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HomeMy WebLinkAbout20062546 N(INDSpI COLO ANNEXATION REFERRAL TO: Weld County Clerk and Recorder FROM: Scott Ballstadt, AICP Senior Planner PROJECT: Great Western Second,Third and Fourth Annexations,Master Plan and Zoning Request DATE: August 25, 2006 Please review the enclosed notice and resolution pertaining to the aforementioned annexation proposal and return any comments to the Town of Windsor at the address shown below within thirty (30) days of the receipt of this memorandum. If the Town has not received comments from your agency within this 30-day review period, the Town will consider the lack of a response to be a positive response to the proposal in its current form. However, for the purposes of having a complete file on this proposal, the Town would appreciate a response from your office even if your only comment below is "no comment." Thank you very much for your participation in this process and your input concerning this proposal. Public Meeting: The Windsor Planning Commission will hold a public hearing at 7:00 p.m. on Thursday. September 7, 2006 and the Windsor Town Board will hold a public hearing at 7:00 p.m. on Monday, September 25, 2006 to receive public comments on the enclosed annexation, both of these public hearings will be held in Windsor Town Hall, 301 Walnut Street. Comments: By : Date: (Print Name) Please send your comments to: Town of Windsor Planning Department, 301 Walnut Street,Windsor, CO 80550 or phone(970) 686-7476 or Fax (970) 686-7180 with any questions which you may have concerning this request. NOTE: If your agency wishes additional copies of any of the enclosed materials, for a nominal fee to recover reproduction costs,the Town of Windsor will provide your agency with reproductions of any of these materials. If you wish to obtain additional copies of any of these materials or receive a copy of the recorded copy of the annexation map, please check here: At the time the planning department mails all such copies, your agency will he billed for ,pos and these reproduction costs. 0 0: fL, SO cm 2006-2546 TOWN OF WINDSOR RESOLUTION NO. 2006 - 44 BEING A RESOLUTION ESTABLISHING DATES FOR PUBLIC HEARINGS BEFORE THE WINDSOR PLANNING COMMISSION AND THE TOWN BOARD OF THE TOWN OF WINDSOR, COLORADO, WITH REGARD TO THE GREAT WESTERN SECOND ANNEXATION, GREAT WESTERN THIRD ANNEXATION AND GREAT WESTERN FOURTH ANNEXATION. WHEREAS, the Town Clerk, pursuant to Section 31-12-107, CRS, has received petitions to annex to the Town of Windsor certain real property known as the Great Western Second Annexation, Great Western Third Annexation and Great Western Fourth Annexation, the legal descriptions of which are attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Town Board has heretofore determined the aforesaid petitions to be in substantial compliance with the requirements of The Municipal Annexation Act of 1965 (the "Municipal Annexation Act"); and upon such determination, the Town Board set a public hearing date in accordance with the requirements of said Act; and WHEREAS, the public hearings did not timely occur and it is therefore necessary for the Town Board to establish a new public hearing dates. NOW, THEREFORE, IT IS FOUND AND RESOLVED BY THE TOWN BOARD OF THE TOWN OF WINDSOR, COLORADO, AS FOLLOWS: 1. That a public hearing should be held before the Planning Commission of the Town of Windsor, Colorado concerning the proposed Great Western Second Annexation, Great Western Third Annexation and Great Western Fourth Annexation. Such hearing shall be held on Thursday, September 7, 2006 at 7:00 p.m. 2. That a public hearing should be held before the Town Board of the Town of Windsor, Colorado to determine if the proposed Great Western Second Annexation, Great Western Third Annexation and Great Western Fourth Annexation comply with C.R.S. 31-12-104 and C.R.S. 31-12- 105. That such hearing on each proposed annexation shall be held before the Town Board at 7:00 p.m. on Monday, September 25, 2006. 3. That the Town Clerk, or her designee, shall give notice of the aforesaid hearings in compliance with the Municipal Annexation Act. Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this 14t day of August, 2006. TOWN OF WINDSOR, COLORADO By: _E Geri/ �� 1�q r� y r s ATTEST: Ma or s "x .�/ • CathcM. I needy, own Clerl� i g tr 000000 11!11! ` F EXHIBIT A to Town of Windsor Resolution No. 2006- 44 Legal Description of the Great Western Second Annexation A TRACT OF LAND SITUATE IN SECTIONS 27, 34, AND THE EAST HALF OF SECTIONS 28 AND 33, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 34, SAID POINT BEING MARKED BY A 2 1/2" ALUMINUM CAP STAMPED LS 31169; AND CONSIDERING THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34 TO HAVE AN ASSUMED BEARING OF S89°42'22"W, (WEST END OF SAID LINE BEING MARKED BY A 2 1/2" ALUMINUM CAP STAMPED LS 31169) BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983, WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG SAID SOUTH LINE, S89°42'22"W, 1,191.15 FEET TO THE NORTH SIXTEENTH CORNER OF SAID SECTION 34; THENCE S89°43'52"W, 1,431.99 FEET TO THE NORTHWEST SIXTEENTH CORNER OF SAID SECTION 34; THENCE S05°29'44"E, 1,323.82 FEET TO THE WEST SIXTEENTH CORNER OF SAID SECTION 34; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34, N89°49'11"E, 112.45 FEET TO A POINT ON THE NORTH TOP BANK OF THE CACHE LA POUDRE RIVER; THENCE ALONG SAID NORTH TOP BANK THE FOLLOWING NINE (9) COURSES: 1. S47°39'54"E, 96.16 FEET; 2. S63°19'51"E, 145.64 FEET; 3. S63°20'24"E, 165.53 FEET; 4. S61°36'06"E, 178.58 FEET; 5. S55°49'36"E, 343.62 FEET; 6. S39°11'21"E, 666.47 FEET; 7. S47°14'02"E, 241.40 FEET; 8. S42°0912"E, 112.35 FEET; 9. S24°37'22"E, 22.47 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 1547170 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE NORTHERLY AND WESTERLY LINES OF SAID PARCEL THE FOLLOWING TWO (2) COURSES: 1. S89°59'27"W, 15.96 FEET; 2. S00°00'33"E, 46.00 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 2346661 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL THE FOLLOWING SEVEN (7) COURSES: 1. S18°51'49"W, 157.80 FEET; 2. S65°58'22"W, 77.05 FEET; 3. N89°44'14"W, 1,157.23 FEET; 4. N89°48'21"W, 890.75 FEET; 5. N74°12'22"W, 112.97 FEET; 6. S75°08'30"W, 90.32 FEET; 7. S88°11'36"W, 440.63 FEET TO A POINT ON THE EASTERLY BOUNDARY OF POUDRE TECH CENTER ANNEXATION RECORDED DECEMBER 27, 1990 AT RECEPTION NO. 02236969; THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1. N13°35'08"W, 1,333.54 FEET; 2. 116.68 FEET ALONG A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1777.50 FEET, A CENTRAL ANGLE OF 03°45'40", AND A CHORD WHICH BEARS N14°49'48"W, 116.65 FEET; 3. N00°14'45"W, 76.57 FEET; 4. S89°03'11"W, 80.01 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE FOR THE GREAT WESTERN RAILWAY, RECORDED AT BOOK 271, PAGE 319; 5. ALONG SAID RAILROAD RIGHT-OF-WAY LINE, N00°15'07"W, 7,829.94 FEET; THENCE CONTINUING, N00°15'07"W, 3.12 FEET; THENCE N89°24'06"E, 159.73 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EASTMAN PARK DRIVE; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, N89°24'06"E, 2,557.30 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, N89°24'43"E, 2,606.54 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 27; THENCE ALONG SAID EAST LINE, S00°31'48"E, 1,256.24 FEET TO THE NORTH SIXTEENTH CORNER COMMON TO SECTIONS 26 AND 27; THENCE S89°27'56"W, 1,305.13 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 27; THENCE S00°27'03"E, 1,320.03 FEET TO THE EAST SIXTEENTH CORNER OF SAID SECTION 27; THENCE S00°27'03"E, 2,640.33 FEET TO THE EAST SIXTEENTH CORNER COMMON TO SECTIONS 27 AND 34; THENCE S05°33'47"E, 1,328.57 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 34, SAID POINT ALSO BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINS 775.74 ACRES (33,791,054 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. Legal Description of the Great Western Third Annexation A TRACT OF LAND SITUATE IN SECTIONS 26, 35, THE SOUTHEAST QUARTER OF SECTION 34, AND THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 26, SAID POINT BEING MARKED BY A 3" BRASS CAP WITH NO OTHER MARKINGS; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 26 TO HAVE A BEARING OF S89°41'47"W, (EAST END OF SAID LINE BEING MARKED BY A #6 REBAR WITH 2 1/2" ALUMINUM CAP STAMPED PLS 31169) BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983, WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 26, S00°25'32"E, 1,320.21 FEET TO THE CENTER SOUTH SIXTEENTH CORNER OF SECTION 26; THENCE N89°40'37"E, 2,603.15 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 23; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, S00°19'12"E, 671.17 FEET; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE, S89°38'31"W, 709.45 FEET; THENCE S00°18'28"E, 648.00 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE ALONG SAID NORTH LINE, N89°39'11"E, 709.59 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 23; THENCE S00°33'37"E, 826.57 FEET; THENCE S86°39'52"W, 187.11 FEET; THENCE S02°19'53"W, 462.13 FEET; THENCE N89°38'52"E, 210.20 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 23; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, S00°33'37"E, 918.99 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE, S89°28'46"W, 299.73 FEET; THENCE S00°32'10"E, 372.52 FEET; THENCE N89°33'56"E, 299.89 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 23; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, S00°33'37"E, 49.96 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 35; THENCE ALONG SAID SOUTH LINE, N89°32'33"E, 30.00 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 35; THENCE S44°51'43"E, 646.18 FEET; THENCE S36°26'43"E, 57.71 FEET; THENCE S41°40'07"W, 423.95 FEET; THENCE S14°13'50"E, 381.89 FEET TO THE SOUTH SIXTEENTH CORNER OF SECTIONS 35 AND 36; THENCE ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 35, N88°49'15"W, 2,240.46 FEET TO THE CENTER SOUTH SIXTEENTH CORNER OF SAID SECTION 35; THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35, S10°48'40"E, 1,127.72 FEET; THENCE N87°18'50"W, 2,326.02 FEET THENCE S84°16'00"W, 1,441.44 FEET; THENCE N00°00'05"W, 641.71 FEET TO A POINT ON THE SOUTHERLY TOP OF BANK OF THE CACHE LA POUDRE RIVER; THENCE ALONG SAID SOUTHERLY TOP OF BANK THE FOLLOWING SEVEN (7) COURSES: 1) N36°05'51"E, 64.27 FEET; 2) N21°22'15"E, 201.87 FEET; 3) N31°19'04"E, 192.28 FEET; 4) N42°52'40"E, 71.52 FEET; 5) N58°40'24"E, 68.14 FEET; 6) N80°24'35"E, 127.23 FEET; 7) S85°41'56"E, 418.10 FEET; THENCE ALONG SAID WEST LINE, N29°52'23"W, 41.57 FEET TO THE CENTERLINE OF THE CACHE LA POUDRE RIVER; THENCE GENERALLY ALONG THE CENTERLINE OF SAID RIVER THE FOLLOWING THIRTEEN (13) COURSES: 1) N84°13'03"E, 73.28 FEET; 2) N70°20'38"E, 81.99 FEET; 3) N50°40'46"E, 249.50 FEET; 4) N39°25'11"E, 141.35 FEET; 5) N59°00'59"E, 61.48 FEET; 6) N35°04'53"E, 218.40 FEET; 7) N14°47'58"E, 131.45 FEET; 8) N24°37'29"W, 150.24 FEET; 9) N16°13'28"E, 94.18 FEET; 10) N00°14'38"E, 113.71 FEET; 11) N49°11'34"W, 55.89 FEET; 12) N75°23'10"W, 51.85 FEET; 13) N46°20'03"W, 93.76 FEET TO THE CENTERLINE OF THE CACHE LA POUDRE RIVER; THENCE GENERALLY ALONG THE CENTERLINE OF SAID RIVER THE FOLLOWING TWELVE (12) COURSES: 1) N46°20'03"W, 99.09 FEET; 2) N16°46'04'VV, 85.59 FEET; 3) N04°13'02"E, 266.14 FEET; 4) N40°32'53"E, 159.44 FEET; 5) N54°26'20"E, 199.22 FEET; 6) N34°05'29"E, 124.67 FEET; 7) N61°24'16"E, 48.97 FEET; 8) N85°02'00"E, 57.59 FEET; 9) 579°35'57"E, 50.85 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; 10) CONTINUING S79°35'57"E, 69.85 FEET; 11) S65°08'41"E, 141.98 FEET; 12) S45°45'54"E, 51.75 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE ALONG SAID NORTH LINE, N89°34'09"E, 683.51 FEET THENCE N00°04'37"W, 3,158.77 FEET; THENCE N24°53'10"E, 220.09 FEET; THENCE 57.14 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 130.50 FEET, A CENTRAL ANGLE OF 25°05'21", AND A CHORD WHICH BEARS N12°20'30"E, 56.69 FEET; THENCE N00°12'11"W, 82.36 FEET; THENCE 72.95 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 116.50 FEET, A CENTRAL ANGLE OF 35°52'47", AND A CHORD WHICH BEARS N18°08'34"W, 71.77 FEET; THENCE N36°04'57"W, 82.47 FEET; THENCE 87.84 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 139.50 FEET, A CENTRAL ANGLE OF 36°04'44", AND A CHORD WHICH BEARS N18°02'35"W, 86.40 FEET; THENCE N00°00'13"W, 1,011.59 FEET; THENCE N89°42'01"E, 188.97 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE ALONG SAID EAST LINE, N00°25'22"W, 2,475.57 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EASTMAN PARK DRIVE; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, N89°44'07"E, 1,254.98 FEET; THENCE S00°22'26"E, 2,574.71 FEET; THENCE S89°41'47"W, 1,252.79 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 545.93 ACRES (23,780,688 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. Legal Description of the Great Western Fourth Annexation A TRACT OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER EAST SIXTEENTH CORNER OF SAID SECTION 26, AND CONSIDERING THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 26 TO BEAR N00°22'26"W, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: (SAID BEARING IS A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983 (1992), DETERMINED BY GEODETIC (GPS) OBSERVATIONS). THENCE ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 26, N00°22'26"W, 2,599.67 FEET TO A POINT ON THE RIGHT-OF-WAY LINE SET FORTH ON THE DEED OF DEDICATION RECORDED AT RECEPTION NO. 3281762 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING FOUR (4) COURSES: 1. N89°44'55"E, 755.81 FEET 2. 824.10 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 525.00 FEET, A CENTRAL ANGLE OF 89°56'16", AND A CHORD WHICH BEARS S45°16'57"E, 742.06 FEET; 3. S00°18'49"E, 228.26 FEET: 4. 110.15 FEET ALONG A CURVE TO THE LEFT HAVING RADIUS OF 605.00 FEET, A CENTRAL ANGLE OF 10°25'54", AND A CHORD WHICH BEARS S05°31'46"E, 110.00 FEET TO A POINT ON THE EXISTING RIGHT-OF-WAY LINE FOR WELD COUNTY ROAD 23; THENCE ALONG SAID RIGHT-OF-WAY LINE, S00°19'23"E, 1,736.29 FEET TO A POINT ON THE NORTH BOUNDARY OF RECORDED EXEMPTION RE-4063, RECEPTION NO. 3291873, SAID POINT ALSO BEING ON THE NORTH LINE OF THE NORTHEAST . QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE ALONG SAID NORTH LINE, S89°41'50"W, 1,287.79 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 75.36 ACRES (3,282,884 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS, AND RESTRICTIONS OF RECORD, OR THAT NOW EXIST ON THE GROUND. TOWN OF WINDSOR PLANNING DEPARTMENT 301 Walnut Street Windsor..Colorado 80550 Phone: 970/686-7476 Fax: 9701686.7180 Project No. A-Al irAipab LAND USE APPLICATION FORM Land use applications shall Include all Items listed In the application submittal checklist and the Town of Windsor Planning Procedures Manual. The Town of Windsor Planning Department reserves the right to refuse to accept incomplete submittals. Please see the Town's Planning Procedures Manual for submittal requirements. AP LICATION TYPE: STATUS: ANNEXATION Preliminary MASTER PLAN Corrections to Staff Comments REZONING _ Final MINOR SUBDIVISION Fast track(original submittal) MAJOR SUBDIVISION Fast track (resubmittal with SITE PLAN corrections) ADMINISTRATIVE SITE PLAN Qualified Commercial or Industrial (Fast Track) SITE PLAN f'l PROJECT NAME: ( Q WAS T`I7 ,5Pr G'AYl n t'XC!71?'(,n LEGAL DESCRIPTION: f e P crt*arh e GI PROPERTY ADDRESS (if available): 14/0 PROPERTY OWNER: Name: 6reo-f LUps r'n,2a 11144a rolorrc/o t_. L. C Address: S Z (/Qy-f-pn . reLf L{oniPr ra 8Ow6 Primary Phone #: Secondary Phone #: Fax#: E-Mail: OWNER'S AUTHORIZED REPRESENTATIVE: Name: aohn 54-011E, Address: Clc y-/-on 5h-ee OennPr, (o E02,06 Primary Phone#: ,G/,3 -0033 Secondary Phone#: Fax#: 3D3—,-3 X636 E-Mail:j5-/one C�Jbrp7 .Com All correspondence will only be sent to the owner's authorized representative. It is the sole responsibility of the representative to redistribute correspondence to the owner and other applicable parties, i.e. engineers, architects,surveyors, attorneys, consultants,etc. I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contalwithin the application are true and correct to the best of my knowledge. 6re �-WP.sierr� 'i/way oi-Ca'oracio, z-c.C., u Colorado/in'9Pd/rabbi'/a rfy romps.-j Signature: Owner Ow s Authorized Representative* Date nicht/el T. [�,fiord ManG4 e r *proof of owner's auti rization-is required-44th submittal if signed by Owner's Authorized Representative. ATTACHMENT to the AMENDED LAND USE APPLICATION FOR THE GREAT WESTERN SECOND ANNEXATION Legal Description of the Great Western Second Annexation A TRACT OF LAND SITUATE IN SECTIONS 27, 34, AND THE EAST HALF OF SECTIONS 28 AND 33, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 34, SAID POINT BEING MARKED BY A 2 1/2" ALUMINUM CAP STAMPED LS 31169; AND CONSIDERING THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34 TO HAVE AN ASSUMED BEARING OF S89°42'22"W, (WEST END OF SAID LINE BEING MARKED BY A 2 1/2" ALUMINUM CAP STAMPED LS 31169) BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983, WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG SAID SOUTH LINE, S89°42'22"W, 1,191.15 FEET TO THE NORTH SIXTEENTH CORNER OF SAID SECTION 34; THENCE S89°43'52'W, 1,431.99 FEET TO THE NORTHWEST SIXTEENTH CORNER OF SAID SECTION 34; THENCE S05°29'44"E, 1,323.82 FEET TO THE WEST SIXTEENTH CORNER OF SAID SECTION 34; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34, N89°49'11"E, 112.45 FEET TO A POINT ON THE NORTH TOP BANK OF THE CACHE LA POUDRE RIVER; THENCE ALONG SAID NORTH TOP BANK THE FOLLOWING NINE (9) COURSES: 1. S47°39'54"E, 96.16 FEET; 2. S63°19'51"E, 145.64 FEET; 3. S63°20'24"E, 165.53 FEET; 4. S61°36'06"E, 178.58 FEET; 5. S55°49'36"E, 343.62 FEET; 6. S39°11'21"E, 666.47 FEET; 7. S47°14'02"E, 241.40 FEET; 8. S42°09'12"E, 112.35 FEET; 9. S24°37'22"E, 22.47 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 1547170 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE NORTHERLY AND WESTERLY LINES OF SAID PARCEL THE FOLLOWING TWO(2) COURSES: 1. S89°59'27"W, 15.96 FEET; 2. S00°00'33"E, 46.00 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 2346661 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL THE FOLLOWING SEVEN (7) COURSES: 1. S18°51'49"W, 157.80 FEET; 2. S65°58'22'W, 77.05 FEET; 3. N89°44'14'W, 1,157.23 FEET; 4. N89°48'21'W, 890.75 FEET; 5. N74°12'22'W, 112.97 FEET; 6. S75°08'30'W, 90.32 FEET; 7. S88°11'36"W, 440.63 FEET TO A POINT ON THE EASTERLY BOUNDARY OF POUDRE TECH CENTER ANNEXATION RECORDED DECEMBER 27, 1990 AT RECEPTION NO. 02236969; THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1. N13°35'08"W, 1,333.54 FEET; 2. 116.68 FEET ALONG A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1777.50 FEET, A CENTRAL ANGLE OF 03°45'40", AND A CHORD WHICH BEARS N14°49'48'W, 116.65 FEET; 3. N00°14'45"W, 76.57 FEET; 4. S89°03'11"W, 80.01 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE FOR THE GREAT WESTERN RAILWAY, RECORDED AT BOOK 271, PAGE 319; 5. ALONG SAID RAILROAD RIGHT-OF-WAY LINE, N00°15'07"W, 7,829.94 FEET; THENCE CONTINUING, N00°15'07"W, 3.12 FEET; THENCE N89°24'06"E, 159.73 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EASTMAN PARK DRIVE; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, N89°24'06"E, 2,557.30 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, N89°24'43"E, 2,606.54 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 27; THENCE ALONG SAID EAST LINE, S00°31'48"E, 1,256.24 FEET TO THE NORTH SIXTEENTH CORNER COMMON TO SECTIONS 26 AND 27; THENCE S89°27'56"W, 1,305.13 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 27; THENCE S00°27'03"E, 1,320.03 FEET TO THE EAST SIXTEENTH CORNER OF SAID SECTION 27; THENCE S00°27'03"E, 2,640.33 FEET TO THE EAST SIXTEENTH CORNER COMMON TO SECTIONS 27 AND 34; THENCE S05°33'47"E, 1,328.57 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 34, SAID POINT ALSO BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINS 775.74 ACRES (33,791,054 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. Project No. FOR PLANNING DEPARTMENT USE ONLY Application fee: $ Application checked by: Ap. received date: Date application checked: complete I rejected 74Nl EAlp e_t GENERAL APPLICATION OVERVIEW EXISTING ZONING: A- 1Trlays`ria I /tea vyzhdvsh-, / PROPOSED ZONING: OW) GC, �-L, O TOTAL ACREAGE: 775. 79 TOTAL # OF PROPOSED LOTS: See Mask rP/c i Land (JseToble AVERAGE LOT SIZE: is MINIMUM LOT SIZE: i TOTAL# OF PROPOSED PHASES: See attached ACREAGE PER PHASE: LOTS PER PHASE: PARKLAND (sq. ft. & acreages): See Master P/a n PARKLAND (public or private) IRRIGATION WATER (potable or non-potable) no r/- po/u b/a UTILITIES TO BE PROVIDED BY: WATER: Town ciF Windsor SEWER: Town of Windsor GAS: X e / ELECTRIC: keA PHONE: (eWPs+ IF THIS IS A FINAL APPLICATION, SUBMIT TOTALS OF THE FOLLOWING IN LINEAR FEET (use separate sheets if necessary): PUBLIC STREETS (break down by classification/width): PRIVATE STREETS (break down by classification/width): TOTAL STREETS (break down by classification/width): WATER LINES (break down by line sizes): SEWER LINES(break down by line sizes): CURB: GUTTER: SIDEWALK: OPEN SPACE (not to include detention areas) in sq ft & acres: TRAIL EASEMENTS (break down by width): > Developed trail (break down by width, depth & material): > Undeveloped trail (break down by width, depth & material): FOR PLANNING DEPARTMENT USE ONLY Applicable Corridor Plan: Metropolitan District: PROCEDURAL GUIDE-ANNEXATION GREAT WESTERN ANNEXATION 2,3&4 August 18, 2005 Given its size and the anticipated market absorption for the planned uses within the Master Plan, this Property is intended to be developed in phases. The Annexation and Development Agreement for the Property will provide that each development project therein shall be required to submit to the Town, in accordance with Town requirements for the same, a set of infrastructure construction drawings which include all infrastructure improvements necessary to serve that particular phase of development. 4 AMENDED PETITION FOR ANNEXATION FOR THE GREAT WESTERN SECOND ANNEXATION The Petition for Annexation for the Great Western Second Annexation and an amendment thereto were heretofore filed with the TOWN OF WINDSOR and all required fees were paid. Broe Land Acquisitions II, LLC, a Colorado limited liability company and Great Western Railway of Colorado, L.L.C., a Colorado limited liability company ("Petitioners") desire to amend such petitions and, therefore, submit this petition to replace the Petitions for Annexation filed heretofore, and allege the following to be true and correct: A. Petitioners are the landowners of more than 50% of the territory legally described on Exhibit A attached hereto and incorporated herein by this reference, to be known upon annexation as the "Great Western Second Annexation", which annexation comprises 775.74 acres more or less. B. The perimeter of the proposed annexation has a distance of 31,634.06 feet of which 17,459.14 feet are contiguous to the existing TOWN limits of the TOWN OF WINDSOR. A minimum of 1/6 of the perimeter of the proposed annexation is contiguous to the TOWN OF WINDSOR. Petitioners further allege: 1. It is desirable and necessary that said territory be annexed to the TOWN OF WINDSOR. 2. A community of interest exists between the said territory and the TOWN OF WINDSOR. 3. Said territory is urban or will be urbanized in the near future. 4. Said territory is integrated or capable of being integrated with the TOWN OF WINDSOR. 5. No land held in identical ownership is divided into separate parcels unless the owner of said tract has consented in writing or joins in this Petition. 6. No land held in identical ownership comprises 20 acres and together with improvements had an assessed valuation in excess of $200,000.00 in the year preceding the filing of this Petition. 7. No proceedings for annexation of the territory have been commenced for annexation to another municipality. 8. The signers hereof comprise the landowners of more than 50% of the territory proposed to be annexed. 9. The mailing address of each Petitioner and the date of each Petitioner's signature is shown on this Petition for Annexation. 10. The legal description of the land owned by each Petitioner is set forth on Exhibit B attached hereto and incorporated herein by this reference. Therefore, the undersigned Petitioners hereby request that the TOWN OF WINDSOR approve the annexation of the area described on Exhibit A. In addition to the annexation, the undersigned Petitioners request that the property described on Exhibit A be initially zoned into the following zoning districts: Residential Mixed-Use RMU District, General Commercial GC District, Limited Industrial I-L District and Recreation and Open Space O District. This annexation and all promises and obligations of Petitioners contained herein are specifically conditioned upon the TOWN OF WINDSOR approving concurrently with this annexation (i) the Great Western Third Annexation; (ii) the Great Western Fourth Annexation; (iii) the master plan for the Great Western Second, Third and Fourth Annexations with conditions acceptable to Petitioners; (iv) the initial zoning of the property as herein requested; and (v) an Annexation and Development Agreement between the Petitioners and the TOWN OF WINDSOR with terms and conditions acceptable to Petitioners. Petitioners reserve the right to withdraw this Petition for Annexation at any time prior to the second reading of the ordinances annexing and zoning the area proposed to be annexed. PETITIONERS: BROE LAND ACQUISITIONS, II, LLC, a Colorado limited liability company By: Alex Yeros, A not Date: MARX,/ 2.7 , 2006 Petitioner's Mailing Address: 252 Clayton Street Denver, CO 80206 Great Western Railway of Colorado, L.L.C., a Colorado limited liability company By: Mill O ogb M gea r� — Date: "e'<-C!L Z3 , 2006 Petitioner's Mailing Address: 252 Clayton Street Denver, CO 80206 Exhibit A to the AMENDED PETITION FOR ANNEXATION FOR THE GREAT WESTERN SECOND ANNEXATION Legal Description of the Great Western Second Annexation A TRACT OF LAND SITUATE IN SECTIONS 27, 34, AND THE EAST HALF OF SECTIONS 28 AND 33, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 34, SAID POINT BEING MARKED BY A 2 1/2" ALUMINUM CAP STAMPED LS 31169; AND CONSIDERING THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34 TO HAVE AN ASSUMED BEARING OF S89°42'22"W, (WEST END OF SAID LINE BEING MARKED BY A 2 1/2" ALUMINUM CAP STAMPED LS 31169) BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983, WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG SAID SOUTH LINE, S89°42'22"W, 1,191.15 FEET TO THE NORTH SIXTEENTH CORNER OF SAID SECTION 34; THENCE S89°43'52"W, 1,431.99 FEET TO THE NORTHWEST SIXTEENTH CORNER OF SAID SECTION 34; THENCE S05°29'44"E, 1,323.82 FEET TO THE WEST SIXTEENTH CORNER OF SAID SECTION 34; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34, N89°49'11"E, 112.45 FEET TO A POINT ON THE NORTH TOP BANK OF THE CACHE LA POUDRE RIVER; THENCE ALONG SAID NORTH TOP BANK THE FOLLOWING NINE (9) COURSES: 1. S47°39'54"E, 96.16 FEET; 2. S63°19'51"E, 145.64 FEET; 3. S63°20'24"E, 165.53 FEET; 4. S61°36'06"E, 178.58 FEET; 5. S55°49'36"E, 343.62 FEET; 6. S39°11 21"E, 666.47 FEET; 7. S47°14'02"E, 241.40 FEET; 8. S42°09'12"E, 112.35 FEET; 9. S24°37'22"E, 22.47 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 1547170 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE NORTHERLY AND WESTERLY LINES OF SAID PARCEL THE FOLLOWING TWO (2) COURSES: 1. S89°59'27'W, 15.96 FEET; 2. S00°00'33"E, 46.00 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 2346661 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL THE FOLLOWING SEVEN (7) COURSES: 1. S18°51'49"W, 157.80 FEET; 2. S65°58'22"W, 77.05 FEET; 3. N89°44'14'W, 1,157.23 FEET; 4. N89°48'21"W, 890.75 FEET; 5. N74°12'22"W, 112.97 FEET; 6. S75°08'30"W, 90.32 FEET; 7. S88°11'36"W, 440.63 FEET TO A POINT ON THE EASTERLY BOUNDARY OF POUDRE TECH CENTER ANNEXATION RECORDED DECEMBER 27, 1990 AT RECEPTION NO. 02236969; THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1. N13°35'08'W, 1,333.54 FEET; 2. 116.68 FEET ALONG A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1777.50 FEET, A CENTRAL ANGLE OF 03°45'40", AND A CHORD WHICH BEARS N14°49'48"W, 116.65 FEET; 3. N00°14'45"W, 76.57 FEET; 4. S89°03'11"W, 80.01 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE FOR THE GREAT WESTERN RAILWAY, RECORDED AT BOOK 271, PAGE 319; 5. ALONG SAID RAILROAD RIGHT-OF-WAY LINE, N00°15'07"W, 7,829.94 FEET; THENCE CONTINUING, N00°15'07"W, 3.12 FEET; THENCE N89°24'06"E, 159.73 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EASTMAN PARK DRIVE; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, N89°24'06"E, 2,557.30 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, N89°24'43"E, 2,606.54 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 27; THENCE ALONG SAID EAST LINE, S00°31'48"E, 1,256.24 FEET TO THE NORTH SIXTEENTH CORNER COMMON TO SECTIONS 26 AND 27; THENCE S89°27'56"W, 1,305.13 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 27; THENCE S00°27'03"E, 1,320.03 FEET TO THE EAST SIXTEENTH CORNER OF SAID SECTION 27; THENCE S00°27'03"E, 2,640.33 FEET TO THE EAST SIXTEENTH CORNER COMMON TO SECTIONS 27 AND 34; THENCE S05°33'47"E, 1,328.57 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 34, SAID POINT ALSO BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINS 775.74 ACRES (33,791,054 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. Exhibit B to the AMENDED PETITION FOR ANNEXATION FOR THE GREAT WESTERN SECOND ANNEXATION Legal Description of property owned by Petitioner, Broe Land Acquisitions II, LLC A TRACT OF LAND SITUATE IN SECTIONS 27 AND 34, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL I: THE NW 1/4; THE SW 1/4; THE W 1/2 OF THE NE 1/4; THE W 1/2 OF THE SE 1/4; AND THE NE 1/4 OF THE NE 1/4 OF SECTION 27, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO; EXCEPT PARCELS CONVEYED TO WELD COUNTY BY DEEDS RECORDED JUNE 24, 1936 IN BOOK 995 AT PAGES 165, 166 AND 167; AND EXCEPT PARCEL CONVEYED TO THE DEPARTMENT OF HIGHWAYS BY DEED RECORDED JANUARY 6, 1964 IN BOOK 502 AT RECEPTION NO. 1425440; AND EXCEPT PARCEL CONVEYED TO THE TOWN OF WINDSOR BY DEEDS RECORDED JUNE 2, 1995 AT RECEPTION NO. 2440899 AND 2440900. PARCEL II: THE N 1/2 OF THE NW 1/4; THE SW 1/4 OF THE NW 1/4; THE NW 1/4 OF THE NE 1/4; AND THE SW 1/4 OF SECTION 34, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO; EXCEPT PARCELS CONVEYED TO WELD COUNTY BY DEEDS RECORDED JUNE 24, 1936 IN BOOK 995 AT PAGES 162, 163, 165 AND 167; AND EXCEPT PARCEL CONVEYED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO BY DEED RECORDED JANUARY 14, 1963 IN BOOK 1635 AT PAGE 375; AND EXCEPT PARCEL CONVEYED BY DEED RECORDED NOVEMBER 20, 1968 IN BOOK 602 AT RECEPTION NO. 1524120; AND EXCEPT PARCEL CONVEYED BY DEED RECORDED MAY 14, 1970 IN BOOK 625 AT RECEPTION NO. 1547170; AND EXCEPT THAT PARCEL CONVEYED BY DEED RECORDED AUGUST 18, 1993 IN BOOK 1398 AT RECEPTION NO. 2346661; AND EXCEPT THAT PORTION OF THE SW 1/4 LYING EAST OF THE EAST BANK OF THE POUDRE RIVER BRANCH THAT RUNS GENERALLY IN AN SOUTHEASTERLY- NORTHWESTERLY DIRECTION. THE ABOVE-DESCRIBED PARCELS ALSO BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27, AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION TO BEAR N89°24'06"E, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO, BOTH ENDS OF SAID LINE BEING MARKED BY A 3-1/4" ALUMINUM CAP STAMPED PLS 20685; (SAID BEARING IS A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983(1992), DETERMINED BY GEODETIC (GPS) OBSERVATIONS); THENCE N38°30'46"E, 82.39 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EASTMAN PARK DRIVE AS DESCRIBED IN THE DEEDS TO THE TOWN OF WINDSOR RECORDED AT RECEPTION NOS. 2440899 AND 2440900, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, N89°24'06"E, 2,557.30 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, N89°24'43"E, 2,606.54 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 27; THENCE S00°31'48"E, 1,256.24 FEET TO THE NORTH SIXTEENTH CORNER COMMON TO SECTIONS 26 AND 27; THENCE S89°27'56"W, 1,305.13 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 27; THENCE S00°27'03"E, 1,320.03 FEET TO THE EAST SIXTEENTH CORNER OF SAID SECTION 27; THENCE S00°27'03"E, 2,640.33 FEET TO THE EAST SIXTEENTH CORNER COMMON TO SECTIONS 27 AND 34; THENCE S05°33'47"E, 1,328.57 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 34; THENCE S89°42'22"W, 1,191.15 FEET TO THE NORTH SIXTEENTH CORNER OF SAID SECTION 34; THENCE S89°43'52"W, 1,431.99 FEET TO THE NORTHWEST SIXTEENTH CORNER OF SAID SECTION 34; THENCE S05°29'44"E, 1,323.82 FEET TO THE WEST SIXTEENTH CORNER OF SAID SECTION 34; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34, N89°49'11"E, 112.45 FEET TO A POINT ON THE NORTH TOP BANK OF THE CACHE LA POUDRE RIVER; THENCE ALONG SAID NORTH TOP BANK THE FOLLOWING NINE (9) COURSES: 1. S47°39'54"E, 96.16 FEET; 2. S63°19'51"E, 145.64 FEET; 3. S63°20'24"E, 165.53 FEET; 4. S61°36'06"E, 178.58 FEET; 5. S55°49'36"E, 343.62 FEET; 6. S39°11'21"E, 666.47 FEET; 7. S47°14'02"E, 241.40 FEET; 8. S42°09'12"E, 112.35 FEET; 9. S24°37'22"E, 22.47 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 1547170 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE NORTHERLY AND WESTERLY LINES OF SAID PARCEL THE FOLLOWING TWO (2) COURSES: 1. S89°59'27"W, 15.96 FEET; 2. S00°00'33"E, 46.00 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 2346661 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL THE FOLLOWING SEVEN (7) COURSES: 1. S18°51'49"W 157.80 FEET; 2. S65°58'22'W, 77.05 FEET; 3. N89°44'14'W, 1,157.23 FEET; 4. N89°48'21"W, 890.75 FEET; 5. N74°12'22"W, 112.97 FEET; 6. S75°08'30"W, 90.32 FEET; 7. S88°11'36"W, 326.44 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 257; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, THE FOLLOWING EIGHT (8) COURSES: 1. N13°20'56"W, 145.27 FEET; 2. S87°07'44"W, 32.66 FEET; 3. N13°35'36"W, 1,187.51 FEET; 4. 395.88 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1,697.50 FEET, A CENTRAL ANGLE OF 13°21'44", AND A CHORD WHICH BEARS N06°54'44"W, 394.99 FEET; 5. N00°13'53"W, 2,428.29 FEET; 6. N00°13'54"W, 2,633.31 FEET; 7. N00°13'30"W, 2,559.07 FEET; 8. N51°58'19"E, 13.99 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 746.35 ACRES (32,511,125 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS OF RECORD OR THAT NOW EXIST ON THE GROUND. Legal Description of property owned by Petitioner, Great Western Railway of Colorado, LLC A TRACT OF LAND SITUATE IN THE EAST HALF OF SECTIONS 28 AND 33, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO; BEING A PORTION OF THAT PROPERTY DESCRIBED AT BOOK 271, PAGE 319 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 28, SAID POINT BEING MARKED BY A 3 1/4" ALUMINUM CAP STAMPED LS 20685; AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 33 TO HAVE AN ASSUMED BEARING OF S00°13'30"E, (SOUTH END OF SAID LINE BEING MARKED BY A 2 1/2" ALUMINUM CAP STAMPED LS 31169) BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983, WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE S23°31'01"W 71.22 FEET TO THE POINT OF BEGINNING; THENCE S00°15'07"E, 7,832.57 FEET; THENCE S89°03'11"W, 80.01 FEET; THENCE N00°15'07"W, 7,833.06 FEET; THENCE N89°24'06"E, 80.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 14.39 ACRES (626,658 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS, AND RESTRICTIONS OF RECORD, OR THAT NOW EXIST ON THE GROUND. TOWN OF WINDSOR PLANNING DEPARTMENT 301 Walnut Street Windsor,Colorado 80550 Phone: 970/686-7476 Fax:970/686-7180 Protect No. A-MENDEb LAND USE APPLICATION FORM Land use applications shall include all items listed in the application submittal checklist and the Town of Windsor Planning Procedures Manual. The Town of Windsor Planning Department reserves the right to refuse to accept incomplete submittals. Please see the Town's Planning Procedures Manual for submittal requirements. APP (CATION TYPE: STATUS: ANNEXATION _Preliminary MASTER PLAN Corrections to Staff Comments _ REZONING Final MINOR SUBDIVISION Fast track(original submittal) _MAJOR SUBDIVISION _Fast track(resubmittal with _SITE PLAN corrections) ADMINISTRATIVE SITE PLAN _Qualified Commercial or Industrial (Fast Track)SITE PLAN PROJECT NAME: Vr&o_/L V�q lies rn 7hlydAnnex0±10ti LEGAL DESCRIPTION: SP P. Cl flaCh ed PROPERTY ADDRESS (if available): 0/0 PROPERTY OWNER: Name: J3roe Lnr a yfraprsifvons 11 L1-C Address: ?5z C1ay1-o% Street Den ver, Co Poao6 Primary Phone#: 3D3-s93- 0033 Secondary Phone#: Fax#: 3o3— 393— 8636 E-Mail: OWNER'S AUTHORIZED REPRESENTATIVE: Name: Sohn 5-tone Address: asz Clayton S-treet Denver, Co SozO6 Primary Phone It 3 o3- 393-oD ,3 Secondary Phone#: Fax#: 3O3 -393- .636 E-Mail: is-tone c`0broe.conn All correspondence will only be sent to the owner's authorized representative. It is the sole responsibility of the representative to redistribute correspondence to the owner and other applicable parties, i.e.engineers, architects,surveyors, attorneys, consultants,etc. I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are tnie and correct to the best of my knowledge. $roe-Lct d,Ac- isrtrons iii t...1-C., OCalorcrao lrmrf-ed A'ctpilily Con'finny 3/Z 3 Signature: Owne r Owner's Authorized Representative* D Jte to Alex Yet- A-ciqerrl" 'Proof of owner's auth'ortzatlbn is required with submittal if signed by Owner's Authorized Representative. ATTACHMENT to the AMENDED LAND USE APPLICATION FOR THE GREAT WESTERN THIRD ANNEXATION Legal Description of the Great Western Third Annexation A TRACT OF LAND SITUATE IN SECTIONS 26, 35, THE SOUTHEAST QUARTER OF SECTION 34, AND THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 26, SAID POINT BEING MARKED BY A 3" BRASS CAP WITH NO OTHER MARKINGS; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 26 TO HAVE A BEARING OF S89°41'47'W, (EAST END OF SAID LINE BEING MARKED BY A #6 REBAR WITH 2 1/2" ALUMINUM CAP STAMPED PLS 31169) BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983, WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 26, S00°25'32"E, 1,320.21 FEET TO THE CENTER SOUTH SIXTEENTH CORNER OF SECTION 26; THENCE N89°40'37"E, 2,603.15 FEET TO A POINT ON THE WESTERLY RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 23; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, S00°19'12"E, 671.17 FEET; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE, S89°38'31'W, 709.45 FEET; THENCE S00°18'28"E, 648.00 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE ALONG SAID NORTH LINE, N89°39'11"E, 709.59 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 23; THENCE S00°33'37"E, 826.57 FEET; THENCE S86°39'52"W, 187.11 FEET; THENCE S02°19'53"W, 462.13 FEET; THENCE N89°38'52"E, 210.20 FEET TO A POINT ON THE WESTERLY RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 23; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, S00°33'37"E, 918.99 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE, S89°28'46"W, 299.73 FEET; THENCE S00°32'10"E, 372.52 FEET; THENCE N89°33'56"E, 299.89 FEET TO A POINT ON THE WESTERLY RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 23; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, S00°33'37"E, 49.96 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 35; THENCE ALONG SAID SOUTH LINE, N89°32'33"E, 30.00 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 35; THENCE S44°51'43"E, 646.18 FEET; THENCE S36°26'43"E, 57.71 FEET; THENCE S41°40'07"W, 423.95 FEET; THENCE S14°13'50"E, 381.89 FEET TO THE SOUTH SIXTEENTH CORNER OF SECTIONS 35 AND 36; THENCE ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 35, N88°49'15"W, 2,240.46 FEET TO THE CENTER SOUTH SIXTEENTH CORNER OF SAID SECTION 35; THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35, S10°48'40"E, 1,127.72 FEET; THENCE N87°18'50"W, 2,326.02 FEET THENCE S84°16'00"W, 1,441.44 FEET; THENCE N00°00'05"W, 641.71 FEET TO A POINT ON THE SOUTHERLY TOP OF BANK OF THE CACHE LA POUDRE RIVER; THENCE ALONG SAID SOUTHERLY TOP OF BANK THE FOLLOWING SEVEN (7) COURSES: 1) N36°05'51"E, 64.27 FEET; 2) N21°22'15"E, 201.87 FEET; 3) N31°19'04"E, 192.28 FEET; 4) N42°52'40"E, 71.52 FEET; 5) N58°40'24"E, 68.14 FEET; 6) N80°24'35"E, 127.23 FEET; 7) S85°41'56"E, 418.10 FEET; THENCE ALONG SAID WEST LINE, N29°52'23"W, 41.57 FEET TO THE CENTERLINE OF THE CACHE LA POUDRE RIVER; THENCE GENERALLY ALONG THE CENTERLINE OF SAID RIVER THE FOLLOWING THIRTEEN (13) COURSES: 1) N84°13'03"E, 73.28 FEET; 2) N70°20'38"E, 81.99 FEET; 3) N50°40'46"E, 249.50 FEET; 4) N39°25'11"E, 141.35 FEET; 5) N59°00'59"E, 61.48 FEET; 6) N35°04'53"E, 218.40 FEET; 7) N14°47'58"E, 131.45 FEET; 8) N24°37'29'W, 150.24 FEET; 9) N16°13'28"E, 94.18 FEET; 10) N00°14'38"E, 113.71 FEET; 11) N49°11'34'W, 55.89 FEET; 12) N75°23'10"W, 51.85 FEET; 13) N46°20'03'W, 93.76 FEET TO THE CENTERLINE OF THE CACHE LA POUDRE RIVER; THENCE GENERALLY ALONG THE CENTERLINE OF SAID RIVER THE FOLLOWING TWELVE (12) COURSES: 1) N46°20'03"W, 99.09 FEET; 2) N16°46'04"W, 85.59 FEET; 3) N04°13'02"E, 266.14 FEET; 4) N40°32'53"E, 159.44 FEET; 5) N54°26'20"E, 199.22 FEET; 6) N34°05'29"E, 124.67 FEET; 7) N61°24'16"E, 48.97 FEET; 8) N85°02'00"E, 57.59 FEET; 9) S79°35'57"E, 50.85 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; 10) CONTINUING S79°35'57"E, 69.85 FEET; 11) S65°08'41"E, 141.98 FEET; 12) S45°45'54"E, 51.75 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE ALONG SAID NORTH LINE, N89°34'09"E, 683.51 FEET THENCE N00°04'37"W, 3,158.77 FEET; THENCE N24°53'10"E, 220.09 FEET; THENCE 57.14 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 130.50 FEET, A CENTRAL ANGLE OF 25°05'21", AND A CHORD WHICH BEARS N12°20'30"E, 56.69 FEET; THENCE N00°12'11'W, 82.36 FEET; THENCE 72.95 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 116.50 FEET, A CENTRAL ANGLE OF 35°52'47", AND A CHORD WHICH BEARS N18°08'34'W, 71.77 FEET; THENCE N36°04'57'W, 82.47 FEET; THENCE 87.84 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 139.50 FEET, A CENTRAL ANGLE OF 36°04'44", AND A CHORD WHICH BEARS N18°02'35"W, 86.40 FEET; THENCE N00°00'13"W, 1,011.59 FEET; THENCE N89°42'01"E, 188.97 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE ALONG SAID EAST LINE, N00°25'22"W, 2,475.57 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EASTMAN PARK DRIVE; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, N89°44'07"E, 1,254.98 FEET; THENCE S00°22'26"E, 2,574.71 FEET; THENCE S89°41'47"W, 1,252.79 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 545.93 ACRES (23,780,688 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. Project No. FOR PLANNING DEPARTMENT USE ONLY Application fee: $ Application checked by: Ap. received date: Date application checked: complete I rejected /114 g,UDED GENERAL APPLICATION OVERVIEW EXISTING ZONING: }4��ndusrr;a/, / vyrncluetrta/ PROPOSED ZONING: _1=-H, 0 TOTAL ACREAGE: 595. 93 TOTAL # OF PROPOSED LOTS: See fla5-1-rrflan Land use-Table AVERAGE LOT SIZE: MINIMUM LOT SIZE: ( TOTAL # OF PROPOSED PHASES: see attached ACREAGE PER PHASE: LOTS PER PHASE: PARKLAND (sq. ft. & acreages): See frlas-l-er Plan PARKLAND (public or private) IRRIGATION WATER (potable or non-potable) nor'-poi-able. UTILITIES TO BE PROVIDED BY: WATER: Town OrWrndsor SEWER: -row of Wfha'sor GAS: Xce I ELECTRIC: k'cf} PHONE: °Wes / IF THIS IS A FINAL APPLICATION, SUBMIT TOTALS OF THE FOLLOWING IN LINEAR FEET (use separate sheets if necessary): PUBLIC STREETS (break down by classification/width): PRIVATE STREETS (break down by classification/width): TOTAL STREETS (break down by classification/width): WATER LINES (break down by line sizes): SEWER LINES(break down by line sizes): CURB: GUTTER: SIDEWALK: OPEN SPACE (not to include detention areas) in sq ft & acres: TRAIL EASEMENTS (break down by width): ➢ Developed trail (break down by width, depth & material): ➢ Undeveloped trail (break down by width, depth & material): FOR PLANNING DEPARTMENT USE ONLY Applicable Corridor Plan: Metropolitan District: PROCEDURAL GUIDE-ANNEXATION GREAT WESTERN ANNEXATION 2,3 &4 August 18, 2005 Given its size and the anticipated market absorption for the planned uses within the Master Plan, this Property is intended to be developed in phases. The Annexation and Development Agreement for the Property will provide that each development project therein shall be required to submit to the Town, in accordance with Town requirements for the same, a set of infrastructure construction drawings which include all infrastructure improvements necessary to serve that particular phase of development. J AMENDED PETITION FOR ANNEXATION FOR THE GREAT WESTERN THIRD ANNEXATION The Petition for Annexation for the Great Western Third Annexation was heretofore filed with the TOWN OF WINDSOR on August 19, 2005 and all required fees were paid. Broe Land Acquisitions II, LLC, a Colorado limited liability company ("Petitioner') desires to amend such petition and, therefore, submits this petition to replace the Petition for Annexation filed on August 19, 2005, and alleges the following to be true and correct: A. Petitioner is the landowner of 100% of the territory proposed to be annexed, exclusive of streets and alleys, to be known upon annexation as the "Great Western Third Annexation", which annexation comprises 545.93 acres more or less and is legally described on Exhibit A attached hereto and incorporated herein by this reference. B. The perimeter of the proposed annexation has a distance of 36,866.71 feet of which 9,005.84 feet are contiguous to the existing TOWN limits of the TOWN OF WINDSOR. A minimum of 1/6 of the perimeter of the proposed annexation is contiguous to the TOWN OF WINDSOR. Petitioner further alleges: 1. It is desirable and necessary that said territory be annexed to the TOWN OF WINDSOR. 2. A community of interest exists between the said territory and the TOWN OF WINDSOR. 3. Said territory is urban or will be urbanized in the near future. 4. Said territory is integrated or capable of being integrated with the TOWN OF WINDSOR. 5. No land held in identical ownership is divided into separate parcels unless the owner of said tract has consented in writing or joins in this Petition. 6. No land held in identical ownership comprises 20 acres and together with improvements had an assessed valuation in excess of$200,000.00 in the year preceding the filing of this Petition. 7. No proceedings for annexation of the territory have been commenced for annexation to another municipality. 8. The signer hereof comprises the landowner of 100% of the territory proposed to be annexed exclusive of streets and alleys. 9. The mailing address of the Petitioner and the date of the Petitioner's signature is shown on this Petition for Annexation. Therefore, the undersigned Petitioner hereby requests that the TOWN OF WINDSOR approve the annexation of the area described on Exhibit A. In addition to the annexation, the undersigned Petitioner requests that the property described on Exhibit A be initially zoned into the following zoning districts: Heavy Industrial I-H District and Recreation and Open Space O District. This annexation and all promises and obligations of Petitioner contained herein are specifically conditioned upon the TOWN OF WINDSOR approving concurrently with this annexation (i) the Great Western Second Annexation; (ii) the Great Western Fourth Annexation; (iii) the master plan for the Great Western Second, Third and Fourth Annexations with conditions acceptable to Petitioner; (iv) the initial zoning of the property as herein requested; and (v) an Annexation and Development Agreement between the Petitioner and the TOWN OF WINDSOR with terms and conditions acceptable to Petitioner. Petitioner reserves the right to withdraw this Petition for Annexation at any time prior to the second reading of the ordinances annexing and zoning the area proposed to be annexed. PETITIONER: BROE LAND ACQUISITIONS, II, LLC, a Colorado limited liability company By: Alex Yeros, ent Date: /Hif2C# Z 7 , 2006 Petitioner's Mailing Address: 252 Clayton Street Denver, CO 80206 Exhibit A to the AMENDED PETITION FOR ANNEXATION FOR THE GREAT WESTERN THIRD ANNEXATION Legal Description of the Great Western Third Annexation A TRACT OF LAND SITUATE IN SECTIONS 26, 35, THE SOUTHEAST QUARTER OF SECTION 34, AND THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 26, SAID POINT BEING MARKED BY A 3" BRASS CAP WITH NO OTHER MARKINGS; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 26 TO HAVE A BEARING OF S89°41'47"W, (EAST END OF SAID LINE BEING MARKED BY A #6 REBAR WITH 2 1/2" ALUMINUM CAP STAMPED PLS 31169) BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983, WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 26, S00°25'32"E, 1,320.21 FEET TO THE CENTER SOUTH SIXTEENTH CORNER OF SECTION 26; THENCE N89°40'37"E, 2,603.15 FEET TO A POINT ON THE WESTERLY RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 23; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, S00°19'12"E, 671.17 FEET; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE, S89°38'31"W, 709.45 FEET; THENCE S00°18'28"E, 648.00 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE ALONG SAID NORTH LINE, N89°39'11"E, 709.59 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 23; THENCE S00°33'37"E, 826.57 FEET; THENCE S86°39'52"W, 187.11 FEET; THENCE S02°19'53"W, 462.13 FEET; THENCE N89°38'52"E, 210.20 FEET TO A POINT ON THE WESTERLY RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 23; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, S00°33'37"E, 918.99 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE, S89°28'46'W, 299.73 FEET; THENCE S00°32'10"E, 372.52 FEET; THENCE N89°33'56"E, 299.89 FEET TO A POINT ON THE WESTERLY RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 23; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, S00°33'37"E, 49.96 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 35; THENCE ALONG SAID SOUTH LINE, N89°32'33"E, 30.00 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 35; THENCE S44°51'43"E, 646.18 FEET; THENCE S36°26'43"E, 57.71 FEET; THENCE S41°40'07"W, 423.95 FEET; THENCE S14°13'50"E, 381.89 FEET TO THE SOUTH SIXTEENTH CORNER OF SECTIONS 35 AND 36; THENCE ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 35, N88°49'15"W, 2,240.46 FEET TO THE CENTER SOUTH SIXTEENTH CORNER OF SAID SECTION 35; THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35, S10°48'40"E, 1,127.72 FEET; THENCE N87°18'50"W, 2,326.02 FEET THENCE S84°16'00"W, 1,441.44 FEET; THENCE N00°00'05'W, 641.71 FEET TO A POINT ON THE SOUTHERLY TOP OF BANK OF THE CACHE LA POUDRE RIVER; THENCE ALONG SAID SOUTHERLY TOP OF BANK THE FOLLOWING SEVEN (7) COURSES: 1) N36°05'51"E, 64.27 FEET; 2) N21°22'15"E, 201.87 FEET; 3) N31°19'04"E, 192.28 FEET; 4) N42°52'40"E, 71.52 FEET; 5) N58°40'24"E, 68.14 FEET; 6) N80°24'35"E, 127.23 FEET; 7) S85°41'56"E, 418.10 FEET; THENCE ALONG SAID WEST LINE, N29°52'23'W, 41.57 FEET TO THE CENTERLINE OF THE CACHE LA POUDRE RIVER; THENCE GENERALLY ALONG THE CENTERLINE OF SAID RIVER THE FOLLOWING THIRTEEN (13) COURSES: 1) N84°13'03"E, 73.28 FEET; 2) N70°20'38"E, 81.99 FEET; 3) N50°40'46"E, 249.50 FEET; 4) N39°25'11"E, 141.35 FEET; 5) N59°00'59"E, 61.48 FEET; 6) N35°04'53"E, 218.40 FEET; 7) N14°47'58"E, 131.45 FEET; 8) N24°37'29"W, 150.24 FEET; 9) N16°13'28"E, 94.18 FEET; 10) N00°14'38"E, 113.71 FEET; 11) N49°11'34'1 , 55.89 FEET; 12) N75°23'10'1 , 51.85 FEET; 13) N46°20'03"W, 93.76 FEET TO THE CENTERLINE OF THE CACHE LA POUDRE RIVER; THENCE GENERALLY ALONG THE CENTERLINE OF SAID RIVER THE FOLLOWING TWELVE (12) COURSES: 1) N46°20'03'W, 99.09 FEET; 2) N16°46'04"W, 85.59 FEET; 3) N04°13'02"E, 266.14 FEET; 4) N40°32'53"E, 159.44 FEET; 5) N54°26'20"E, 199.22 FEET; 6) N34°05'29"E, 124.67 FEET; 7) N61°24'16"E, 48.97 FEET; 8) N85°02'00"E, 57.59 FEET; 9) S79°35'57"E, 50.85 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; 10) CONTINUING S79°35'57"E, 69.85 FEET; 11) S65°08'41"E, 141.98 FEET; 12) S45°45'54"E, 51.75 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE ALONG SAID NORTH LINE, N89°34'09"E, 683.51 FEET THENCE N00°04'37"W, 3,158.77 FEET; THENCE N24°53'10"E, 220.09 FEET; THENCE 57.14 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 130.50 FEET, A CENTRAL ANGLE OF 25°05'21", AND A CHORD WHICH BEARS N12°20'30"E, 56.69 FEET; THENCE N00°12'11"W, 82.36 FEET; THENCE 72.95 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 116.50 FEET, A CENTRAL ANGLE OF 35°52'47", AND A CHORD WHICH BEARS N18°08'34"W, 71.77 FEET; THENCE N36°04'57'W, 82.47 FEET; THENCE 87.84 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 139.50 FEET, A CENTRAL ANGLE OF 36°04'44", AND A CHORD WHICH BEARS N18°02'35"W, 86.40 FEET; THENCE N00°00'13"W, 1,011.59 FEET; THENCE N89°42'01"E, 188.97 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE ALONG SAID EAST LINE, N00°25'22'W, 2,475.57 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EASTMAN PARK DRIVE; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, N89°44'07"E, 1,254.98 FEET; THENCE S00°22'26"E, 2,574.71 FEET; THENCE S89°41'47"W, 1,252.79 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 545.93 ACRES (23,780,688 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. TOWN OF WINDSOR PLANNING DEPARTMENT 301 Walnut Street Windsor, Colorado 80550 Phone: 970/686.7476 Fax:970/686-7180 Project No. A-men/Den LAND USE APPLICATION FORM Land use applications shall include all items listed in the application submittal checklist and the Town of Windsor Planning Procedures Manual. The Town of Windsor Planning Department reserves the right to refuse to accept incomplete submittals. Please see the Town's Planning Procedures Manual for submittal requirements. APPLICATION TYPE: STATUS: X ANNEXATION _ Preliminary MASTER PLAN Corrections to Staff Comments REZONING Final MINOR SUBDIVISION Fast track(original submittal) _MAJOR SUBDIVISION Fast track (resubmittal with _SITE PLAN corrections) ADMINISTRATIVE SITE PLAN Qualified Commercial or Industrial (Fast Track) SITE PLAN PROJECT NAME: 6r ea-t Western tour-th An n e)C G/-1 i on LEGAL DESCRIPTION: See Gl 1 Jack edd PROPERTY ADDRESS (If available): !'i Ai PROPERTY SWNER: Name: Vi'ch rnci r` Wine, LLG Address: 31703 WCC 23 Greeley, Co 8063/ Primary Phone#: q70- 636-a2'67 Secondary Phone#: Fax#: E-Mail: OWNER'S AUTHORIZED REPRESENTATIVE: Name: 3-ohn 5-font- Address: . ea Clctyfon 5-treet Denver. Co 50206 Primary Phone#: 303- 393-Lv33 Secondary Phone#: Fax#: 3O3-,R q3- .%3.6 E-Mail: Js-t-c�h e a`7 broe . corn All correspondence will only be sent to the owners authorized representative. It is the sole responsibility of the representative to redistribute correspondence to the owner and other applicable parties, i.e. engineers, architects, surveyors, attorneys, consultants,etc. I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. Cerch mar I/I/r'rrPJLLc, aColorodo Lim(fed l rabi!Hy covnporn)/ Plat l.�,t?vt1r szi 11'1 a n aq� 3/3.3/ 0 6 Signature: ner or Owner's Authorised Represent tive* D to Marilyn Weri7rneister, "'tanager *Proof of er's authorization is reqUired with submittal if signed by Owner's Authorized Representative. GREAT WESTERN ANNEXATION 2, 3 &4 August 18, 2005 Given its size and the anticipated market absorption for the planned uses within the Master Plan, this Property is intended to be developed in phases. The Annexation and Development Agreement for the Property will provide that each development project therein shall be required to submit to the Town, in accordance with Town requirements for the same, a set of infrastructure construction drawings which include all infrastructure improvements necessary to serve that particular phase of development. Project No. FOR PLANNING DEPARTMENT USE ONLY Application fee: $ Application checked by: Ap. received date: Date application checked: complete I rejected AMENDED GENERAL APPLICATION OVERVIEW EXISTING ZONING: A5 ncluf:I Irr lj t*PavyTndt5fiic+/ PROPOSED ZONING: /-j TOTAL ACREAGE: 75. 36 TOTAL # OF PROPOSED LOTS: SeP/90ble'rE nLancl UseTab's AVERAGE LOT SIZE: MINIMUM LOT SIZE: TOTAL# OF PROPOSED PHASES: See atfracl,ed ACREAGE PER PHASE: , LOTS PER PHASE: PARKLAND (sq. ft. & acreages): See /i'/a5-/z'r Plan PARKLAND (public or private) IRRIGATION WATER (potable or non-potable) non—pata bled UTILITIES TO BE PROVIDED BY: WATER: Town O-f- Wire/son SEWER: "Town o-F W'nclsor GAS: 1Cc el ELECTRIC: f2c>I- PHONE: ( wes-/- IF THIS IS A FINAL APPLICATION, SUBMIT TOTALS OF THE FOLLOWING IN LINEAR FEET (use separate sheets if necessary): PUBLIC STREETS (break down by classification/width): PRIVATE STREETS (break down by classification/width): TOTAL STREETS (break down by classification/width): WATER LINES (break down by line sizes): SEWER LINES(break down by line sizes): CURB: GUTTER: SIDEWALK: OPEN SPACE (not to include detention areas) in sq ft & acres: TRAIL EASEMENTS (break down by width): > Developed trail (break down by width, depth & material): > Undeveloped trail (break down by width, depth & material): FOR PLANNING DEPARTMENT USE ONLY Applicable Corridor Plan: Metropolitan District: PROCEDURAL GUIDE-ANNEXATION GREAT WESTERN ANNEXATION 2, 3&4 August 18, 2005 Given its size and the anticipated market absorption for the planned uses within the Master Plan, this Property is intended to be developed in phases. The Annexation and Development Agreement for the Property will provide that each development project therein shall be required to submit to the Town, in accordance with Town requirements for the same, a set of infrastructure construction drawings which include all infrastructure improvements necessary to serve that particular phase of development. AMENDED PETITION FOR ANNEXATION FOR THE GREAT WESTERN FOURTH ANNEXATION The Petition for Annexation for the Great Western Fourth Annexation was heretofore filed with the TOWN OF WINDSOR on August 19, 2005 and all required fees were paid. Richmar Wine, LLC, a Colorado limited liability company ("Petitioner"), desires to amend such petition and, therefore, submits this petition to replace the Petition for Annexation filed on August 19, 2005, and alleges the following to be true and correct: A. Petitioner is the landowner of 100% of the territory proposed to be annexed, exclusive of streets and alleys, to be known upon annexation as the "Great Western Fourth Annexation", which annexation comprises 75.36 acres more or less and is legally described on Exhibit A attached hereto and incorporated herein by this reference. B. The perimeter of the proposed annexation has a distance of 7,542.07 feet of which 3,887.46 feet are contiguous to the existing TOWN limits of the TOWN OF WINDSOR. A minimum of 1/6 of the perimeter of the proposed annexation is contiguous to the TOWN OF WINDSOR. Petitioner further alleges: 1. It is desirable and necessary that said territory be annexed to the TOWN OF WINDSOR. 2. A community of interest exists between the said territory and the TOWN OF WINDSOR. 3. Said territory is urban or will be urbanized in the near future. 4. Said territory is integrated or capable of being integrated with the TOWN OF WINDSOR. 5. No land held in identical ownership is divided into separate parcels unless the owner of said tract has consented in writing or joins in this Petition. 6. No land held in identical ownership comprises 20 acres and together with improvements had an assessed valuation in excess of $200,000.00 in the year preceding the filing of this Petition. 7. No proceedings for annexation of the territory have been commenced for annexation to another municipality. 8. The signer hereof comprises the landowner of 100% of the territory proposed to be annexed exclusive of streets and alleys. 9. The mailing address of the Petitioner and the date of the Petitioner's signature is on this Petition for Annexation. Therefore, the undersigned Petitioner hereby requests that the TOWN OF WINDSOR approve the annexation of the area described on Exhibit A. In addition to the annexation, the undersigned Petitioner requests that the property described on Exhibit A be initially zoned into the following zoning district: Heavy Industrial I-H District. This annexation and all promises and obligations of Petitioner contained herein are specifically conditioned upon the TOWN OF WINDSOR approving concurrently with this annexation (i) the Great Western Second Annexation; (ii) the Great Western Third Annexation; (iii) the master plan for the Great Western Second, Third and Fourth Annexations with conditions acceptable to Petitioner; (iv) the initial zoning of the property as herein requested; and (v) an Annexation and Development Agreement between the Petitioner and the TOWN OF WINDSOR with terms and conditions acceptable to Petitioner. Petitioner reserves the right to withdraw this Petition for Annexation at any time prior to the second reading of the ordinances annexing and zoning the area proposed to be annexed. PETITIONER: Richmar Wine, LLC, A Colorado limited liability company By: M� i) (f����i11 , maw '1 Marilyn inmeister, Manager or Date: 3/ , 2006 Petitioner's Mailing Address: 31703 WCR 23 Greeley, CO 80631 Exhibit A to the AMENDED PETITION FOR ANNEXATION FOR THE GREAT WESTERN FOURTH ANNEXATION Legal Description of the Great Western Fourth Annexation A TRACT OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER EAST SIXTEENTH CORNER OF SAID SECTION 26, AND CONSIDERING THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 26 TO BEAR N00°22'26'1, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: (SAID BEARING IS A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983 (1992), DETERMINED BY GEODETIC (GPS)OBSERVATIONS). THENCE ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 26, N00°22'26"W, 2,599.67 FEET TO A POINT ON THE RIGHT-OF-WAY LINE SET FORTH ON THE DEED OF DEDICATION RECORDED AT RECEPTION NO. 3281762 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING FOUR (4) COURSES: 1. N89°44'55"E, 755.81 FEET 2. 824.10 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 525.00 FEET, A CENTRAL ANGLE OF 89°56'16", AND A CHORD WHICH BEARS S45°16'57"E, 742.06 FEET; 3. S00°18'49"E, 228.26 FEET: 4. 110.15 FEET ALONG A CURVE TO THE LEFT HAVING RADIUS OF 605.00 FEET, A CENTRAL ANGLE OF 10°25'54", AND A CHORD WHICH BEARS S05°31'46"E, 110.00 FEET TO A POINT ON THE EXISTING RIGHT-OF-WAY LINE FOR WELD COUNTY ROAD 23; THENCE ALONG SAID RIGHT-OF-WAY LINE, S00°19'23"E, 1,736.29 FEET TO A POINT ON THE NORTH BOUNDARY OF RECORDED EXEMPTION RE-4063, RECEPTION NO. 3291873, SAID POINT ALSO BEING ON THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE ALONG SAID NORTH LINE, S89°41'50"W, 1,287.79 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 75.36 ACRES (3,282,884 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS, AND RESTRICTIONS OF RECORD, OR THAT NOW EXIST ON THE GROUND. NOTICE OF PUBLIC HEARING Pursuant to Town of Windsor Resolution No. 2006-44, a copy of which is attached hereto as Exhibit "A", the Windsor Town Board will hold a public hearing on Monday, September 25, 2006, at 7:00 p.m. in the Town Hall Board Room, 301 Walnut Street, Windsor, Colorado, to receive public comment and consider ordinances approving the annexation and zoning of the following: (i) approximately 775.74 acres to the Town of Windsor known as the Great Western Second Annexation, (ii) approximately 545.93 acres to the Town of Windsor known as the Great Western Third Annexation, and (H) approximately 75.36 acres to the Town of Windsor known as the Great Western Fourth Annexation; and to consider the following site specific development plans in connection with such annexations, the approval of which may create vested property rights pursuant to Colorado law: (i) the Great Western Master Plan and (ii) the Great Western Annexation and Development Agreement. The property included in the Great Western Second Annexation is legally described as follows: A TRACT OF LAND SITUATE IN SECTIONS 27, 34, AND THE EAST HALF OF SECTIONS 28 AND 33, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 34, SAID POINT BEING MARKED BY A 2 1/2" ALUMINUM CAP STAMPED LS 31169; AND CONSIDERING THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34 TO HAVE AN ASSUMED BEARING OF S89°42'22"W, (WEST END OF SAID LINE BEING MARKED BY A 2 1/2" ALUMINUM CAP STAMPED LS 31169) BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983, WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG SAID SOUTH LINE, S89°42'22"W, 1 ,191.15 FEET TO THE NORTH SIXTEENTH CORNER OF SAID SECTION 34; THENCE S89°43'52"W, 1,431.99 FEET TO THE NORTHWEST SIXTEENTH CORNER OF SAID SECTION 34; THENCE S05°29'44"E, 1,323.82 FEET TO THE WEST SIXTEENTH CORNER OF SAID SECTION 34; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34, N89°49'11"E, 112.45 FEET TO A POINT ON THE NORTH TOP BANK OF THE CACHE LA POUDRE RIVER; THENCE ALONG SAID NORTH TOP BANK THE FOLLOWING NINE (9) COURSES: 1. S47°39'54"E, 96.16 FEET; 2. S63°19'51"E, 145.64 FEET; 3. S63°20'24"E, 165.53 FEET; 4. S61°36'06"E, 178.58 FEET; 5. S55°49'36"E, 343.62 FEET; 6. S39°11'21"E, 666.47 FEET; 7. S47°14'02"E, 241.40 FEET; 8. S42°09'12"E, 112.35 FEET; 9. S24°37'22"E, 22.47 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 1547170 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE NORTHERLY AND WESTERLY LINES OF SAID PARCEL THE FOLLOWING TWO (2) COURSES: 1. S89°59'27"W, 15.96 FEET; 2. S00°00'33"E, 46.00 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 2346661 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL THE FOLLOWING SEVEN (7) COURSES: 1. S18°51'49"W, 157.80 FEET; 2. S65°58'22"W, 77.05 FEET; 3. N89°44'14"W, 1,157.23 FEET; 4. N89°48'21"W, 890.75 FEET; 5. N74°12'22"W, 112.97 FEET; 6. S75°08'30"W, 90.32 FEET; 7. S88°11'36"W, 440.63 FEET TO A POINT ON THE EASTERLY BOUNDARY OF POUDRE TECH CENTER ANNEXATION RECORDED DECEMBER 27, 1990 AT RECEPTION NO. 02236969; THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1. N13°35'08"W, 1,333.54 FEET; 2. 116.68 FEET ALONG A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1777.50 FEET, A CENTRAL ANGLE OF 03°45'40", AND A CHORD WHICH BEARS N14°49'48"W, 116.65 FEET; 3. N00°14'45"W, 76.57 FEET; 4. S89°03'11"W, 80.01 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE FOR THE GREAT WESTERN RAILWAY, RECORDED AT BOOK 271, PAGE 319; 5. ALONG SAID RAILROAD RIGHT-OF-WAY LINE, N00°15'07"W, 7,829.94 FEET; THENCE CONTINUING, N00°15'07"W, 3.12 FEET; THENCE N89°24'06"E, 159.73 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EASTMAN PARK DRIVE; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, N89°24'06"E, 2,557.30 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF- WAY LINE, N89°24'43"E, 2,606.54 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 27; THENCE ALONG SAID EAST LINE, S00°31'48"E, 1,256.24 FEET TO THE NORTH SIXTEENTH CORNER COMMON TO SECTIONS 26 AND 27; THENCE S89°27'56"W, 1,305.13 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 27; THENCE S00°27'03"E, 1,320.03 FEET TO THE EAST SIXTEENTH CORNER OF SAID SECTION 27; THENCE S00°27'03"E, 2,640.33 FEET TO THE EAST SIXTEENTH CORNER COMMON TO SECTIONS 27 AND 34; THENCE S05°33'47"E, 1,328.57 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 34, SAID POINT ALSO BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINS 775.74 ACRES (33,791,054 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF- WAY, EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. The property included in the Great Western Third Annexation is legally described as follows: A TRACT OF LAND SITUATE IN SECTIONS 26, 35, THE SOUTHEAST QUARTER OF SECTION 34, AND THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 26, SAID POINT BEING MARKED BY A 3" BRASS CAP WITH NO OTHER MARKINGS; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 26 TO HAVE A BEARING OF S89°41'47"W, (EAST END OF SAID LINE BEING MARKED BY A #6 REBAR WITH 2 1/2" ALUMINUM CAP STAMPED PLS 31169) BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983, WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 26, S00°25'32"E, 1,320.21 FEET TO THE CENTER SOUTH SIXTEENTH CORNER OF SECTION 26; THENCE N89°40'37"E, 2,603.15 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 23; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, S00°19'12"E, 671.17 FEET; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE, S89°38'31"W, 709.45 FEET; THENCE S00°18'28"E, 648.00 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE ALONG SAID NORTH LINE, N89°39'11"E, 709.59 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 23; THENCE S00°33'37"E, 826.57 FEET; THENCE S86°39'52"W, 187.11 FEET; THENCE S02°19'53"W, 462.13 FEET; THENCE N89°38'52"E, 210.20 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 23; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, S00°33'37"E, 918.99 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE, S89°28'46"W, 299.73 FEET; THENCE S00°32'10"E, 372.52 FEET; THENCE N89°33'56"E, 299.89 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 23; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, S00°33'37"E, 49.96 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 35; THENCE ALONG SAID SOUTH LINE, N89°32'33"E, 30.00 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 35; THENCE S44°51'43"E, 646.18 FEET; THENCE S36°26'43"E, 57.71 FEET; THENCE S41°40'07"W, 423.95 FEET; THENCE S14°13'50"E, 381.89 FEET TO THE SOUTH SIXTEENTH CORNER OF SECTIONS 35 AND 36; THENCE ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 35, N88°49'15"W, 2,240.46 FEET TO THE CENTER SOUTH SIXTEENTH CORNER OF SAID SECTION 35; THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35, S10°48'40"E, 1,127.72 FEET; THENCE N87°18'50"W, 2,326.02 FEET THENCE S84°16'00"W, 1,441.44 FEET; THENCE N00°00'05"W, 641.71 FEET TO A POINT ON THE SOUTHERLY TOP OF BANK OF THE CACHE LA POUDRE RIVER; THENCE ALONG SAID SOUTHERLY TOP OF BANK THE FOLLOWING SEVEN (7) COURSES: 1) N36°05'51"E, 64.27 FEET; 2) N21°22'15"E, 201.87 FEET; 3) N31°19'04"E, 192.28 FEET; 4) N42°52'40"E, 71.52 FEET; 5) N58°40'24"E, 68.14 FEET; 6) N80°24'35"E, 127.23 FEET; 7) S85°41'56"E, 418.10 FEET; THENCE ALONG SAID WEST LINE, N29°52'23"W, 41.57 FEET TO THE CENTERLINE OF THE CACHE LA POUDRE RIVER; THENCE GENERALLY ALONG THE CENTERLINE OF SAID RIVER THE FOLLOWING THIRTEEN (13) COURSES: 1) N84°13'03"E, 73.28 FEET; 2) N70°20'38"E, 81.99 FEET; 3) N50°40'46"E, 249.50 FEET; 4) N39°25'11"E, 141.35 FEET; 5) N59°00'59"E, 61.48 FEET; 6) N35°04'53"E, 218.40 FEET; 7) N14°47'58"E, 131.45 FEET; 8) N24°37'29"W, 150.24 FEET; 9) N16°13'28"E, 94.18 FEET; 10) N00°14'38"E, 113.71 FEET; 11) N49°11'34"W, 55.89 FEET; 12) N75°23'10"W, 51.85 FEET; 13) N46°20'03"W, 93.76 FEET TO THE CENTERLINE OF THE CACHE LA POUDRE RIVER; THENCE GENERALLY ALONG THE CENTERLINE OF SAID RIVER THE FOLLOWING TWELVE (12) COURSES: 1) N46°20'03"W, 99.09 FEET; 2) N16°46'04"W, 85.59 FEET; 3) N04°13'02"E, 266.14 FEET; 4) N40°32'53"E, 159.44 FEET; 5) N54°26'20"E, 199.22 FEET; 6) N34°05'29"E, 124.67 FEET; 7) N61°24'16"E, 48.97 FEET; 8) N85°02'00"E, 57.59 FEET; 9) S79°35'57"E, 50.85 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; 10) CONTINUING S79°35'57"E, 69.85 FEET; 11) S65°08'41"E, 141.98 FEET; 12) S45°45'54"E, 51.75 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE ALONG SAID NORTH LINE, N89°34'09"E, 683.51 FEET THENCE N00°04'37"W, 3,158.77 FEET; THENCE N24°53'10"E, 220.09 FEET; THENCE 57.14 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 130.50 FEET, A CENTRAL ANGLE OF 25°05'21", AND A CHORD WHICH BEARS N12°20'30"E, 56.69 FEET; THENCE N00°12'11"W, 82.36 FEET; THENCE 72.95 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 116.50 FEET, A CENTRAL ANGLE OF 35°52'47", AND A CHORD WHICH BEARS N18°08'34"W, 71.77 FEET; THENCE N36°04'57"W, 82.47 FEET; THENCE 87.84 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 139.50 FEET, A CENTRAL ANGLE OF 36°04'44", AND A CHORD WHICH BEARS N18°02'35"W, 86.40 FEET; THENCE N00°00'13"W, 1,011.59 FEET; THENCE N89°42'01"E, 188.97 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE ALONG SAID EAST LINE, N00°25'22"W, 2,475.57 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EASTMAN PARK DRIVE; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, N89°44'07"E, 1,254.98 FEET; THENCE S00°22'26"E, 2,574.71 FEET; THENCE S89°41'47"W, 1,252.79 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 545.93 ACRES (23,780,688 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF- WAY, EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. The property included in the Great Western Fourth Annexation is legally described as follows: • A TRACT OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER EAST SIXTEENTH CORNER OF SAID SECTION 26, AND CONSIDERING THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 26 TO BEAR N00°22'26"W, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: (SAID BEARING IS A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983 (1992), DETERMINED BY GEODETIC (GPS) OBSERVATIONS). THENCE ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 26, N00°22'26"W, 2,599.67 FEET TO A POINT ON THE RIGHT-OF-WAY LINE SET FORTH ON THE DEED OF DEDICATION RECORDED AT RECEPTION NO. 3281762 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING FOUR (4) COURSES: 1. N89°44'55"E, 755.81 FEET 2. 824.10 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 525.00 FEET, A CENTRAL ANGLE OF 89°56'16", AND A CHORD WHICH BEARS S45°16'57"E, 742.06 FEET; 3. S00°18'49"E, 228.26 FEET: 4. 110.15 FEET ALONG A CURVE TO THE LEFT HAVING RADIUS OF 605.00 FEET, A CENTRAL ANGLE OF 10°25'54", AND A CHORD WHICH BEARS S05°31'46"E, 110.00 FEET TO A POINT ON THE EXISTING RIGHT-OF-WAY LINE FOR WELD COUNTY ROAD 23; THENCE ALONG SAID RIGHT-OF-WAY LINE, S00°19'23"E, 1,736.29 FEET TO A POINT ON THE NORTH BOUNDARY OF RECORDED EXEMPTION RE-4063, RECEPTION NO. 3291873, SAID POINT ALSO BEING ON THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE ALONG SAID NORTH LINE, S89°41'50"W, 1,287.79 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 75.36 ACRES (3,282,884 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF- WAY, EASEMENTS, AND RESTRICTIONS OF RECORD, OR THAT NOW EXIST ON THE GROUND. Interested persons are invited to attend and provide comments on this proposal. Information regarding the proposals is available for public inspection at the Windsor Planning Department, 301 Walnut Street, Windsor, Colorado during Town's normal business hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, exclusive of holidays. Cathy M. Kennedy Town Clerk Published in The Windsor Beacon August 24th and 31st and September 7th and 14th, 2006 GREAT WESTERN MASTER PLAN ., J�. ,1 > Kd lO[ '44ir- t --J. , - .3 .. .,. _ . , .. . . .. . ,„,,,,, . i ...... .....__, ...., _ , .. . , , , , , --ii,--,---,2-i ....., , •ft. , • 1 ,._.... `t �j. if .+j L' �• 1 i Or F - �i- :S� ��i •f /� � 4 • rte ViCIN/771 MP NOT TO SCALE WINDSOR i,1' _� Town of Windsor tad„� : 301 Walnut Street • Windsor, Colorado 80550 • 970-686-7476•Fax ,970-686-7180 • wow) windsorgoucom COLO ANNEXATION IMPACT REPORT GREAT WESTERN SECOND, THIRD & FOURTH ANNEXATION & MASTER PLAN The parcels proposed for annexation contain approximately 1397 acres generally located south of and adjacent to Eastman Park Drive (Weld County Road 66); east of and adjacent to State Highway 257; west of and adjacent to Weld County Road 23; and north of the Cache la Poudre River; being more particularly described in the attached legal description. 1) (a) Please see the enclosed master plan and vicinity map for current and proposed municipal boundaries. (b) Please see the enclosed master plan (see also Item#3 below). (c) Please see the enclosed annexation map and master plan for the current and proposed land use patterns of the proposed annexation and the enclosed Town of Windsor Land Use Plan map for the proposed land use patterns for the subject property to be annexed and for surrounding properties. 2) A draft annexation agreement is being submitted to the Weld County Clerk to the Board of County Commissioners. 3) Municipal services will be provided as follows: > Water — The Town of Windsor will provide potable water service to the proposed development. The potable water system will be constructed solely at the developer's expense. A non-potable irrigation system will be required to be constructed solely at the developer's expense in order to reduce the amount of potable water required. > Sewage Disposal —The Town of Windsor will provide sanitary sewer service to the proposed development. All necessary sewage disposal improvements shall be constructed by the developer solely at the developer's expense. > Drainage Facilities — Drainage infrastructure per the Town's requirements is to be constructed by the developer solely at the developer's expense. > Fire Protection—Windsor-Severance Fire Protection District > Police Protection —Town of Windsor Police Department > School — Weld County School District RE-4 (enclosed please find an Impact Statement from the School District) 4) Installation and financing of infrastructure extensions, as well as any applicable reimbursements for previously oversized infrastructure to serve the subject property, shall be the sole responsibility of the developer. 5) Enclosed please find a list identifying all existing districts within the area to be annexed. 6) Enclosed please find an Impact Statement from the Weld County School District RE-4. All development proposals are required to comply with the Town of Windsor Comprehensive Plan, Zoning and Subdivision Ordinances, any applicable Corridor Plans and all other Municipal Code requirements. 1 g ( 2-`k O Scott Ballstadt, AICP, Senior Planner Date annex impact report Legal Description of the Great Western Second Annexation A TRACT OF LAND SITUATE IN SECTIONS 27, 34, AND THE EAST HALF OF SECTIONS 28 AND 33, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 34, SAID POINT BEING MARKED BY A 2 1/2" ALUMINUM CAP STAMPED LS 31169; AND CONSIDERING THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34 TO HAVE AN ASSUMED BEARING OF S89°42'22'W, (WEST END OF SAID LINE BEING MARKED BY A 2 1/2" ALUMINUM CAP STAMPED LS 31169) BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983, WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG SAID SOUTH LINE, S89°42'22"W, 1,191.15 FEET TO THE NORTH SIXTEENTH CORNER OF SAID SECTION 34; THENCE S89°43'52'W, 1,431.99 FEET TO THE NORTHWEST SIXTEENTH CORNER OF SAID SECTION 34; THENCE S05°29'44"E, 1,323.82 FEET TO THE WEST SIXTEENTH CORNER OF SAID SECTION 34; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34, N89°49'11"E, 112.45 FEET TO A POINT ON THE NORTH TOP BANK OF THE CACHE LA POUDRE RIVER; THENCE ALONG SAID NORTH TOP BANK THE FOLLOWING NINE (9) COURSES: 1. S47°39'54"E, 96.16 FEET; 2. S63°19'51"E, 145.64 FEET; 3. S63°20'24"E, 165.53 FEET; 4. S61°36'06"E, 178.58 FEET; 5. S55°49'36"E, 343.62 FEET; 6. S39°11'21"E, 666.47 FEET; 7. S47°14'02"E, 241.40 FEET; 8. S42°09'12"E, 112.35 FEET; 9. S24°37'22"E, 22.47 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 1547170 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE NORTHERLY AND WESTERLY LINES OF SAID PARCEL THE FOLLOWING TWO (2) COURSES: 1. S89°59'27'W, 15.96 FEET; 2. S00°00'33"E, 46.00 FEET TO A POINT ON THE NORTHERLY LINE OF THAT PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 2346661 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL THE FOLLOWING SEVEN (7) COURSES: 1. S18°51'49'W, 157.80 FEET; 2. S65°58'22'W, 77.05 FEET; 3. N89°44'14'W, 1,157.23 FEET; 4. N89°48'21'W, 890.75 FEET; 5. N74°12'22'W, 112.97 FEET; 6. S75°08'30'W, 90.32 FEET; 7. 588°11'36'W, 440.63 FEET TO A POINT ON THE EASTERLY BOUNDARY OF POUDRE TECH CENTER ANNEXATION RECORDED DECEMBER 27, 1990 AT RECEPTION NO. 02236969; THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1. N13°35'08'W, 1,333.54 FEET; 2. 116.68 FEET ALONG A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1777.50 FEET, A CENTRAL ANGLE OF 03°45'40", AND A CHORD WHICH BEARS N14°49'48"W, 116.65 FEET; 3. N00°14'45"W, 76.57 FEET; 4. S89°03'11"W, 80.01 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE FOR THE GREAT WESTERN RAILWAY, RECORDED AT BOOK 271, PAGE 319; 5. ALONG SAID RAILROAD RIGHT-OF-WAY LINE, N00°15'07"W, 7,829.94 FEET; THENCE CONTINUING, N00°15'07"W, 3.12 FEET; THENCE N89°24'06"E, 159.73 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EASTMAN PARK DRIVE; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, N89°24'06"E, 2,557.30 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, N89°24'43"E, 2,606.54 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 27; THENCE ALONG SAID EAST LINE, S00°31'48"E, 1,256.24 FEET TO THE NORTH SIXTEENTH CORNER COMMON TO SECTIONS 26 AND 27; THENCE S89°27'56"W, 1,305.13 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 27; THENCE S00°27'03"E, 1,320.03 FEET TO THE EAST SIXTEENTH CORNER OF SAID SECTION 27; THENCE S00°27'03"E, 2,640.33 FEET TO THE EAST SIXTEENTH CORNER COMMON TO SECTIONS 27 AND 34; THENCE S05°33'47"E, 1,328.57 FEET TO THE NORTHEAST SIXTEENTH CORNER OF SAID SECTION 34, SAID POINT ALSO BEING THE POINT OF BEGINNING. SAID PARCEL CONTAINS 775.74 ACRES (33,791,054 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. Legal Description of the Great Western Third Annexation A TRACT OF LAND SITUATE IN SECTIONS 26, 35, THE SOUTHEAST QUARTER OF SECTION 34, AND THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 26, SAID POINT BEING MARKED BY A 3" BRASS CAP WITH NO OTHER MARKINGS; AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 26 TO HAVE A BEARING OF S89°41'47"W, (EAST END OF SAID LINE BEING MARKED BY A #6 REBAR WITH 2 1/2" ALUMINUM CAP STAMPED PLS 31169) BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983, WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 26, S00°25'32"E, 1,320.21 FEET TO THE CENTER SOUTH SIXTEENTH CORNER OF SECTION 26; THENCE N89°40'37"E, 2,603.15 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 23; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, S00°19'12"E, 671.17 FEET; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE, S89°38'31"W, 709.45 FEET; THENCE S00°18'28"E, 648.00 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE ALONG SAID NORTH LINE, N89°39'11"E, 709.59 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 23; THENCE S00°33'37"E, 826.57 FEET; THENCE S86°39'52"W, 187.11 FEET; THENCE S02°19'53"W, 462.13 FEET; THENCE N89°38'52"E, 210.20 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 23; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, S00°33'37"E, 918.99 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE, S89°28'46"W, 299.73 FEET; THENCE S00°32'10"E, 372.52 FEET; THENCE N89°33'56"E, 299.89 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 23; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, S00°33'37"E, 49.96 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 35; THENCE ALONG SAID SOUTH LINE, N89°32'33"E, 30.00 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 35; THENCE S44°51'43"E, 646.18 FEET; THENCE S36°26'43"E, 57.71 FEET; THENCE S41°40'07"W, 423.95 FEET; THENCE S14°13'50"E, 381.89 FEET TO THE SOUTH SIXTEENTH CORNER OF SECTIONS 35 AND 36; THENCE ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 35, N88°49'15"W, 2,240.46 FEET TO THE CENTER SOUTH SIXTEENTH CORNER OF SAID SECTION 35; THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35, S10°48'40"E, 1,127.72 FEET; THENCE N87°18'50"W, 2,326.02 FEET THENCE S84°16'00"W, 1,441.44 FEET; THENCE N00°00'05"W, 641.71 FEET TO A POINT ON THE SOUTHERLY TOP OF BANK OF THE CACHE LA POUDRE RIVER; THENCE ALONG SAID SOUTHERLY TOP OF BANK THE FOLLOWING SEVEN (7) COURSES: 1) N36°05'51"E, 64.27 FEET; 2) N21°22'15"E, 201.87 FEET; 3) N31°19'04"E, 192.28 FEET; 4) N42°52'40"E, 71.52 FEET; 5) N58°40'24"E, 68.14 FEET; 6) N80°24'35"E, 127.23 FEET; 7) S85°41'56"E, 418.10 FEET; THENCE ALONG SAID WEST LINE, N29°52'23"W, 41.57 FEET TO THE CENTERLINE OF THE CACHE LA POUDRE RIVER; THENCE GENERALLY ALONG THE CENTERLINE OF SAID RIVER THE FOLLOWING THIRTEEN (13) COURSES: 1) N84°13'03"E, 73.28 FEET; 2) N70°20'38"E, 81.99 FEET; 3) N50°40'46"E, 249.50 FEET; 4) N39°25'11"E, 141.35 FEET; 5) N59°00'59"E, 61.48 FEET; 6) N35°04'53"E, 218.40 FEET; 7) N14°47'58"E, 131.45 FEET; 8) N24°37'29"W, 150.24 FEET; 9) N16°13'28"E, 94.18 FEET; 10) N00°14'38"E, 113.71 FEET; 11) N49°11'34"W, 55.89 FEET; 12) N75°23'10'W, 51.85 FEET; 13) N46°20'03'W, 93.76 FEET TO THE CENTERLINE OF THE CACHE LA POUDRE RIVER; THENCE GENERALLY ALONG THE CENTERLINE OF SAID RIVER THE FOLLOWING TWELVE (12) COURSES: 1) N46°20'03"W, 99.09 FEET; 2) N16°46'04"W, 85.59 FEET; 3) N04°13'02"E, 266.14 FEET; 4) N40°32'53"E, 159.44 FEET; 5) N54°26'20"E, 199.22 FEET; 6) N34°05'29"E, 124.67 FEET; 7) N61°24'16"E, 48.97 FEET; 8) N85°02'00"E, 57.59 FEET; 9) S79°35'57"E, 50.85 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; 10) CONTINUING S79°35'57"E, 69.85 FEET; 11) S65°08'41"E, 141.98 FEET; 12) S45°45'54"E, 51.75 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE ALONG SAID NORTH LINE, N89°34'09"E, 683.51 FEET THENCE N00°04'37"W, 3,158.77 FEET; THENCE N24°53'10"E, 220.09 FEET; THENCE 57.14 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 130.50 FEET, A CENTRAL ANGLE OF 25°05'21", AND A CHORD WHICH BEARS N12°20'30"E, 56.69 FEET; THENCE N00°12'11"W, 82.36 FEET; THENCE 72.95 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 116.50 FEET, A CENTRAL ANGLE OF 35°52'47", AND A CHORD WHICH BEARS N18°08'34"W, 71.77 FEET; THENCE N36°04'57"W, 82.47 FEET; THENCE 87.84 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 139.50 FEET, A CENTRAL ANGLE OF 36°04'44", AND A CHORD WHICH BEARS N18°02'35"W, 86.40 FEET; THENCE N00°00'13"W, 1,011.59 FEET; THENCE N89°42'01"E, 188.97 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 26; THENCE ALONG SAID EAST LINE, N00°25'22"W, 2,475.57 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EASTMAN PARK DRIVE; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, N89°44'07"E, 1,254.98 FEET; THENCE S00°22'26"E, 2,574.71 FEET; THENCE S89°41'47"W, 1,252.79 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 545.93 ACRES (23,780,688 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. Legal Description of the Great Western Fourth Annexation A TRACT OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER EAST SIXTEENTH CORNER OF SAID SECTION 26, AND CONSIDERING THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 26 TO BEAR N00°22'26"W, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: (SAID BEARING IS A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983 (1992), DETERMINED BY GEODETIC (GPS) OBSERVATIONS). THENCE ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 26, N00°22'26"W, 2,599.67 FEET TO A POINT ON THE RIGHT-OF-WAY LINE SET FORTH ON THE DEED OF DEDICATION RECORDED AT RECEPTION NO. 3281762 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING FOUR (4) COURSES: 1. N89°44'55"E, 755.81 FEET 2. 824.10 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 525.00 FEET, A CENTRAL ANGLE OF 89°56'16", AND A CHORD WHICH BEARS S45°16'57"E, 742.06 FEET; 3. S00°18'49"E, 228.26 FEET: 4. 110.15 FEET ALONG A CURVE TO THE LEFT HAVING RADIUS OF 605.00 FEET, A CENTRAL ANGLE OF 10°25'54", AND A CHORD WHICH BEARS S05°31'46"E, 110.00 FEET TO A POINT ON THE EXISTING RIGHT-OF-WAY LINE FOR WELD COUNTY ROAD 23; THENCE ALONG SAID RIGHT-OF-WAY LINE, S00°19'23"E, 1,736.29 FEET TO A POINT ON THE NORTH BOUNDARY OF RECORDED EXEMPTION RE-4063, RECEPTION NO. 3291873, SAID POINT ALSO BEING ON THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE ALONG SAID NORTH LINE, S89°41'50"W, 1,287.79 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 75.36 ACRES (3,282,884 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS, AND RESTRICTIONS OF RECORD, OR THAT NOW EXIST ON THE GROUND. STATEMENT OF COMMUNITY NEED The tract of land, bounded by Colorado Highway 257, Eastman Park Drive, County Road 23, and the bluffs south of the Poudre River, represents a significant new mixed-use development for the Town of Windsor. Two large parcels of land adjacent to the existing Eastman Kodak plant, provides the opportunity for approximately 9,500,000 square feet of heavy and limited industrial use along with approximately 639,000 square feet of commercial/retail for the Windsor community. Industrial uses are well served by existing railway spurs and mainlines which can be expanded to enhance service. Commercial development is planned to complement the existing Colorado Highway 257 corridor and the proposed Crossroads Boulevard extension. These two corridors will serve as connections to the Town of Windsor as well as to surrounding communities. To complete the mix of uses, a wide range of residential types and densities will be included to provide the residents various housing types and opportunities. The estimated number of dwelling units to commercial/industrial square foot equals approximately 5115 sf to each dwelling unit. Knitting the development together is a network of significant open space. Lakes, parks, natural open spaces and regional trail systems link the development to the community at large and provide exciting and essential open space for the residents and commercial tenants within the new development. a\ AUG 11 2006 EDUCATION FOR LIFE W ND S OR Stephanie R.Watson Assistant Superintendent Business Services Weld County School District Re-4 Comments Great Western Second Annexation Submittal The Re-4 School District submits the following impacts and possible mitigations to the Great Western Second Annexation Submittal. In submitting this proposal the District notes that the proposal, as submitted by Great Western, calls for 334 acres of RMU designation. The Comprehensive Plan for the Town of Windsor as modified by the recent changes to this subarea plan calls for 177 acres of RMU designation. This is referenced in 'Table 4, Chapter 3 of the approved plan. The District shows preference to land use which minimizes residential development at this location. The significant increase in the RMU designation, in effect, almost doubles the student yield based upon expected density of the East Side Industrial Plan. Based upon the District's original concerns submitted to the Planning Commission as part of the subarea plan development, this change reduces assessed value of the district (residential vs. commercial or industrial) and it puts considerable pressure on the District to locate an elementary school at this location. The impacts are as follows: Great Western Submitted Plan Based upon the 334 acres of RMU and with estimated type of housing units provided by the developer. Units Student Yield Elem MS HS Total Single Family Detached 897 346 175 197 712 Single Family Attached 401 155 78 88 321 Multi-Family 684 72 41 24 137 Total 1,982 573 294 309 1,176 Town of Windsor Approved Subarea Plan Based upon 177 acres of RMU and applying a 50%percentage factor of similar density the following would be true. Units Student Yield Elem MS HS Total Single Family Detached 449 173 88 99 360 Single Family Attached 201 78 39 44 161 Multi-Family 342 36 21 12 69 Total 992 287 148 155 590 WELD COUNTY SCHOOL DISTRICT RE-4 Business Services 1020 Main Street • P.O. Box 609 • Windsor, Cd 80550 • (970) 686-8000 • Fax (970) 686-5280 Notwithstanding its preference for a smaller number of residential units and no elementary school at this site, the District submits the following requests for mitigation based upon the Great Western proposal as well as approval consistent with the current subarea plan. Mitigation Requests for Plan as Submitted by Great Western The submitted plan calls for a larger number of students. The submitted plan would necessitate an elementary school at this location. Under the submitted plan the District would request a dedicated elementary site of 10 acres of net usable land in a location that is mutually agreeable with the developer. The district would also request a high school site at this location to be no smaller than 50 acres of net usable land in a location that is mutually agreeable with the developer. While we have opposed an elementary site previously, the larger number of students in the proposal changes the framework of the discussions. A high school site at the location would serve this and other developments in the future. The high school site is better suited in a commercial area with access points to major streets and roads which will handle the larger volume of vehicles associated with a high school site. Should this dedication of an elementary site and a high school site require the developer to reduce its commercial land commitments, the District would request that the developer convert certain areas in the existing sub-area plan identified as open space to commercial in order to mitigate lost assessed value to the District. Since schools would be required at this location, we request utilities to site, that the Town and School District resolve discussions regarding sources of domestic water for the District and that the developer provide access to non-potable water for the school sites at a cost mutually agreeable to the District. Until the District is prepared to build elementary cchool at this location, an emer. h__ the current attendance area applied to this location would likely be Mt.View and Tozer Elementary Schools. It would be appropriate to construct a walk/bike bridge over State Highway 257 or a tunnel under the road for students who choose not to ride a bus to school and who would need to access to school and other community recreation areas when school is not in session or until a school is built at this location. This mitigation would also serve future high school students at this location. An elementary and high school site at this location would require students to be bussed to these locations from other areas in the district. As such, the District requests contributions for the capital costs of busses to serve these locations, in the amount of $323,000. 2 Additionally, the District requests a Capital Costs Mitigation Fee of$450 per single family unit and $250 for each multi-family unit. Mitigation Requests for Approval According to Existing Subarea Plan Under the preferred subarea plan an elementary school site would not be needed and the District would request cash in lieu of land dedication or consideration of a high school site of 50 acres or more of net usable land at this location and additional mitigation for bussing, safety, and capital construction issues. Cash in lieu of land dedication based upon developer supplied density and 177 acres of RMU and applied to the subarea plan design is estimated to be $883,404. Additionally the District would request capital assistance for school buses required to transport students. We anticipate the need for 7.6 school busses at a cost of approximately $85,000 per bus for a total of$646,000. The current attendance area applied to this location would likely require students to attend the Mt.View and Tozer Elementary Schools in the current boundary designation. It would be appropriate to conduct a walk/bike bridge over State Highway 257 or tunnel under the highway for students who choose not to ride a bus to school and who would need to access school and other community recreation areas when school is not in session. The District requests an additional Capital Costs Mitigation Fee of$450 per single family unit and $250 for each multi-family unit. Consistent With Either Plan Approval Notwithstanding the plan selected, the District would request a phasing of residential units consistent with new assessed value from the commercial and industrial portions of this development. This phasing might take the form of an agreed upon time delay for residential construction or be in the form of an agreed upon number residential permits allowed per a defined growth of assessed value from the project. Should the developer request credits for age restricted development, the developer shall create such development consistent with federal guidelines. The District would need further information regarding such development and cannot comment further at this time. Recognizing that the IGA does not cover all of the variables in the proposed mitigation measures, it is understood that additional details will need to be addressed in the annexation agreement. 3 „ - -= J LEGEND Loa Densrh Fatale Single _-�--- — --- -- - Family Residential(I-I) „� High Densns Irate Single �\ \ Famih Residential(F.2) Single Family Residential _ Multi-Fmnik Residential 2.1 - /y//��///�J� I `f+ l Commercial Mind Use Residential - Neighborhood&General al 4 ° Central Business District - I Employment Conndor I Light Industrial • Heat}Industrial ie IIII Schools Jr � i1 frAi Other Pt bl c Seimi Pi ate -I Comm unit‘ n Separamr C 4 •1 • Parks_(pen Space,Mineral A .. Extraction&Floodplains j\ Null Region ,. - [ 2 V h / 2 _A—i t akin k iy Ditchesnee M11■Commump Influence Area 1 Bridge , �. Wra 'I Dui Growth Management Area ', 111 * Arterial Finn ary Ann xati 1 ns WdI-I(Ield du iial) cultrual and I-I(Indmtriap. \h.\ \1‘, a34 _....... 36 att. v.�,-i-I . ♦ ♦ / � @A P4 :, 2 1 1 N LAND USE PLAN MAP CCIMMAoo, Existing and Proposed Land Use Patterns Created:5.12/06:DLI.:G:\Projects\Planning\mxd\Land Use Maps\land Use for New Annexations WELD CO. SCHOOL DISTRICT RE-4 WELD COUNTY PLANNING DEPT. 1020 MAIN STREET 918 10TH STREET WINDSOR, CO 80550 GREELEY, CO 80631 WINDSOR/SEVERANCE LIBRARY DISTRICT WELD COUNTY ATTORNEY 720 3R° STREET PO BOX 758 WINDSOR, CO 80550 GREELEY, CO 80632 NORTH WELD COUNTY WATER DISTRICT WATER VALLEY METROPOLITAN DISTRICT 33247 HWY. 85 1625 PELICAN LAKES POINT STE 201 LUCERNE, CO 80646 WINDSOR, CO 80550 NORTHERN COLORADO WATER WELD COUNTY ENGINEERING DEPT. CONSERVANCY DISTRICT P.O. BOX 758 220 WATER AVENUE GREELEY, CO 80631 BERTHOUD, CO 80513 WEST GREELEY SOIL WELD COUNTY CLERK AND RECORDER CONSERVATION DISTRICT 1402 N. 17TH AVE. 4302 W. 9TH ST. RD. GREELEY, CO 80631 GREELEY, CO 80634 WINDSOR/SEVERANCE FIRE PROTECTION DISTRICT 100 SEVENTH STREET WINDSOR, CO 80550 WELD COUNTY COMMISSIONERS PO BOX 728 GREELEY, CO 80634 LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD'S OFFICE, IN THE PUBLIC REVIEW FILE. Hello