°13'14"WEST 2592.66 FEET TO THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 16.5 AND'THE NORTH-SOUTH CENTERLINE OF SECTION 26;THENCE ALONG SAID NORTH-SOUTH CENTERLINE OF SECTION 26 SOUTH 01°03'33" EAST 2626.30 FEET TO THE SOUTH ONE-QUARTER CORNER OF SECTION 26;THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 26 NORTH 89°05'59"WEST 2638.72 FEET TO THE SOUTHWEST CORNER OF SECTION 26;THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 26 NORTH 01°13'35"WEST 2662.60 FEET TO THE WEST ONE- QUARTER CORNER OF SECTION 26;THENCE ALONG THE WEST LINE OF THE NORTHWEST • QUARTER OF SECTION 26 NORTH 01°13'23"WEST 2693.24 FEET TO THE INTERSECTION OF THE EXTENSTION OF THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 26 AND THE -NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 18;THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 18 BEING 30 FEET NORTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 26 NORTH 89°46'52" EAST 2729.37 FEET TO THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 18 AND THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 45:5 AS PRESENTLY EVIDENT AND ESTABLISHED BY USAGE;THENCE ALONG SAID • EASTERLY RIGHT-OF-WAY LINE SOUTH 00°57'40" EAST 2720,88 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO.45.5 AND THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 16.5 AS PRESENTLY EVIDENT AND ESTABLISHED BY USAGE;THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 89°18'20" EAST 2603.57 FEET TO THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 16.5 AND THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 47 AS PRESENTLY EVIDENT AND ESTABLISHED BY USAGE;THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING 3 COURSES: 1)SOUTH 00°54'07" EAST 2762.14 FEET; 2) SOUTH 00°56'59" EAST 2631.84 FEET; 3)SOUTH 00°55'10" EAST 1875.53 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO.47 AND THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 76;THENCE NORTH 01°15'05"WEST 7214.51 FEET;THENCE SOUTH 00°45'45" EAST 7203.45 FEET TO THE TRUE POINT OF BEGINNING. SHEET 1 OF 2 01/15/07 T S'SimsetSftee[$U;Ste'k dresin ft,;.€ 0567 R:\5234_001 PRISON\Documents\Legals\Sand Hill Annex 4 LH.doc .- - Tel:io3nz ₹aa-r 3o3;r 70SI '147 :inC'tY.�+,-F✓:fe'trteP.•con} (It- - 1 TETRA.TECH, INC. THUS DESCRIBED TRACT CONTAINS 340.417 ACRES MORE OR LESS, TOGH HER WITH AND SUBJECT TO ALL EASEMENTS AND RIGHT-OF-WAY EXISTING AND/OR OF PUBLIC RECORD. /4SsZ(G:i ":7*P°0 `✓tea1 7 DATE: .1 1 c> 1 0 -7 ._ P - .A. B ANT, CO) D PLS NO.20673 I FO 1fQ ON BEHALF, -,E I TECH RMC A t f • SHEET 2 OF 2 01/15/07 PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF HUDSON, COLORADO RE: PROPERTY KNOWN AS THE Sand Hills Annexation The undersigned owners of more than fifty percent(50°%)of property proposed to be annexed, exclusive of streets and alleys, which property is described in Exhibit"A", attached hereto and made a part of, hereby petition the Town of Hudson, Colorado for annexation of the property described in Exhibit"A" (the "Property"), in accordance with the provisions of Title 31,Article 12, Part 1, C.R.S. In support of this petition, petitioners further state: 1. That it is desirable and necessary that the Property be annexed to the Town of Hudson, Colorado. 2. The requirements of the applicable provisions of Sections 31-12-104 and 31-12-105, C.R.S. exist or have been met. 3. Not less than one-sixth (1/6) of the perimeter of the Property is/will be contiguous with the existing boundaries of the Town of Hudson, Colorado. 4. A community of interest exists between the Property and the Town of Hudson, Colorado. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated or is capable of being integrated with the Town of Hudson, Colorado. 7. In establishing the boundaries of the Property, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate has been divided into separate parts or parcels without the written consent of the landowner unless separated by a dedicated street, road, or other public way. 8. No land held in identical ownership comprising twenty (20) acres or more and which, together with the buildings and improvements situated thereon, has a valuation for assessment in excess of$200,000.00 for ad valorem tax purposes for the - 1 - preceding tax year has been included in boundary of the Property without the written consent of the landowner or landowners. 9. No annexation proceedings have been commenced for the annexation to another municipality of part or all of the territory proposed to be annexed. 10. Annexation of the Property will not result in the detachment of area from any school district and the attachment of same to another school district. 11. Upon the effective date of the Annexation Ordinance, all lands within the Property shall become subject of all ordinances,resolutions,rules and regulations of the Town of Hudson. 12. Petitioners are owners of more than fifty percent (50%) of the territory included in the area proposed to be annexed, exclusive of streets and alleys, and comprise more than fifty percent (50%) of the landowners of such area, and are, in fact owners of one hundred percent(100%)of the area proposed to be annexed,exclusive of streets and alleys and said owners attesting to the facts and agreeing to the conditions herein will negate the necessity of an annexation election. 13. Accompanying this petition are four (4) copies of an annexation map showing the seal of a registered engineer or land surveyor, containing: a. A written legal description of the boundaries of the area proposed to be annexed; b. A map showing the boundary of the Property and the boundary of the Property continuous with the Town of Hudson and any other municipality abutting the Property; c. The location of each ownership tract of unplatted land, and, with respect to any area which is platted,the boundaries and the plat numbers of plots or lots and blocks; d. The total acreage, more or less, of the Property; e. The total length of the perimeter of the boundary of the Property and the length of the boundary of the Property contiguous with the Town of Hudson. 14. No part of the area proposed to be annexed is more than three (3) miles - 2 - from a point on the municipal boundary, as such was established more than one year before this annexation will take place. 15. The area proposed to be annexed is located within Weld County, Weld County School District Re 3 (J), Hudson Fire Protection District, and the following districts:Weld Library;Aims College; Central Colorado Water,Lost Creek Ground Water and Central Colorado Water Conservation. 16. The mailing address of each signer,the legal description of the land owned by each signer and the date of signing of each signature are all shown on this Petition. 17. The territory to be annexed is not presently a part of any incorporated city, city and county, or town. 18. Petitioners understand that connection to the water system of the Town requires inclusion into the Northern Colorado Water Conservancy District, and the Municipal Subdistrict, Northem Colorado Water Conservancy District. Failure to provide such services to the Property shall not be cause for disconnection of the Property at any future time. 19. As an express condition of annexation, landowner consents to inclusion of the area described in Exhibit"A"into the Northern Colorado Water Conservancy District ("District) pursuant to Section 37-45-136 (3.6), C.R.S. Landowner acknowledges that, upon inclusion in the District,landowner'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 at the time of inclusion of landowner's lands. Landowner agrees to waive any right to an election which may exist to require an election pursuant to article X, §20 of the Colorado Constitution before the District can impose such mill levies and special assessments as it has the authority to impose. Landowner also agrees to waive, upon inclusion, any right which may exist to a refund pursuant to article X, § 20 of the Colorado Constitution. 20. As an express condition of annexation, landowner consents to inclusion of the area described in Exhibit"A"into the Municipal Subdistrict,Northern Colorado Water Conservancy District ("Subdistrict') pursuant to Section 37-45-136 (3.6), C.R.S. Landowner acknowledges that,upon inclusion in the Subdistrict,landowner'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 Subdistrict at the time of inclusion of landowner's lands. Landowner agrees to waive any right to an election which may exist to require an election pursuant to article X,§20 of the Colorado Constitution before the - 3 - Subdistrict can impose such mill levies and special assessments as it has the authority to impose. Landowner also agrees to waive,upon inclusion,any right which may exist to a refund pursuant to article X, § 20 of the Colorado Constitution. 21. No vested rights to use or to develop the Property in any articular way, as defined in Section 24-68-101 et seq., C.R.S. have been requested by Petitioners from any governmental entity. Petitioners waive any vested land use rights attached to any or all of the Property. 22. The petitioners acknowledge that upon annexation of the Property to the Town,the Property,the owners thereof,and uses thereon will be subject to all taxes and fees imposed by the Town. Provided however, petitioner Colorado Department of Transportation shall not be subject to taxes or fees levied by the Town from which they are exempt by Colorado law. The Property,the owners hereof and the uses thereon are also bound by any voter authorization under Art.X, §20 adopted prior to annexation of the Property. The petitioners waive any claims they may have under Art. X, §20 of the Colorado Constitution related to such taxes and fees. Therefore, your petitioners respectfully request that the Board of Trustees of the Town of Hudson, Colorado, approve the annexation of the Property. - 4 - AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and says: That(he or she)was the circulator of the foregoing Petition for Annexation of lands to the Town of Hudson, Colorado, consisting of five(5) pages, including this page and that each signature thereon was witnessed by your affiant and is the true signature of the person whose name it purports to be. Circulator: aid r STATE O COLORADO ) ) ss. COUNTY OF BOULDER ) The foregoing Affidavit of Circulator was subscribed and sworn to before me this i r day of January, 2007 by bnoma e.. STe4/1 e My Commission expires: �' d �,�. `Paiu c i c �j4 J gip\A [S E A L) rt.ref j ��ye Notary Public rty<y� PUBIS?0,1 - My Commission Expires L- -. - 5 - O C N o a l0 a � 0 d c v 0 o V t a C < 3 5 N O CO O O O O o a o a O 3 `N Q o a c� Q .E N C .1 N U I- n CO C O� T.- 03 �o a z 0 0 co m a `o N 2N o 7 aci E W O C C c o Z rn � M > O N � c F- o o W a m Sand Hills Annexation Petition EXHIBIT"A" Leaal Description Owner Annexation# 1 Weld County,Co. (Right of Way) Annexation#2 Weld County, Co. (Right of Way) Annexation#3 Weld County, Co. (Right of Way) Annexation#4 Hudson 320 General Partnership Weld County Co.(adjacent Right of Way) hit: TETRA TECH,INC. • SAND HILLS ANNEXATION NO. 1 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 35 AND THE WEST HALF OF SECTION 36, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 35, WHENCE THE EAST LINE OF SECTION 35 BEARS NORTH 01°06'55"WEST, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE NORTH 01°06'55"WEST 705.24 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 76 AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 76 THE FOLLOWING 2 COURSES: 1) NORTH 01°06'55"WEST 66.90 FEET; 2) SOUTH 46°43'04"WEST 61.82 FEET TO THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 76 AND THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 47; THENCE NORTH 03°54'47" EAST 365.33 FEET; THENCE SOUTH 05°36'43" EAST 376.26 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 47 AND THE NORTHERLY RIGHT-OF- WAY LINE OF INTERSTATE 76;THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 46°43'04"WEST 21.18 FEET TO THE TRUE POINT OF BEGINNING. THUS DESCRIBED TRACT CONTAINS 0.238 ACRES MORE OR LESS, TOGETHER WITH AND SUBJECT TO ALL EASEMENTS AND RIGHT-OF-WAY EXISTING AND/OR OF PUBLIC RECORD. 6® **s .. BR •• Yoe ' =z ds. v\ DATE: /I lc,/ O , P::'w R A. BRYANT, • R O PLS NO.20673 F. ' 41,Q ON BEHA a t^` T7 RA TECH RMC SHEET 1 OF 1 01/15/07 1900 S.Sunset Street,Suite 1-F Longmont,CO 80501 R:\5234_001 PRISON\Documents\Legals\Sand Hill Annex 1 LH.doc Tel:303.7725282 Fax 303.772.7039 www.tetratech.com (Mt) TETRA TECH, INC. SAND HILLS ANNEXATION NO. 2 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 35 AN THE WEST HALF OF SECTION 36, TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 35, WHENCE THE EAST LINE OF SAID SECTION 35 BEARS NORTH 01°06'55"WEST, SAID LINE FORMING THE BASIS OF BEARING OF THIS DESCRIPTION, THENCE NORTH 01°06'55"WEST 772.14 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 76; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 46°43'04"WEST 61.82 FEET TO THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 76 AND THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 47 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 00°02'51" EAST 1843.31 FEET; THENCE SOUTH 01°51'38" EAST 1854.27 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 47 AND NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 76; THENCE NORTH 05°36'43"WEST 376.26 FEET; THENCE SOUTH 03°54'47"WEST 365.33 FEET TO THE TRUE POINT OF BEGINNING. THUS DESCRIBED TRACT CONTAINS 1.045 ACRES MORE OR LESS, TOGETHER WITH AND SUBJECT TO ALL EASEMENTS AND RIGHT-OF-WAY EXISTING AND/OR OF PUBLIC RECORD. (0/w T . .1. ji DATE: 1 6/ O 7 • PET ,. BRYANT, COL PLS NO.20673 FOR ,ON BEHALF O A TECH RMC 4fo% *A I t P N!) SHEET 1 OF 1 01/15/07 R:\5234 001 PRISON\Documents\Le als\Sand Hill Annex 2LH.doc 19005.SunsetSireet,Suel-F282Fa : 027039 — 9Tel:303.772.5282 Fax 303.772.7039 www.tetratech.com (INIbi TETRA TECH,INC. SAND HILLS ANNEXATION NO. 3 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 26, THE WEST HALF OF SECTION 25, THE EAST HALF OF SECTION 35 AND THE WEST HALF OF SECTION 36, ALL BEING IN TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 35, WHENCE THE EAST LINE OF SAID SECTION 35 BEARS NORTH 01°06'55"WEST, SAID LINE FORMING THE BASIS OF BEARING OF THIS DESCRIPTION, THENCE NORTH 01°06'55"WEST 772.14 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 76; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 46°43'04"WEST 61.82 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00°45'45"WEST 7203.45 FEET; THENCE SOUTH 01°15'05" EAST 7214.51 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 47 AND NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 76; THENCE NORTH 01°51'38"WEST 1854.27 FEET; THENCE SOUTH 00°02'51"WEST 1843.31 FEET TO THE TRUE POINT OF BEGINNING. THUS DESCRIBED TRACT CONTAINS 3.786 ACRES MORE OR LESS, TOGETHER WITH AND SUBJECT TO ALL EASEMENTS AND RIGHT-OF-WAY EXISTING AND/OR OF PUBLIC RECORD. ip®p RE Cis" @ t DATE: / /fsi0 7 PE 'S7gA. B Col, O PL NO.20673 FOR% ON BEHALF m • RA TECH RMC _ 0A A I 4r SHEET 1 OF 1 01/15/07 R:\5234_001 PRISON\Documents\Le als\Sand Hill Annex3 LH.doc 19005.SunsetStreetsuite1-F Longmont,CO 80501 9 - Tel:303.7725282 Fax:303:7727039 www.cetratech.com fib) TETRA TECH,INC. SAND HILLS ANNEXATION NO. 4 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN SECTIONS 23, 25, 26, 35 AND 36 OF TOWNSHIP 2 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 35,WHENCE THE EAST LINE OF SAID SECTION 35 BEARS NORTH 01°06'55"WEST, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION, THENCE NORTH 01°06'55"WEST 772.14 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 76; THENCE ALONG SAID NORTHERLY RIGHT- OF-WAY LINE SOUTH 46°43'04"WEST 61.82 FEET TO THE INTERSECTION OF NORTHERLY RIGHT- OF-WAY LINE OF INTERSTATE 76 AND THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 47 AS PRESENTLY EVIDENT AND ESTABLISHED BY USAGE AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 47 AS PRESENTLY EVIDENT AND ESTABLISHED BY USAGE, THE FOLLOWING 3 COURSES: 1) NORTH 00°53'58"WEST 1858.42 FEET; 2) NORTH 00°53'27"WEST 2594.94 FEET; 3) NORTH 01°2428"WEST 2750.18 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 47 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 16.5 AS PRESENTLY EVIDENT AND ESTABLISHED BY USAGE; THENCE ALONG SAID SOUTHERLY RIGHT- OF-WAY LINE SOUTH 89°13'14"WEST 2592.66 FEET TO THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 16.5 AND THE NORTH-SOUTH CENTERLINE OF SECTION 26; THENCE ALONG SAID NORTH-SOUTH CENTERLINE OF SECTION 26 SOUTH 01°03'33" EAST 2626.30 FEET TO THE SOUTH ONE-QUARTER CORNER OF SECTION 26; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 26 NORTH 89°05'59"WEST 2638.72 FEET TO THE SOUTHWEST CORNER OF SECTION 26; THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 26 NORTH 01°13'35"WEST 2662.60 FEET TO THE WEST ONE- QUARTER CORNER OF SECTION 26; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 26 NORTH 01°13'23"WEST 2693.24 FEET TO THE INTERSECTION OF THE EXTENSTION OF THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 26 AND THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 18; THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 18 BEING 30 FEET NORTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 26 NORTH 89°46'52" EAST 2729.37 FEET TO THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 18 AND THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 45.5 AS PRESENTLY EVIDENT AND ESTABLISHED BY USAGE; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE SOUTH 00°57'40" EAST 2720.88 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 45.5 AND THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 16.5 AS PRESENTLY EVIDENT AND ESTABLISHED BY USAGE; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 89°18'20" EAST 2603.57 FEET TO THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 16.5 AND THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 47 AS PRESENTLY EVIDENT AND ESTABLISHED BY USAGE; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING 3 COURSES: 1) SOUTH 00°54'07" EAST 2762.14 FEET; 2) SOUTH 00°56'59" EAST 2631.84 FEET; 3) SOUTH 00°55'10" EAST 1875.53 FEET TO THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 47 AND THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 76; THENCE NORTH 01°15'05"WEST 7214.51 FEET; THENCE SOUTH 00°45'45" EAST 7203.45 FEET TO THE TRUE POINT OF BEGINNING. SHEET 1 OF 2 01/15/07 R\5234_001 PRISON\Documents\Legals\Sand Hill Annex 4 LH.doc 1900 S.Sunset Street,Suite 1-FLongniontcO80501 Tel.303.7725282 Fax 303.772.7039 W WW.tetratech.com ItTETRA TECH, INC. THUS DESCRIBED TRACT CONTAINS 340A17 ACRES MORE OR LESS, TOGETHER WITH AND SUBJECT TO ALL EASEMENTS AND RIGHT-OF-WAY EXISTING AND/OR OF PUBLIC RECORD. ,e--1,,,'Oq A E O4 i,. - ®eeeeee e « DATE: j i 6 0 7 PET ' ,A. B ANT, COIF D PLS N .20673 FOR. r ON BEHALF,Pr- ET TECH RMC k)� e°e •ee SHEET 2 OF 2 01/15/07 4.009014 coLii TOWN OF HUDSON 557 ASH STREET, P.O. BOX 351, HUDSON, CO 80642-0351 Phone: (303) 536-9311 FAX: (303) 536-4753 �� _ www.hudsoncolorado.orq Est,MS______yFebruary 14, 2009 Board of County Commissioners Sent via Certified Mail Weld County No. 7005 1820 0003 6904 3035 PO Box 758 Greeley , CO 80632 Re: Notice under C.R.S. 31-12-108.5 Dear Commissioners, IN COMPLIANCE WITH THE PROVISIONS OF SECTION 31-12-108.5 C.R.S., please find enclosed an annexation impact report for the proposed Sand Hills Annexation. The provisions of annexation laws of the State of Colorado require that such mailing be made to the Board of County Commissioners. Please contact me if you have any questions. S. cer- y, Jos h A. Racine Town Administrator attachment -1- Sand Hills Annexation Impact Report Town of Hudson, Colorado February 14, 2007 The following items are addressed pursuant to CRS31-12-108.5: 1. Attached is a copy of the Sand Hills Annexation plat maps, showing the existing Town of Hudson boundaries and the acreage proposed for annexation. Also attached is a vicinity map, showing the area proposed for annexation and the locations from which water and sanitary sewer services will be provided. The property is within the Town's 3-mile annexation plan. Note that the proposed annexation includes segments of County Roads 47 and 16.5 in order to achieve the required contiguity. The current land use on the site is vacant/agricultural grazing. Proposed land use for the property includes approximately 126 acres I-3 (industrial) specifically a private correctional facility and 198 acres of I-1 (industrial) with the uses to be determined at a future date and upon completing the Town of Hudson's subdivision process. Land surrounding the site is agricultural with the exception of an existing gas plant north of the property on the north side of County Road 18. The proposed update to the Town's comprehensive plan does not propose any changes of use on surrounding lands. The property proposed for annexation is adjacent to and will be accessed from WCR(Weld County Road) 16 %2. Access to WCR 16 %2 is via WCR 47 and the Colorado State Frontage road west of Interstate 76. County roads being annexed will be paved by the developer and will be incorporated into the municipal street system. As the property is subdivided within the Town there will likely be additional streets platted and improved by the developer. Domestic water service will be provided by the Town of Hudson thought the existing system east of I-76. Sanitary sewer service will be provided via the installation of a sewer main and lift station from the property in a generally southern direction to the Town's existing lagoon system. 2. The Town is currently in negotiations with the petitioner's representatives regarding terms of an annexation agreement. A copy of the current rough draft of the annexation agreement is attached. 3. Upon annexation, the property will be eligible for Hudson municipal services. All street, utility and drainage improvements necessary to serve the property 1 proposed for annexation will be designed and constructed according to the Town's requirements at the expense of the users/developers of the property. 4. Infrastructure to serve the property will be installed and paid for by the developers. The Town will provide ongoing municipal services to the property through one time revenues and ongoing user fees and tax revenues generated from the property and its development. Fire protection will be provided by the Hudson Fire Protection District. The Town has an agreement with the Weld County Sheriff for police protection services. 5. The property is included in the following existing districts: Northern Colorado Water Conservancy District; Hudson Fire Protection District; Weld County Library District; Weld County RE 3-J School District; Central Colorado Water Conservation District; Central Colorado Water Sub-District; and the Aims Community College District. The owner will be required to petition into the Northern Colorado Water Conservancy District in order to receive municipal water. 6. The annexation will not include any residential development and will, therefore, not generate any student load on the Re-3J School District. It will not require the expenditure of any capital funds from the school District's budget. The District will benefit from increased tax base generated by development of the property. A hearing on this annexation is scheduled for March 7, 2007 at 7:00 p.m. in the Hudson Town Hall, 557 Ash Street, Hudson, Colorado. Questions regarding this report should be directed to Joe Racine, Hudson Town Administrator, (303) 903-2644. Attachments Annexation maps Vicinity map Draft annexation agreement 2 Z Z 11 W y_ e o ¢ Iu V eLL z z o0 C CEO 'ee D e0 CC < Q ILm oZ zTd 2oa w0 >z 3h0 o a coF az o 23a r m a o0 o II 3 ntz oz CC Z � W� <Q Cl.z mE 0 o o aW 0 o Li, 0 W d w� U ry o cai m Z Q� aCC m z % o F U .1'7) 0 U o ox ...- Dn Ul p �I� / ;.y z 3 li .J ova o0 O m z W K Z W W H ooa = .4t o� N be Z R? o - ;p° U A7 cg" III sr rACCr d�h w w z o o /% m _ cti / Z ®�a `9 mod' / geil ��Z is • . Cr O i es d i akM 7, eV x PLC` w et ct w $ a, I y 0 v 9 o re Z z o o z 0 4n 0 m w /<3 mm z CW a ii a o¢ w �15 s -IX o gi O U O ]s O 0 - Z} 0 o < x rZ cc ii w X O -""am Z ¢O 0 Y' Q ~ OU O Z0 O O J _ 7 OZ U in O Z mw Z O N h p 2 O K I- O V] Om 3 0 D nvi to [j] ti UD 'OD j0 o v` > O cc2 Oo< o m o Z Z W W 2 W N., ` , Z ¢ O0 mO a = ti-3O 10 "'" �Arr=vcs assi3' m 4� °aeaano i A, w/54 Pg HI / w = ° �' �/ v:;:°° ss` /', w44. .44 ,/. µ i . �� e Ap �.i ss moa unroo R. O a Q ckod,, „ V car D it $ , 0 As µ µ 4,.4, <. µ-µA. ...4...»...' 4 ,,.. », µ,- ;4.4.µ....P.4. b'a on n avow uxly* ., m.N, A. . .. w,m s µ , , n - . m r ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into this day of , 2007, by and between Lazy D Property, LLC hereinafter collectively referred to as "Property Owner"), and the TOWN OF HUDSON, a municipal corporation of the State of Colorado, (hereinafter referred to the "Town"). A. The Property Owner is the owner of certain real property (the "Property") situated in the County of Weld, State of Colorado, which Property is described in Exhibit A, attached hereto and made a part hereof. B. The Property Owner desires to have the Property annexed to the Town. C. The Town wishes to annex and zone the Property into the Town and shall consider the annexation petition and zoning application for the Property upon the condition that this Agreement is approved by the Town and is executed by the Town and the Property Owner NOW, THEREFORE, in consideration of the foregoing recitals, mutual covenants, and promises set forth below, the receipt and sufficiency of which are mutually acknowledged, the Town and the Property Owner hereby agree as follows: 1. Annexation. The annexation of the Property shall be in accordance with the Colorado Municipal Annexation Act of 1965, as amended. 2. Purpose. The purpose of this Agreement is to set forth the terms, conditions, and fees to be paid by the Property Owner upon annexation and initial development of the Property. Unless otherwise expressly provided to the contrary herein, all conditions contained herein are in addition to any and all requirements of the Town of Hudson Zoning Ordinance and Subdivision Regulations, as amended, any and all state statutes, and other sections of the ordinances of the Town of Hudson. 3. Zoning and Development. a. The Property Owner hereby consents to zoning the Property 1-3 Industrial with an associated conditional use permit to allow the operation of a correctional facility on the portion of the Property more particularly described in Exhibit B, attached hereto and incorporated herein by this reference, and a portion of the Property as more particularly described in Exhibit C, attached hereto and incorporated herein by this reference. b. Town Fees. The Property Owner hereby agrees to pay the Town the actual cost plus fifteen percent(15%)to defray the administrative and review expenses of the Town, and for planning, engineering, surveying, and legal services rendered in connection with the review of the annexation of the Property, which cost shall be determined by the Town Administrator. In addition, the Property Owner shall reimburse the Town for the actual cost of making corrections or additions to the official Town Map, with a fee for recording such map, if necessary, and accompanying documents with the County Clerk and Recorder. The Property Owner further agrees to pay all impact fees as established by Town ordinance at the time this Agreement is executed and such additional impact fees as may be in effect at the time of development of the Property(as evidenced by plat approval), so long as said additional impact fees are assessed or adopted Town-wide except as specifically provided by this Agreement. The Town may withhold any plat approval or withhold the issuance of any permits for construction or occupancy for failure to pay Town fees as provided herein. All fees recited in this Agreement shall be subject to amendment by the Board of Trustees by ordinance so long as any amendment is Town-wide. Any amendment to the fees shall be incorporated into this Agreement as if originally set forth herein. 4. Land Dedication. a. Open Space. Property Owner shall dedicate of twenty percent(20%) of the Property for open space. The portion of the Property to be dedicated for open space shall be determined upon approval of each final plat. For purposes of this Agreement, Open Space may include finished parks, landscaped open space, parks, detention areas, and landscaped areas adjacent to public rights of way or private open space. The final location and extent of Open Space dedication as provided herein shall be determined at the time of final platting. b. Right of Way. With the exception of any County Roads annexed in accordance with the application of the Property Owner,which roads shall be the responsibility of the Town upon annexation, Property Owner shall upon approval of the first final plat, dedicate and deed, by warranty deed in a form acceptable to the Town, those internal roads proposed for public use and maintenance. 5. Trails and Trail Connections. The Property Owner hereby agrees to construct and cause to be maintained by itself or by means of a property owner's association, any trail connections required by the Town through the Property, in accordance with an approved final subdivision plat. 6. Permitted Development. The Property Owner shall develop the Property in accordance with this Agreement, Town ordinances and regulations, and applicable state and federal law and regulations. The Property Owner specifically agrees that the design, improvement, construction, development and use of the Property shall be in conformance with, and that the Owner shall comply with, all the Town ordinances and resolutions, including, without limitation, ordinances and resolutions pertaining to annexation, subdivision, zoning, storm drainage, utilities and flood control. The Town shall allow and permit the development of the Property upon submission of proper application and payment of fees imposed by Town ordinances and regulations. -2- 7. Water and Sewer Service. The Parties agree as follows: a. Water Service. Property Owner shall, no later than ten (10) days following final approval of the within annexation, dedicate to the Town by separate deed any water rights currently attached to the property In addition, no later than ten (10)days following final approval of the within annexation, Property Owner shall dedicate, grant, assign or decree the perpetual right to use three (3) acre feet of water annually per acre of land to be annexed to the Town, or a substitute supply of water acceptable to the Town. To the extent water lines are to be constructed to connect to the municipal water system, the construction of such water lines shall be the obligation and at the sole expense of the Property Owner, and the construction and extension of any necessary water lines and associated infrastructure shall be constructed in accordance with Town standards and specifications. b. Sewer Service. To the extent sewer lines are to be constructed to connect to municipal sewer service, the construction of such sewer lines shall be the obligation and at the sole expense of the Property Owner, and the construction and extension of any necessary sewer lines and associated infrastructure shall be constructed in accordance with Town standards and specifications. c. Tap Fees. Water Tap Fees. The Town shall determine the appropriate water tap fees based on the provisions of Section 13-53 of the Town of Hudson Municipal Code. The parties understand and agree that to the extent any tap is larger than a two (2) inch tap, the Town shall determine an appropriate formuls for the tap fee. ii. Sewer Tap Fees. The Town shall determine the appropriate sewer tap fees based on the provisions of Section 13-58 of the Town of Hudson Municipal Code. Provided, however, based on the expected use of a portion to the Property as a correctional facility, and the effect of such a use on the Town's existing treatment capacity, Property Owner agrees to prepay the amount of Two Hundred Thousand Dollars ($200,000) within ten days of the within annexation becoming final, which amount shall be used by the Town to upgrade its sewer treatment facility. The prepaid amount of Two Hundred Thousand Dollars ($200,000) shall be credited toward the amount of tap fees determined to be imposed on the Property. d. Other Utilities. The property Owner agrees to provide electric, gas, telephone and other utility services to the property at the time of platting. -3- 8. Property Owner. The Property Owner is entering into this Agreement and is undertaking the obligations imposed upon the Property Owner herein in reliance upon the Town's adoption of an ordinance annexing the Property into the Town and adoption of an ordinance zoning Industrial C-3, and approval of a Special Use designation fora portion of the property as a correctional facility site. Performance of the Property Owner's obligations hereunder is expressly conditioned upon the Town's adoption of the ordinance described in paragraph 4.a. and adoption of an ordinance annexing the Property into the Town. If the Town fails to adopt the ordinance described in paragraph 3.a. or fails to adopt an ordinance annexing the Property into the Town, then the petition for annexation will be deemed withdrawn and the annexation process will be terminated. 10. Waiver of Prior Vested Rights. The Property Owner waives any prior vested property rights acquired in Weld County so long as the Property remains annexed into the Town. 11. Remedies. The Property Owner's remedies against the Town for the Town's breach of this Agreement are limited to breach of contract claims. The Town's remedies under this Agreement include, but are not limited to, the following: a. The refusal to issue any building permit or certificate of occupancy. b. The revocation of any building permit previously issued under which construction directly related to such building permit has not commenced, except a building permit previously issued to a third party. c. A demand that the security given for the completion of the public improvements be paid or honored. d. Any other remedy available at law. 12. Authority of the Town. Nothing contained in this Agreement shall constitute or be interpreted as a repeal of existing codes or ordinances or as a waiver or abrogation of the Town's legislative, governmental,or police powers to promote and protect the health, safety and general welfare of the Town or its inhabitants; nor shall this Agreement prohibit the enactment by the Town of any tax or fee that is of uniform or general application. 13. Force Maieure -- Development Restrictions or Delays. In the event of the unavailability of water and sewer taps necessary for the development and use of the Property pursuant to the Development Plan, or in the event of the imposition of any moratorium or other ordinance or action by the Town or any other governmental or quasi- governmental authority which materially prevents or delays development or use of the Property in accordance with the Development Plan, the Property Owner's obligations hereunder to pay fees or to construct improvements shall be suspended for a period of time equal to the time period in which such described events either delay or prevent development or use of the Property in accordance with the Development Plan. The term "material"as used herein means the inability of the Property Owner to obtain plat approval, building permits or certificates of occupancy. -4- 14. Termination. If the zoning as set forth above is not approved by ordinance,or if the annexation of the Property is for any reason not completed, or this Agreement is not approved by the Board of Trustees, then this Agreement shall be null and void and of no force and effect whatsoever, and any monies paid will be reimbursed to the Property Owner. 15. Time and Manner of Land Dedication. Property Owner agrees to dedicate and convey by Special Warranty Deed or appropriate instrument of conveyance acceptable to the Town, easements and rights-of-way for streets and other public ways and for other public purposes, as required by Town ordinances and resolutions, and as set forth in Paragraph 4 of this Agreement. 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. 16. Construction of Public Streets. Property Owner agrees to design, construct, pave, 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 maybe 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 the Town,to dedicate to the Town any or all other required improvement. If requested by the Town, Property Owner agrees to enter into an agreement pertaining to such improvements and other matters prior to any development of the Property. 17. Severability. The parties agree that if any party, 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. 18. Municipal Services. Subject to the provisions of Paragraph 7 of this Agreement, the Town agrees to make available to the Property all of the usual municipal services in accordance with the ordinances and policies of the Town. Property Owner acknowledges that Town services do not include, as of the date of the execution of this Agreement, fire protection or emergency medical services. Property Owner agrees to petition for incorporation into the Hudson Fire Protection District. 19. Amendments. This Agreement may be amended by the Town and any Property Owner without the consent of any other Property Owner as long as such amendment affects only that Property 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. -5- 20. Entire Agreement. This Agreement embodies the entire agreement of 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. 21. Indemnification. Property 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 necessary or desirable by the Town in order to effectuate the annexation of the Property, or which are in any manner connected with the Town's enforcement of this Agreement. Property 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. 22. Assignment. As used in this Agreement, the term "Property Owner" shall include any of the heirs, transferees, successors or assigns of Property 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. 23. Effect of Town Ordinances and Resolutions. 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 Property Owner. 24. 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 Property Owner's expense. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. 25. Legislative Discretion. The Property 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 Hudson. No assurances of annexation or zoning have been made or relied upon by Property 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 breach hereof accompanied by the exercise of such discretion, shall be the withdrawal of the petition for annexation by the Property Owner, or disconnection from the Town in accordance with state law, as may be appropriate. 26. Recordation of Agreement. This Agreement shall be recorded with the Clerk and Recorder of Weld County, Colorado, shall run with the land, and shall be binding upon and shall inure to the benefit of the heirs, successors, and permitted assigns of the parties hereto. -6- 27. Effective Date. This Agreement shall be effective and binding upon the parties immediately upon the effective date of an ordinance annexing and zoning the Property, regardless of whether the Agreement is executed prior to the effective date of said ordinance annexing and zoning the Property. 28. Governing Law. 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 for enforcement of any obligation contained herein, it is agreed that venue of such suit or action shall be in Weld County, Colorado. 29. Notice. All notice required under this Agreement shall be in writing and shall be hand-delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered effective on the earlier of actual receipt or seventy-two (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. To the Town: Joe Racine, Town Administrator 557 Ash Street Box 351 Hudson, Colorado 80642 With copy to: Corey Y. Hoffmann, Esq. Hayes, Phillips, Hoffmann & Carberry, P.C. 1350 17th Street, Suite 450 Denver, Colorado 80202 To the Property Owner: David C. Stahl 575 Main Street Hudson, Colorado 80642 IN WITNESS WHEREOF, the parties to this Agreement have set their hands and seals the day and year first written above. TOWN OF HUDSON, COLORADO By: Neal Pontius, Mayor ATTEST: Judy Larson, Town Clerk OWNER -7- By: Lazy D Property, LLC David C. Stahl, Manager STATE OF COLORADO ) ss. COUNTY OF The above and foregoing signature of was subscribed and sworn to before me this day of , 2007. Witness my hand and official seal. My commission expires: Notary Public -8- } UI � 11— g a w o : b w�gibcl4 . � pp0 iEli ll 'Pi gg F F T g O.0H� is ^tea '₹a x; ; 24 $ b g 'h g g c...:0 F �o3p ggtgg ygbgb g Ig I g 1 i. Fs� qq g gg $ < n�W z4�3 iS b '� * bR'BF $ R W 3 kd 3 y yy n _� oWww i` 89 K 9_i q tl j � � iN QQg awej� L. 3 S` st �+ ��q E 1 Y, z o o� 'o ebb "� 90 q� i� e 's ll IR ₹ as �s � �� a O o e l Flat illb e d k' €� I e g xx gx F 2 5�s'i �7 1. zg gf'� . n b W ; E g ilk t I3g =€2 ! 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