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Home My WebLink About20040660.tiff 81111 COLORADO February 13, 2004 Ms. Carol Harding Clerk to the Board of Weld County Commissioners P.O. Box 758 Greeley, CO 80631 Re: Referral regarding Rumsey-Werning-Camenisch Annexations 1-16 Dear Ms. Harding: In accordance with Section 31-12-108(2) of the Colorado Revised Statutes, as amended, you are hereby given notice as set forth in the attachments that the City of Evans shall hold a public hearing on March 16, 2004, to determine whether the enclosed described territory, referred to as Rumsey-Werning-Camenisch Annexations 1-16, is eligible for annexation to the City of Evans. If you have any questions or comments, please send them to me by March 9, 2004, either by fax to my attention at 330-3472, by email to jflesher@ci.evans.co.us, or by postal mail to 1100 37`h Street, Evans, CO 80620. Sincerely,Atari Jim Flesher Senior Planner City of Evans Enclosures pet,. 1100 37th Street • Evans, Colorado 80620-2036 • (970) 339-5344 • Fax: (970) 37^ X3'0 OL/ CC ; SE, ern /OL_ 2004-0660 1 I ' s i T L e:l fit �y,,: 1S Yer i I.i 1 {3f T; :i._� a /'.i' ' rt r ,.7..a,::, t tom' 1 di m e ' ter' 11 e i A � 1 0 c;'%-S-11 �.1 .r5 1 1 1 � i,a� • .3 J�+<� � td ar t ._ � � � +.lt t 1 5y t li 1 \, r Me _ i, w 1 -i ..1 tir wt ti��` �r _� zit ;car 1 1 � I _ S L:f f _ 1 r M ( .� 1 t+ +t yY' , '` .a "r 71 ✓ � � �,�, ter+ '''''—`44'-' � N r . t ; :9 � . j9$e ✓ fw-x9a,L.:.?,{�..`` AR ' ' 'm` b:. T e"" r + k 1� ; � K pyRumsey wi* ff 1 ' " t et 8`P9!J - xe� I site t.:-^t hfi .n' N Y �� ,� `� t � �� P � Y'yp']"yf� � >G.� , Camenlsch r,(4, �`i !3 ». .: -444 tlg rh .' rr i a area s. ' 3r f ` ., ,Rumsey "i . fft� .� F �;a -y/ ? _,4%.L { `0., ,,:::„,;4„,..,,. . _ fv Jut' Or fi ,lw i`:G' rd — �` s wee '' L�„66 -7,4r; YI ^rk�. 9 f :k1 ?��.\ r- s szifi a 1 ri' : ,-,r ? X` �. --,4,121.,.. ;� � � pp .„, Legend Vicinity Map e City Limits izitii L., ....e. Rumsey, Werning >* Camenisch .:; Annexation Petitions Annexation Boundary February 3, 2004 ga•Wili " / COLORADO City Council Public Works Department f CITY OF EVANS, COLORADO RESOLUTION NO. 8-2004 RE: FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION PROCEEDINGS FOR CAMENISCH ANNEXATION WHEREAS, a written petition, together with four prints of an annexation map, was hereto filed with the City Clerk requesting the annexation of certain property to be known as the Camenisch Annexation, County of Weld, State of Colorado, more particularly described in the in the attached Exhibit A. WHEREAS, the City Council desires to initiate annexation proceedings in accordance with the law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANS, COLORADO: Section 1. That the City Council hereby accepts said annexation petition, finds and determines that the annexation petition and accompanying map are in substantial compliance with CRS 31-12-107, and desires to initiate annexation proceedings in accordance with law. Section 2. The City Council shall hold a hearing to determine if the proposed annexation complies with CRS 31-12-104 and 31-12-105, or such parts thereof as may be required to establish eligibility for annexation under the terms of Part 1, Article 12, Title 31, CRS: A hearing shall be held on the 16th day of March, 2004, in the City Council Chambers of the City of Evans, 1100 37th Street, Evans, Colorado, at 7:30 p.m. Section 3. The City Clerk shall publish notice of such hearing once per week for four successive weeks in the Greeley Tribune, with the first publication at least thirty(30) days prior to the date of the hearing. The City Clerk shall also send a copy of the Resolution and the petition for annexation to the Clerk of the Board of County Commissioners, the County Attorney and to any Special District or School District within the area proposed to be annexed. Section 4. This Resolution shall be in full force and effect upon its passage and adoption. PASSED,APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Evans on this 3rd day of February, 2004. b�Fnn��n/iiry, 4,A, ••••••shy ossy ATTEST: V,' 6..0A CITY OF EVANS, COLORADO I SEAL = _= LV By: �! ' /✓-, L�-L S ✓ City Clerk 4,� 0,<sOnAu��"O�o�`'�� ayor CITY OF EVANS, COLORADO RESOLUTION NO. 6-2004 RE: FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION PROCEEDINGS FOR RUMSEY ANNEXATION WHEREAS, a written petition, together with four prints of an annexation map, was hereto filed with the City Clerk requesting the annexation of certain property to be known as the Rumsey Annexation, County of Weld, State of Colorado, more particularly described in the in the attached Exhibit A. WHEREAS, the City Council desires to initiate annexation proceedings in accordance with the law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANS, COLORADO: Section 1. That the City Council hereby accepts said annexation petition, finds and determines that the annexation petition and accompanying map are in substantial compliance with CRS 31-12-107, and desires to initiate annexation proceedings in accordance with law. Section 2. The City Council shall hold a hearing to determine if the proposed annexation complies with CRS 31-12-104 and 31-12-105, or such parts thereof as may be required to establish eligibility for annexation under the terms of Part 1, Article 12, Title 31, CRS: A hearing shall be held on the 16th day of March, 2004,in the City Council Chambers of the City of Evans, 1100 37th Street, Evans, Colorado, at 7:30 p.m. Section 3. The City Clerk shall publish notice of such hearing once per week for four successive weeks in the Greeley Tribune, with the first publication at least thirty (30) days prior to the date of the hearing. The City Clerk shall also send a copy of the Resolution and the petition for annexation to the Clerk of the Board of County Commissioners, the County Attorney and to any Special District or School District within the area proposed to be annexed. Section 4. This Resolution shall be in full force and effect upon its passage and adoption. PASSED,APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Evans on this 3rd day of February, 2004. _II\111111 u 1111 a lllrrrl iteeir ATTEST: '•4 CITY OF EVANS, COLORADO Gr sN. SEAL d By: � City Clerk 1/431 SEAL I yor1.7 zO R A* CITY OF EVANS, COLORADO RESOLUTION NO. 7-2004 RE: FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION PROCEEDINGS FOR WERNING ANNEXATION WHEREAS, a written petition, together with four prints of an annexation map, was hereto filed with the City Clerk requesting the annexation of certain property to be known as the Werning Annexation, County of Weld, State of Colorado, more particularly described in the in the attached Exhibit A. WHEREAS,the City Council desires to initiate annexation proceedings in accordance with the law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANS, COLORADO: Section 1. That the City Council hereby accepts said annexation petition, finds and determines that the annexation petition and accompanying map are in substantial compliance with CRS 31-12-107, and desires to initiate annexation proceedings in accordance with law. Section 2. The City Council shall hold a hearing to determine if the proposed annexation complies with CRS 31-12-104 and 31-12-105, or such parts thereof as may be required to establish eligibility for annexation under the terms of Part 1, Article 12, Title 31, CRS: A hearing shall be held on the 16th day of March,2004, in the City Council Chambers of the City of Evans, 1100 37th Street, Evans, Colorado, at 7:30 p.m. Section 3. The City Clerk shall publish notice of such hearing once per week for four successive weeks in the Greeley Tribune, with the first publication at least thirty(30) days prior to the date of the hearing. The City Clerk shall also send a copy of the Resolution and the petition for annexation to the Clerk of the Board of County Commissioners, the County Attorney and to any Special District or School District within the area proposed to be annexed. Section 4. This Resolution shall be in full force and effect upon its passage and adoption. PASSED,APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Evans on this 3rd day of February, 2004. ATTEST: s V�.• ••.N* CITY OF EVANS, COLORADO SEAL • C � B . ��. �� 6%. * c` Y City Clerk aO •.•••••••.•� rg i or NOTICE OF PUBLIC HEARING ANNEXATION REQUEST NOTICE is hereby given, pursuant to the Colorado State Statutes, the City Council of the City of Evans will hold a Public Hearing on the 16th day of March, 2004 at 7:30 P.M., held at the City Hall Council Chambers, 1100 37th Street, Evans, CO, at which time and place they will consider and act upon petitions for annexation to the City of Evans for the following property referred to as the Rumsey, Werning and Camenisch Annexations and described as: PARCEL NO. I A tract of land located in the Southeast One-Quarter(SE 1/4) of Section 35, Township 5 North, Range 66 West and the Northeast One-Quarter(NE 1/4)of Section 2, Township 4 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado,being more particularly described as: Considering the south line of the Southeast One-Quarter(SE 1/4) of said Section 35 to bear North 88°57'36"West and all bearings contained herein relative thereto: Beginning at the South One-Quarter(S 1/4)Corner of said Section 35; thence South 88°57'36"East, 109.81 feet to the North One-Quarter(N 1/4)of said Section 2; thence along the west line of the Northeast One-Quarter(NE 1/4) of said Section 2, South 00°56'57"West, 705.61 feet to the centerline of the Godfrey Ditch; thence along the centerline of the Godfrey Ditch the following five courses,North 41°55'00"East, 136.62 feet; thence North 54°37'10"East, 290.35 feet; thence North 6l°58'22"East, 338.34 feet; thence North 71°16'03"East, 224.06 feet; thence North 86°21'43"East, 838.32 feet; thence South 22°58'06"East, 75.99 feet; thence North 62°45'25"East, 205.31 feet; thence North 00°01'19"East, 93.53 feet to the East-East One-Sixty-Fourth (E-E 1/64) Corner of said Section 35 and said Section 2; thence North 00°09'02"East, 2640.14 feet to the Center-East-East One-Sixty-Fourth (C-E-E 1/64) Corner of said Section 35;thence North 88°53'31"West, 759.07 feet to the Center-East One-Sixteenth (C-E 1/16) Corner of said Section 35; thence North 88°53'31"West, 1518.13 feet to the Center One-Quarter(C 1/4) Corner of said Section 35; thence South 06°07'19"East,2663.31 feet to the Point of Beginning. The above described tract contains 140.51 acres,more or less, and is subject to rights-of-way and/or easement reserved for Weld County Road 50 along the southerly side of the parcel and is subject to rights-of-way and/or easements of record or as may now exist. PARCEL NO. 2 A tract of land located in the Southwest One-Quarter(SW 1/4)of Section 35,Township 5 North,Range 66 West of the 6th Principal Meridian, Weld County, Colorado,being more particularly described as: Considering the south line of the Southwest One-Quarter(SW 1/4)of said Section 35 to bear North 89°45'02"West and all bearings contained herein relative thereto: Beginning at the South One-Quarter(S 1/4)Corner of said Section 35;thence along the south line of the Southwest One-Quarter(SW 1/4)of said Section 35,North 89°45'02"West, 1018.78 feet; thence leaving the south line of the Southwest One-Quarter(SW 1/4)of said Section 35,North 26°14'15"East, 77.32 feet; thence North 02°53'52" West,208.38 feet;thence North 89°17'59"West,338.88 feet; thence South 03°03'33"West, 280.57 feet to a point on the south line of the Southwest One-Quarter(SW 1/4)of said Section 35; thence along the south line of the Southwest One-Quarter(SW 1/4)of said Section 35,North 89°45'02"West, 1153.06 feet to the Northwest(NW) Corner of Section 2, Township 4 North,Range 66 West;thence along the south line of the Southwest One-Quarter (SW 1/4)of said Section 35 North 89°45'02"West, 15.85 feet;thence leaving the south line of the Southwest One- Quarter(SW 1/4)of said Section 35,North 01°08'49"West, 1050.07 feet; thence North 33°09'03"East, 27.14 feet; thence North 86°23'42"East, 94.67 feet; thence North 86°32'21"East, 498.42 feet;thence North 67°07'29"East, 320.88 feet; thence North 85°14'57"East,25.01 feet; thence South 76°44'12"East, 69.74 feet; thence South 81°27'53"East, 120.68 feet; thence North 82°47'55"East, 124.07 feet;thence North 73°59'39"East,300.33 feet; thence North 57°41'22"East, 84.47 feet;thence North 50°54'21"East, 90.58 feet;thence North 41°13'14"East, 241.14 feet; thence North 75°24'56"East, 543.68 feet to a point on the east line of the Southwest One-Quarter(SW 1/4)of said Section 35, South 06°07'19"East, 1741.32 feet to the Point of Beginning. The above described tract contains 72.08 acres,more or less, and is subject to rights-of-way and/or easement reserved for Weld County Road 50 along the southerly side of the parcel and is subject to rights-of-way and/or easements of record or as may now exist. PARCEL NO. 3 A tract of land located in the Southwest One-Quarter(SW 1/4) of Section 35, Township 5 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as: Considering the south line of the Southwest One-Quarter(SW 1/4)of said Section 35 to bear North 89°45'02"West and all bearings contained herein relative thereto: Beginning at the Southwest(SW) Corner of said Section 35; thence along the south line of the Southwest One- Quarter(SW 1/4) of said Section 35, South 89°45'02"East, 123.98 feet; thence leaving the south line of the Southwest One-Quarter(SW 1/4) of said Section 35, North 01°08'49"West, 1050.07 feet to a point on the southerly boundary of Lot A, RE-2316; thence along the southerly boundary of Lot A, RE-2316, North 33°09'03"East, 27.14 feet; thence North 00°42'47"East, 1607.62 feet to the north line of the Southwest One-Quarter(SW 1/4) of said Section 35;thence along the north line of the Southwest One-Quarter(SW 1/4) of said Section 35,North 88°53'33" West,463.26 feet to the West One-Quarter(W 1/4) Corner of said Section 35; thence South 06°54'02"East, 1608.20 feet to the southwest corner of Lot A, RE-2316; thence South 06°54'02"East, 1099.90 feet to the Point of Beginning. The above described tract contains 17.53 acres,more or less, and is subject to rights-of-way and/or easement reserved for Weld County Road 50 along the southerly side of the parcel and is subject to rights-of-way andior easements of record or as may now exist. PARCEL NO. 4 A tract of land being the Southeast One-Quarter Southeast One-Quarter(SE 1/4 SE 1/4) of Section 34, Township 5 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado,being more particularly described as: Considering the south line of the Southeast One-Quarter(SE 1/4) of said Section 34 to bear North 87°52'11" West and all bearings contained herein relative thereto: Beginning at the Southwest Corner of said Section 34; thence North 87°52'11"West, 1450.48 feet to the East One- Sixteenth(E 1/16)Corner of said Section 34 and Section 3,Township 4 North, Range 66 West; thence North 05°10'13"West, 1335.65 feet to the Southeast One-Sixteenth(SE 1/16)Corner of said Section 34; thence South 88°22'35"East, 1407.72 feet to the South One-Sixteenth(S 1/16)Corner of said Section 34 and Section 35;thence South 06°54'02"East, 1354.05 feet to the Point of Beginning. The above described tract contains 43.69 acres,more or less, and is subject to rights-of-way and/or easement reserved for Weld County Road 50 along the southerly side and is subject to rights-of-way and/or easements of record or as may now exist. PARCEL NO. 5 A tract of land being the Southwest One-Quarter Southeast One-Quarter(SW 1/4 SE 1/4)of Section 34,Township 5 North,Range 66 West of the 6th Principal Meridian, Weld County, Colorado. Considering the south line of the Southeast One-Quarter(SE 1/4)of said Section 34 to bear North 87°52'11"West and all bearings contained herein relative thereto: Beginning at the South One-Quarter(S 1/4)Corner of said Section 34; thence South 87°52'11"East, 1450.48 feet to the East One-Sixteenth(E 1/16)Corner of said Section 34 and Section 3,Township 4 North,Range 66 West; thence North 05°10'13"West, 1335.65 feet to the Southeast One-Sixteenth(SE 1/16)Corner of said Section 34;thence North 88°22'35"West, 1407.72 feet to the Center-South One-Sixteenth(C-S 1/16) Comer of said Section 34; thence South 03°23'36"East, 1318.49 feet to the Point of Beginning. The above described tract contains 43.28 acres,more or less, and is subject to rights-of-way and/or easement reserved for Weld County Road 50 along the southerly side and is subject to rights-of-way and/or easements of record or as may now exist. PARCEL NO. 6 A tract of land located in the East One-Half(E 1/2)of Section 3,Township 4 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, also including Lot B,RE-822,being more particularly described as: Considering the east line of the Northeast One-Quarter(NE 1/4)of said Section 3 to bear North 02°58'46"East and all bearings contained herein relative thereto: Beginning at the North One-Quarter(N 1/4)Corner of said Section 3;thence South 00°37'00"West, 2715.47 feet to the Center One-Quarter(C 1/4) Corner of said Section 3; thence along the west line of the East One-Half(E 1/2) of said Section 3, South 02°16'22"East,480.66 feet to a point on the south rights-of-way line of Weld County Road 394: thence along the south rights-of-way line of Weld County Road 394 the following 7 courses, North 66°26'I8"East, 419.13 feet to a point on a curve to the right which has a central angle of 27°04'50", a radius of 904.30 feet and the chord of which bears North 79°58'42"East, 423.44 feet; thence South 86°28'53"East, 372.09 feet: thence South 84°09'52" East, 338.27 feet; thence South 81°10'05" East, 617.44 feet; thence South 86°20'00" East, 513.14 feet; thence South 88°48'42"East, 142.78 feet to a point on the east line of the East One-Half(E 1/2) of said Section 3; thence along the east line of the East One-Half(E 1/2) of said Section 3, North 00°02'25" West, 383.97 feet to the East One-Quarter(E 1/4) Corner of said Section 3; thence along the east line of the East One-Half (E 1/2) of said Section 3,North 02°58'46"East, 1391.38 feet to the North One-Sixteenth (N 1/16) Corner of said Section 3 and Section 2, Township 4 North,Range 66 West; thence North 02°58'46" East, 1264.76 feet to the Northeast(NE) Corner of said Section 3; thence North 87°54'54" West,2903.59 feet to the Point of Beginning. The above described tract contains 195.57 acres,more or less, and is subject to rights-of-way and/or easements reserved for County Roads located on the parcel and is subject to rights-of-way and/or easements of record or as may now exist. PARCEL NO. 7 A tract of land located in the North One-Half(N 1/2)of Section 2, Township 4 North,Range 66 West of the 6th Principal Meridian and Southwest One-Quarter(SW 1/4) of Section 35, Township 5 North,Range 66, West of the 6th Principal Meridian,Weld County, Colorado,being more particularly described as: Considering the west line of the Northwest One-Quarter(NW 1/4) of said Section 2, Township 4 North, Range 66 West of the 6th Principal Meridian,Weld County,Colorado to bear North 02°58'46"East and all bearings contained herein relative thereto: Beginning at the Northwest(NW) Corner of said Section 2;thence along the north line of the Northwest One- Quarter(NW 1/4) of said Section 2, South 89°43'02"East, 1153.03 feet; thence North 03°03'33"East, 20.02 feet to the north rights-of-way line of Weld County Road 50; thence along the north rights-of-way line of Weld County Road 50, South 89°43'02"East, 338.56 feet; thence leaving the north rights-of-way line of Weld County Road 50, South 26°14'15"West, 22.24 feet to a point on the north line of the Northwest One-Quarter(NW 1/4)of said Section 2; thence South 89°43'02"East, 1129.00 feet to the North One-Quarter(N 1/4)Corner of said Section 2; thence along the east line of the Northwest One-Quarter(NW 1/4)of said Section 2, South 00°56'57"West, 1275.28 feet to a point on the northerly rights-of-way of Weld County Road 394; thence along the northerly rights-of-way of Weld County Road 394,North 65°17'09"East, 784.13 feet; thence North 65°20'05"East, 1503.47 feet; thence leaving the northerly rights-of-way of Weld County Road 394, South 01°36'39"West, 857.24 feet; thence South 82°35'32"East,241.23 feet; thence South 01°39'44"West,398.50 feet; thence South 01°47'58"West,705.28 feet; thence South 01°41'46"West,268.68 feet; thence North 89°53'10"West, 799.41 feet;thence South 24°25'00"East, 133.00 feet to the south line of the Northeast One-Quarter(NE 1/4)of said Section 2; thence along the south line of the Northeast One-Quarter(NE 1/4) of said Section 2,North 89°11'42"West, 1531.03 feet to the Center One- Quarter(C 1/4) Corner of said Section 2; thence North 89°11'42"West, 1352.87 feet to the Center-West One- Sixteenth(C-W 1/16)Corner of said Section 2; thence North 01°57'36"East, 1391.72 feet to the North-West One- Sixteenth(N-W 1/16)Corner of said Section 2; thence North 89°14'27"West, 1328.14 feet to the North One- Sixteenth(N 1/16)Corner of said Section 2 and Section 3,Township 4 North, Range 66 West;thence North 02°58'46"East, 1264.76 feet to the Point of Beginning. Excluding Lot A, RE-1343 and Parcel B,RE-672. The above described tract contains 212.05 acres,more or less,and is subject to rights-of-way and/or easement of record or as may now exist. PARCEL NO. 8 A tract of land located in the Northeast One-Quarter Southwest(NE 1/4 SW 1/4) of Section 3,Township 4 North, Range 66 West of the 6th Principal Meridian,Weld County,Colorado,being more particularly described as: Considering the east line of the Northeast One-Quarter Southwest One-Quarter(NE 1/4 SW 1/4)of said Section 3, to bear North 02°16'22"West and all bearings contained herein relative thereto: Beginning at a point on the east line of the Northeast One-Quarter Southwest One-Quarter(NE 1/4 SW 1/4)of said Section 3 and the northerly rights-of-way of Weld County Road 394(Lincoln Highway)whence the Center One- - -1- Quarter(C 1/4)Corner of said Section 3 bears North 02°16'22" West,416.26 feet; thence South 56°01'30"West, 170.00; thence North 77°56'35" East, 146.77 feet to a point on the east line of the Northeast One-Quarter Southwest One-Quarter(NE 1/4 SW 1/4) of said Section 3 and the southerly rights-of-way of Weld County Road 394(Lincoln Highway); thence North 02°16'22" West, 64.39 feet to the Point of Beginning. The above described tract contains 0.11 acres,more or less, and is subject to rights-of-way and/or easements of record or as may now exist. PARCEL NO. 9 A tract of land located in the Northeast One-Quarter Southwest One-Quarter(NE 1/4 SW 1/4) of Section 3, Township 4 North, Range 66 West of the 6th Principal Meridian, Weld County,Colorado, being more particularly described as: Considering the east line of the Northeast One-Quarter Southwest One-Quarter(NE 1/4 SW 1/4) of said Section 3 to bear North 02°16'22"West and all bearings contained herein relative thereto: Beginning at a point on the east line of the Northeast One-Quarter Southwest One-Quarter(NE 1/4 SW 1/4)of said Section 3 and the northerly rights-of-way of Weld County Road 394(Lincoln Highway) whence the Center One- Quarter(C 1/4) Corner of said Section 3 bears North 02°16'22"West,416.26 feet; thence South 56°01'30"West, 170.00; thence North 77°56'35"East, 146.77 feet to a point on the east line of the Northeast One-Quarter Southwest One-Quarter(NE 1/4 SW 1/4)of said Section 3 and the southerly rights-of-way of Weld County Road 394(Lincoln Highway); thence South 68°23'43"West,771.36; thence North 64°00'42"East, 795.00 feet to the Point of Beginning. The above described tract contains 0.43 acres,more or less, and is subject to rights-of-way and/or easements of record or as may now exist. PARCEL NO. 10 A tract of land located in the Northeast One-Quarter Southwest One-Quarter(NE 1/4 SW 1/4) of Section 3, Township 4 North,Range 66 West of the 6th Principal Meridian,Weld County, Colorado,being more particularly described as: Considering the east line of the Northeast One-Quarter Southwest One-Quarter(NE 1/4 SW 1/4)of said Section 3 to bear North 02°16'22"West and all bearings contained herein relative thereto: Beginning at a point on the east line of the Northeast One-Quarter Southwest One-Quarter(NE 1/4 SW 1/4) of said Section 3 and the northerly rights-of-way of Weld County Road 394 (Lincoln Highway)whence the Center One- Quarter(C 1/4)Corner of said Section 3 bears North 02°16'22"West, 416.26 feet; thence along the northerly rights- of-way of Weld County Road 394(Lincoln Highway)South 66°10'22"West, 1239.44 feet; thence South 59°27'04" West, 102.59 feet; thence South 64°45'23"West, 119.97 feet to a point on the west line of the Northeast One- Quarter Southwest One-Quarter(NE 1/4 SW 1/4)of said Section 3; thence along the west line of the Northeast One- Quarter Southwest One-Quarter(NE 1/4 SW 1/4) of said Section 3 South 02°39'55"East, 64.98 feet to a point on the southerly rights-of-way of Weld County Road 394 Road(Lincoln Highway);thence along the southerly rights-of- way of Weld County 394(Lincoln Highway)North 64°45'23"East, 150.71 feet;thence North 59°17'51"East, 99.87 feet;thence North 66°10'22"East, 1211.25 feet to a point on the east line of the Northeast One-Quarter Southwest One-Quarter(NE 1/4 SW 1/4)of said Section 3; thence South 68°23'43"West, 771.36 feet; thence North 64°00'42" East, 795.00 feet to the Point of Beginning. The above described tract contains 1.47 acres,more or less, and is subject to rights-of-way and/or easement of record or as may now exist. PARCEL NO. 11 A tract of land located in the Northwest One-Quarter Southwest One-Quarter(NW 1/4 SW 1/4)of Section 3, Township 4 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado,being more particularly described as: Considering the west line of the Northwest One-Quarter Southwest One-Quarter(NW 1/4 SW 1/4)of said Section 3 to bear South 03°02'53"East and all bearings contained herein relative thereto: Beginning at a point on the east line of the Northwest One-Quarter Southwest One-Quarter(NW 1/4 SW 1/4)of said Section 3 whence the Southwest One-Sixteenth(SW 1/16) Corner of said Section 3 bears South 02°39'55"East, 232.00 feet;thence along the east line of the Northwest One-Quarter Southwest One-Quarter(NW 1/4 SW 1/4)of said Section 3 North 02°39'55"West, 188.91 feet; thence leaving the east line of the Northwest One-Quarter Southwest One-Quarter(NW 1/4 SW 1/4) of said Section 3 South 87°20'05" West, 5.00 feet; thence South 02°39'55" East, 190.00 feet; thence North 75°03'35"East, 5.12 feet to the Point of Beginning. The above described tract contains 0.02 acres,more or less, and is subject to rights-of-way and/or easements of record or as may now exist. PARCEL NO. 12 A tract of land located in the Northwest One-Quarter Southwest One-Quarter(NW 1/4 SW 1/4) of Section 3, Township 4 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as: Considering the west line of the Northwest One-Quarter Southwest One-Quarter(NW 1/4 SW 1/4) of said Section 3 to bear South 03°02'53"East and all bearings contained herein relative thereto: Beginning at a point whence the Southwest One-Sixteenth(SW 1/16) Corner of said Section 3 bears South 16°41'58"East, 226.80 feet;thence North 02°39'55"West, 535.00 feet; thence North 87°20'05" East, 55.00 feet to the east line of the Northwest One-Quarter Southwest One-Quarter(NW 1/4 SW 1/4)of said Section 3;thence along the east line of the Northwest One-Quarter Southwest One-Quarter(NW 1/4 SW 1/4) of said Section 3 South 02°39'55"East, 333.03 feet; thence leaving the east line of the Northwest One-Quarter Southwest One-Quarter(NW 1/4 SW 1/4) of said Section 3, South 87°20'05"West, 5.00 feet; thence South 02°39'55"East, 190.00 feet; thence South 75°03'35"West, 51.17 feet to the Point of Beginning. The above described tract contains 0.65 acres,more or less,and is subject to rights-of-way and/or easements of record or as may now exist. PARCEL NO. 13 A tract of land located in the Northwest One-Quarter Southwest One-Quarter(NW 1/4 SW 1/4) of Section 3. Township 4 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as: Considering the west line of the Northwest One-Quarter Southwest One-Quarter(NW 1/4 SW 1/4) of said Section 3 to bear South 03°02'53"East and all bearings contained herein relative thereto: Beginning at a point whence the Southwest One-Sixteenth(SW 1/16) Corner of said Section 3 bears South 16°41'58"East, 226.80 feet; thence North 02°39'55"West, 535.00 feet; thence North 87°20'05"East, 55.00 feet to the east line of the Northwest One-Quarter Southwest One-Quarter(NW 1/4 SW 1/4)of said Section 3;thence along the east line of the Northwest One-Quarter Southwest One-Quarter(NW 1/4 SW 1/4) of said Section 3,North 02°39'55"West,280.78 feet;thence leaving the east line of the Northwest One-Quarter Southwest One-Quarter (NW 1/4 SW 1/4) of said Section 3, South 89°35'57"West, 771.59 feet;thence South 02°48'09"West, 873.20 feet to a point on the northerly rights-of-way line of the Union Pacific Railroad;thence along the northerly rights-of-way line of the Union Pacific Railroad,North 86°46'44"East, 726.05 feet; thence leaving the northerly rights-of-way line of the Union Pacific Railroad,North 75°03'35"East,74.88 feet to the Point of Beginning. The above described tract contains 15.16 acres,more or less,and is subject to rights-of-way and/or easements of record or as may now exist. PARCEL NO. 14 A tract of land located in the Northwest One-Quarter Southwest One-Quarter(NW 1/4 SW 1/4) of Section 3 and the East One-Half Southeast One-Quarter(E 1/2 SE 1/4)of Section 4,Township 4 North,Range 66 West of the 6th Principal Meridian,Weld County, Colorado being more particularly described as: Considering the south line of the Southeast One-Quarter Southeast One-Quarter(SE 1/4 SE 1/4)of said Section 4 to bear North 89°54'09"West, and all bearings contained herein being relative thereto: Beginning at the West One-Quarter(W 1/4)Corner of said Section 3; thence South 89°07'13"East, 1362.77 feet to the Center-West One-Sixteenth(C-W 1/16) Corner of said Section 3; thence along the east line of the Northwest One-Quarter Southwest One-Quarter(NW 1/4 SW 1/4)of said Section 3, South 02°39'55"East,407.74 feet; thence leaving the east line of the Northwest One-Quarter Southwest One-Quarter(NW 1/4 SW 1/4)of said Section 3, South 89°35'57"West, 771.59 feet; thence South 02°48'09"West, 1028.04 feet to a point on the south line of the Northwest One-Quarter Southwest One-Quarter(NW 1/4 SW 1/4)of said Section 3;thence along the south line of the Northwest One-Quarter Southwest One-Quarter(NW 1/4 SW 1/4) of said Section 3,North 89°50'11"West, 482.05 feet to the South One-Sixteenth(S 1/16)Corner of said Section 4 and said Section 3; thence along the east line of the Southeast One-Quarter Southeast One-Quarter(SE 1/4 SE 1/4)of said Section 4, South 03°02'53"East, 173.87 feet; thence leaving the east line of the Southeast One-Quarter Southeast One-Quarter(SE 1/4 SE 1/4) of said Section 4, South 86°43'51"West, 131.91 feet to the southerly rights-of-way line of Weld County Road 394; thence along the southerly rights-of-way line of Weld County Road 394, South 63°42'51" West, 398.69 feet to a point on a curve to the left, having a delta angle of 09°48'32", a radius of 1134.96 feet, a chord of which bears South 58°48'51" West, 194.06 feet; thence South 53°54'35" West, 860.54 feet to a point on the east line of the Southwest One-Quarter Southeast One-Quarter(SW 1/4 SE 1/4) of said Section 4; thence along the east line of the Southwest One-Quarter Southeast One-Quarter(SW 1/4 SE 1/4) of said Section 4,North 02°19'57' West, 971.07 feet to the Southeast One-Sixteenth(SE 1/16) Corner of said Section 4; thence North 02°19'57"West, 1463.04 feet to the Center-East One-Sixteenth(C-E 1/16) Corner of said Section 4; thence South 89°39'58"East, 1362.72 feet to the Point of Beginning. The above described tract contains 76.81 acres, more or less,excluding 11.07 more or less acres of rights-of-way of the Union Pacific Railroad and is subject to rights-of-way and/or easements reserved for Weld County Road 394 and is subject to rights-of-way and/or easements of record or as may now exist. PARCEL NO. 15 A tract of land located in the South One-Half(S 1/2) of Section 4, Township 4 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado being more particularly described as: Considering the south line of the Southeast One-Quarter Southeast One-Quarter(SE 1/4 SE 1/4) of said Section 4 to bear North 89°54'09"West, and all bearings contained herein being relative thereto: Beginning at the South One-Quarter(S 1/4) Corner of said Section 4; thence along the south line of the Southeast One-Quarter(SE 1/4) of said Section 4, South 89°54'09" East, 178.44 feet to a point; thence leaving said south line of the Southeast One-Quarter(SE 1/4) of said Section 4,North 00°06'51" East, 256.29 feet to the southerly rights- of-way line of Weld County Road 394; thence along the southerly rights-of-way line of Weld County Road 394, South 89°18'09"East, 655.67 feet to a point on a curve to the left, having a delta angle of 36°47'59", a radius of 631.68 feet,a chord of which bears North 72°17'52"East, 398.78 feet; thence North 53°54'35"East, 203.58 feet to a point on the east line of the Southwest One-Quarter Southeast One-Quarter(SW 1/4 SE 1/4)of said Section 4; thence along the east line of the Southwest One-Quarter Southeast One-Quarter(SW 1/4 SE 1/4)of said Section 4, North 02°19'57' West, 971.07 feet to the Southeast One-Sixteenth(SE 1/16) Corner of said Section 4; thence North 02°19'57"West, 1463.04 feet to the Center-East One-Sixteenth(C-E 1/16)Corner of said Section 4;thence North 89°39'58"West, 1362.72 feet to the Center One-Quarter (C 1/4)Corner of said Section 4;thence along the west line of the Southeast One-Quarter(SE 1/4)of said Section 4, South 01°37'07"East, 575.32 feet to a point on the Northwesterly high water line for the South Platte River;thence leaving said west line of the Southeast One-Quarter(SE 1/4)of said Section 4 and along the Northwesterly high water line for the South Platte River, South 31°42'34"West,2.13 feet;thence South 09°12'47"West, 1102.03 feet to the Centerline of the Union Pacific Railroad; thence South 21°24'08"West; 523.83 feet; thence South 10°21'44" West,458.62 feet;thence South 33°30'54"'West, 225.86 feet;thence South 09°27'29"West, 130.09 feet to the south line of the Southwest One-Quarter(SW 1/4) of said Section 4;thence leaving said Northwesterly high water line for the South Platte River and along the south line of the Southwest One-Quarter(SW 1/4) of said Section 4, South 89°13'18"East, 663.88 feet to the Point of Beginning. The above described tract contains 89.01 acres,more or less, excluding 11.02 more or less acres of rights-of-way of the Union Pacific Railroad and is subject to rights-of-way and/or easements reserved for Weld County Road 394 and is subject to rights-of-way and/or easements of record or as may now exist. PARCEL NO. 16 A tract of land being part of the West One-Half Northwest One-Quarter(W 1/2 NW 1/4)and Northeast One-Quarter Northwest One-Quarter(NE 1/4 NW 1/4)of Section 3, and the Northeast One-Quarter(NE 1/4) of Section 4, Township 4 North,Range 66 West and the South One-Half Southeast One-Quarter(S 1/2 SE 1/4)of Section 33 and the part of West One-Half Southwest One-Quarter(W 1/2 SW 1/4)of Section 34 Township 5 North, Range 66 West of the 6th Principal Meridian, Weld County,Colorado,being more particularly described as: Considering the west line of the Northwest One-Quarter(NW 1/4)of said Section 3 to bear South 03°01'57"East and all bearings contained herein relative thereto: Beginning at the North One-Quarter(N 1/4)Corner of said Section 3; thence South 00°37'00"West, 1290.91 feet to the Center-North One-Sixteenth(C-N 1/16)Corner of said Section 3; thence North 88°26'06"West, 1409.44 feet to the Northwest One-Sixteenth(NW 1/16) Corner of said Section 3; thence South 01°13'49" East, 1442.37 to the Center-West One-Sixteenth(C-W 1/16)Corner of said Section 3;thence North 89°07'13" West, 1362.77 feet to the West One-Quarter(W 1/4) of said Section 3; thence North 89°39'58"West, 1362.72 feet to the Center-East One- Sixteenth (C-E 1/16) Corner of said Section 4; thence North 89°39'58"West, 1362.72 feet to the Center One- Quarter(C 1/4) of said Section 4; thence North 01°36'34" West, 2729.92 feet to the North One-Quarter(N 1/4) of said Section 4; thence South 89°06'17" West 169.69 feet to the South One-Quarter(S 1/4) of said Section 33; thence North 00°36'04" West 1294,92 feet to the Center-South One Sixteenth(C-S 1/16) Corner of said Section 33: thence North 89°09'46"East, 2640.97 feet to a point on the westerly rights-of-way line of Weld County Road 31; thence along the westerly rights-of-way line of Weld County Road 31, North 01°28'06" West, 202.29 feet to a point on the southeasterly rights-of-way line of Weld County Road 396; thence along the southeasterly rights-of-way line of Weld County Road 396, North 80°31'42"East, 1407.61 feet; thence North 78°32'37"East, 54.05 feet to a point on the east line of the West One-Half Southwest One-Quarter(W 1/2 SW 1/4) of said Section 34; thence along the east line of the West One-Half Southwest One-Quarter(W 1/2 SW 1/4)of said Section 34, South 02°26'26"East, 1791.54 feet to the West One-Sixteenth (W 1/16)Corner of said Section 34; thence South 87°52'11"East, 135.86 feet to the West One-Sixteenth(W 1/16)Corner of said Section 3;thence South 87°52'11"East, 1314.62 feet to the South One-Quarter(S 1/4) Corner of said Section 34; thence South 88°49'44"East, 137.13 feet to the Point of Beginning. The above-described tract contains 435.81 acres,more or less, and is subject to rights-of-way and/or easement of record or as may now exist. Vicinity: South of 54th Street Road between 35th and 65th Avenues. All persons being interested in this matter may be present and heard. Kim Betz City Clerk City of Evans To be published in the Greeley Tribune on February 14, 21, 28, and March 6, 2004. FLU - W -u04 February 23, 2004 / COLORADO t... f • .A .. Ms. Carol Harding Clerk to the Board of Weld County Commissioners P.O. Box 758 Greeley, CO 80632 Re: Rumsey-Werning-Camenisch Annexations 1-16 Impact Report Dear Ms. Harding: Enclosed please find the Impact Report for the above annexations. Please note that Exhibit D, the draft annexation agreement, also contains exhibits. If you have any questions please do not hesitate to call me 475-1118 or email me at jfleshera,ci.evans.co.us. Sincerely, Jrm Flesher Senior Planner City of Evans Enc. 1100 37th Street • Evans, Colorado 80620-2036 • (970) 339-5344 • Fax: (970) 330-3472 RUMSEY-WERNING-CAMENISCH ANNEXATIONS 1-16 IMPACT REPORT February 23, 2004 The City of Evans has received a request from Rumsey Family LP, Lyle L. Rumsey LP, Glenn Weming, Kathy Weming, Tammy Sue Camenisch, and Philip Camenisch, property owners, to annex approximately 1,345.6 acres to the City of Evans. The proposed Rumsey-Weming- Camenisch Annexations 1-16 are located south of the South Platte River between 35th Avenue and 65th Avenue, as extended, contiguous with Schank Annexations 1 & 2. Please refer to the attached vicinity map, Exhibit A. This report is provided as required by Colorado Revised Statutes Section 31-12-108.5, as amended, and contains information on the impact the proposed development may have on the current infrastructure and financial condition to the City of Evans. Section 1 - Maps and Utilities Enclosed as Exhibit B is a map showing the existing Evans city limits and the proposed Rumsey- Weming-Camenisch Annexations 1-16. The City of Evans is a full service community offering typical municipal services including water and wastewater utilities. Evans' current utility infrastructure is limited to areas north of the South Platte River as represented in Exhibit C. Due to the nature of current development plans it is not anticipated these utilities will be required to be extended south of the S. Platte River in the near term. If the provision of utility services will become necessary prior to the City's planned extension of those services the City will pursue intergovernmental agreements with other service providers. The City's transportation plan identifies 35th Avenue/WCR 35 as a major arterial. The plan identifies the need to construct a bridge crossing along this alignment over the South Platte River. This roadway and proposed structure are shown on Exhibit C as well. It is the City's intent to pursue funding and construction of this facility as soon as possible with likely implementation within the next five years. Section 2 - Pre-Annexation Agreement An annexation agreement for annexations 1-15 has received preliminary approval from all parties involved. A draft copy of this agreement is attached as Exhibit D. Annexation No. 16 does not have an annexation agreement associated with it. 1 Section 3 - Providing Municipal Services/Infrastructure improvements As mentioned above, utility services such as water and wastewater services should not be needed in the near term based upon current land use plans. However the City of Evans has plans to provide water service to this area via water main extensions along the 35th Avenue and the 65`h Avenue corridors. Storm drainage, streets, sidewalks, and similar infrastructure will be the responsibility of the developer. The City of Evans staff will review proposed plans related to these items to ensure safe, adequate facilities and improvements are installed. Police protection will be provided by the City of Evans Police Department. There will be an obvious increase in service area with this annexation however there is not likely to be a corresponding increase in service demand due to the nature of existing land uses and the proposed near term land use. It is anticipated there will be a limited near term demand on police services such as crime investigations and traffic related matters. It is understood that due to the lack of a direct roadway connection will result in less frequent police presence and slower response times to the area when police services are needed. This annexation will ultimately add to the service burden of the organization and result in requests for additional police officers, equipment and other resources in order to maintain service levels and keep pace with overall growth. Fire protection will be provided by the City of Evans Fire Department. The Evans Fire Department has determined that no adverse impact will be realized with the annexation of this property. Automatic aid agreements will be negotiated with adjacent fire protection districts to ensure the highest level of fire protection. The Evans Fire Department will review all development proposals for safety standards and assist the property owner with petitioning out of their current fire district. All open space or park land dedication shall be in accordance with the City of Evans Park Land Dedication Ordinance. Those areas proposed for park land dedication will be developed from park fees collected from each building permit. Additional comments on this proposed annexation as it relates to parks and open space issues is attached as Exhibit E. Section 4 - Financing Extension of Municipal Services All of the services provided by the City will be financed through existing sources of revenue, and include revenues for property, sales, and franchise taxes, water, sewer, drainage, and sanitation fees. 2 Section 5- Existing Taxing Districts This annexation is within the following districts and they have been notified as per CRS 31-12- 108. Weld County(Board of County Commissioners, Attorney, & Planning notified) Weld School District RE-1 Northern Colorado Water Conservancy District, Central Colorado Sub-district LaSalle Fire District Aims Community College Weld County Library District West Greeley Soil Conservancy District Weld County Paramedic Services Section 6 - Local Public School District Impact The potential number of students, if any, generated by this annexation is undetermined at this time. As stated in Section 5, School District RE-1 has been notified of the annexation petitions. 3 Exhibits Exhibit A—Vicinity Map Exhibit B —Annexation Maps/Legal Descriptions Exhibit C —Utilities Exhibit D—Annexation Agreement Exhibit E—Parks &Recreation Department Memo 4 i EXHIBIT A l{ •,L,+^ Tea✓ �' ,%�Rr I {$ I _4 1 , '�tl '1 .44,4, '! { f �jS+$1e��i -+vim - 1 _ f R �.J .- y,.l•�x t s , t 4 ' rt.l _yr � , y 4. it'..- Vp . 4 v,1. ....,T t • llX T'Ztn 6 { k :,1. 1 , f - a i / y i li• • � , �,c 4 x }} -,..i _ -n♦ • . �'�� '1St ,I '" . �^I ,4 '+s�• �. "ice' "' 11 I " '� i'Y AAA Ruinsey ty tyyy err ,. [[ , , b tkrhC 1 9r k.fCamenisch eil Y 1 S 5 YY milt. t..�• r , . r }; uy' f,1yT 1 , ^t -I Y k, tali R :, i raft" m �_, {per.^ , a w 44f i#, u 3n: gym+ 'ig- .,.. tr .__ � , , �;�. ,:thumsey :-.,\*.;�� a �` kr+'sla d ._ gy m'. ". E • '1,-,I. �� 4 att y,i 5 n- y l ' '` f 7 " t 1:ft, li ‘,; 4 k f �p�� e.. .Yrfs . � ,t -- # "'c iCo jT Tit tt m, ' �" �t F ti'.2f r'din,. r t49 Legendtitosi Vicinity Map City Limits Rumsey, Werning &t Camenisch dil `� ' Annexation Petitions ate MI Annexation Boundary City Council g'0otl•�' 4- February 3, 2004 Public Works Department . RUMSEY-WERNING-CAMENISCH _ ANNEXATIONS 1-16 TO THE CITY OF EVANS }« E r i .o. ri PART SECTIONS 4, S A 4, T. 4 N., R. SS W., Sth P.M. & PART SECTIONS 33, 34, & 35, T. 5 N., R. SS W., Sth P.M. WELD COUNTY, COLORADO M Is I —air sew aer Aar h........„ •renfr•r"-----... SATIN.1 gr OMns ••IIMINNM, lN•I.w•r. 1N�Mh IN s •NIWII0N• 1•'r,RAM M IS NON M w • • 44.47r '— I1. L•N.NI IN IS II MINA f aIII C •nlwm _- i i Ij I C rNQ.noN• IS N—i I 1 d i I i mm s•~ MUM � f� I i 0004" it I11 i / 71M1 it �- it C1 it 111///oi — .n mow Si 1 i . Aeinw•1 f .a+awc -. ii w `.il•11111• i 1 �� IrfN10Y• i ii SI1Mf ii , 3 IIIIIMUM0N f J 1 MNNw INI II i 1 = if r ii ii -- i • • • .• • • • CO aril- �1s� �SHHEETT NO. I OF�,� DATE ry 1 4.22 Assaf NO uAwu,CO IOW Drawn by: — eL Data OT/12/04 KENNETH IRO�INIRST tvinweetwis • ii -�i w3rm1.1n""' 'i.• ','�11-No I ;rip • ch.aw: _K6� Approved: Ma_ 1w u.a emir• IL • R i Na • RUMSEY-W ERNING-CAMENISCH ANNEXATIONS1-16 TO THE CITY OF EVANS we do hereby annex ado tracer lend to the City of Evens, weld county, Colorado. PART SECTIONS 2, 3 & 4, T. 4 N., R. old W., dth P.M. & PART SECTIONS 33, 34, & 35, T. S N., R. dd W., dth P.M. By Rumen Fondly LID Petne hip WELD COUNTY, COLORADO By Lye L Ramsey LTD Partnership 807ARY..P1i1C STATE OF COLORADO) COUNTY OF ma )SS The forgoing In.trutmant was aebnewidged before me thYs___d0y of 2004 CS by and Varner my hand and rot 1. TM moments and/or rights-of-way which ore shown here nay not be complete on based an rend Yfemotl n, and an to be .m used only in this context, TNn client din not rarest any Mrs-of-way be shown betand those an the plat. My oanmhMon worm 2. a According to Colorado law. you must commence any Mal action bred upon any defect In this survey within three yeas after mu first discovered such defeat in no event may any action bane upon any defect in this corny be mnmanosd more than ten years tan she Rotary Public date of aertif catIon shown hereon (13-60-106 CAA), Me and Assodat.., ha, and/or Kenneth R. Nee P% not be liable for more than the cost of this sorry and the only the CIMm spee6bally shown hereon or in our M by aimed authorization. Aeosptoae and/or use of thin instrument for any purpose aemtlbatre apremant by the dint to dl toms elated hereon. 3. SA95 Cr BEARea By Mom J. Wamhp Considering the south Ihr of the Southeast One-Ouster (SE 1/4) of Section Thirty-Flo (35). Tamar F1.. (6) North, Range 9ay-She(66) West of the Sixth Principal M ridlon. County of Weld. State of Colorado. to bear North 68'5738' West, between monuments a shown on 540 plat and all bearingy, contained hereon being relative thereto. By Kathy L Waning 4. pn tannin CM MN OF MAIM ttaTMCLEGOLIG APEX 1 - 22 20 21.48% AMEX 2 - 1741:32 FEET 20.67% STATE CF COLORADO) ANNEX 3 - 1540.47 FEET 25.65% cowry OF MID )D ANNEX 4- 135406 FEET 24.41% AMEX 5 a 1330.65 FEET 24.23% The ferpalnp heWbnen was adnaw'Ied9ed before me thl�day of 2004 by aid ANNEX 6 - 3648.69 FEET 24.28% *thee my hand and ed. 3640.ANNEX 7- 79 FEET 21.40% ANNEX 8- 64.39 FEET- 15,69% My commission nine. AMEX 9 - 316.77 FEET- 16.62% AMEX 10 - 1566.36 FEET- 34.39% ANNEX 11 a 64.98 FEET- 16.70% ANNEX 12 - 195,00 FEET iv 16.66% Rotary Public AMEX 13- 590.00 FEET- 17.79% AMEX 14- 1644.79 FEET a 17.12% ANNEX 15 a 2434.11 FEET- 26.52% ANNEX 16 - 5516.25 FEET- 27.31% 5, TOTAL BOUNDARY. DOTAL ACR By. Tammy Son Camara 1 - 1061661 FEET 140.-31 * ANNEX 2 - 6426.04 FEET 72.08 * ACRES AMEX 3 a 5960.17 FEET 17.63 * ACRES ANNEX 4- 5544739 FEET 43.69 * ACRES 8y Philip E. Comaeoh ANNEX S- 5512.33 FEET 43.26 * ACES NDTARY P1St ANNEX 6 a 11970.11 FEET 195.67 2 ACRES AMEX 7 - 16571.62 FEET 212.80 t ACRES EXC IOING THE MEA CF LOT A. RE-1434 a PARCEL 6, RE-672 STATE CF COLORADO) AMEX a - 361.16 FEET 0.11 2 ACRES comity or vas )SS ANNEX 9 a 1883.13 FEET 0.43 2 ACRES The farpolnq h.Wlment won o.knaledged before me Bdii_dsY Of----. 2004 AMEX 10 - 09.036 FEET 02* ACRES by and AMEX II - 117.02 FEET 0.02 2 ACRES ANNEX 12 - 1170.29 FEET 0.65 * ACRES Witness my hand and sea. AMEX 13 a 3316.50 FEET 16.16 * ACES My commission arks ANNEX 14 a 9563.44 FEET 76.61 2 ACRES(EXCLUDING 11.07 * ACRES OF UNION PACFIC RAILROAD tGHTS-OF-WAY) ANNEX 15 - 9178.31 FEET 89.01 2 AGESS(EXg11pNG 11.02* ACRES Cr UNION PACIFIC RAILROAD mONTS-OF-WAY) ANNEX 16 - 20197.54 FEET 436.50 2 AgE5 rotary Public 6. F1 Man AIN N NIN• the are h h located Ze a n A, (Are of 100-year Goad, base flood elevations and geed hazard factors not d. Man determined). Sr Community-Panel Number 060266 0750 C. 7. M lands within this annexation shall become Included in the Municipal Sid-getrlot of 140 Northern Colorado Water Caneavanay gablat. cj By Board of County Commissioners, Ch.:amain tm NOTARY Plea 1 STATE OF COLORADO) ZS apVFYlW't rrPT6mlTF The Nfrpolrp In.tlutm rr OF IUD 55 woe acknowledged before m.ihle_daY of 2004 'lva I. Kenneth R. Ages, a Registered Professional Land Sur in the State of Calorodo do hereby certify that ins nap of bY and Surveyor *tner my hand and ed. E land to be annexed to City of Evans, Wei Canty, Calarodo was prepared under nY personal erervMon, and that this My rglrs nap Is on @ccrete ,. Well to the best of my knowledge and 11fUN. I fort eel certfy that rare Yon one-lath commission(t/6) eP the ex \ the proposed tart to be annexed are contiguous to the present boundary One of the 3 City of Evans, A Notary Public Kenneth � • I.�.F�.- - . .�� eegN91 y 0 pry nn8CR CAITIFFS �( �1 I�-�,i,, 'n nor I. City Ooh of the qty of Earn, Weld County Colorado. herb certify that this h a in-and occurs Dopy of the ₹ \ 17.ip\.t S V R4(' , p' annexation mop approved by to City Counts of the City of Ewno. NW County Colorad0. containing the deorlptlan of lends annexed to the �� City Ee t Weld Caunly, Colaradar on byy Ordinance No. . A=lifted copy of which is horn M.d, rah aiRnrce My ow* SHEET NO. _$_ OF S °= "p MAXIM rradel aLIS NO ANIONITIN NO. Drawn by AIL Cater 07/12/04 KENNETH SROADFKIRST ASN(ATSM NO.*M TO MO any OI WAllp 426 NMIL �927 ST..Le VILE CO MI6 SCUM PINEY CREEK COME SAMOS R S A 4. T. 4 6L.N.N W.I PMT NOTIONS FAX (976121`-�iee Checked: ' A Approved: .SBA_ m(teMdAL COLORADO Nom &M. T. S No R N W..it Si RO oar,OOLOOASO RUMSEY-WERNING-CAMENISCH ANNEXATIONS 1-16 TO THE CITY OF EVANS PART SECTIONS 2, 3 & 4, T. 4 N., R. 86 W., eth P.M. & PART SECTIONS 33, 34, & 35, T. 5 N., R. 66 W., 6th P.M. WELD COUNTY, COLORADO trend of aw.p..P ANa MIiria N franaPTIOt1 -AtelesTioti Na 4 WSW FMS Y PaRnMe 11Q) lPIYW-u.$YA7rnf ern 7(a ON.1 &KAINY I VENOM A EINIEEY illelY LID Know a ten premed; that we the We.laed. Mfrs all the own and Inaaere of the rags Seedbed locate. A tract of Ian being the Southeast One-peter Southeast Cie-Quarter(SE 1/4 SE 1/4) ef Sects.Thirty-We(x), pi.e' PTON - Animu a is I (Rinser FAMILY LM PeSI ERthe Was Five(5)North,Rage SNy-Ek(06)net of the qel Rend Meridian Mid Cants Coloreds, being ma.patbulerlr A beet of land located in the North OnrNSf(N I/2)of Satin Two(21 Tornio raw(4)North, Rang E4ty-Set dencrtel as A tract of tin tooted In the Samthea Or-Quern(SE 1 4 of Section Thirty-Five ) (N)West of the fill Principal SSW and Soutane One-aorror(SW 1/4)of WNW ThYtr-Fl..(35), Towles /) irty-FM(36k Township FM(s Npa, Fha(s Nara, Raw ffidy-9v(ask Meet of the 6th Rnopd WSW, Weld County. Cando,being men Ras.sbdy-Six(06)era an the WSWQu-aorta(NE 1/4) of Section Two(2), twin p Far(4)North. ant t11•a it line a IM Southeast One-pwrtr(SE 1/4)of Idol Seaton Thirty-few(34)m b.0.Nara 675211'West y Sorbed ea Rase Sixty-Se(old)Wed of the 0t PWandMe$1 , Weld County,Coloreds. being more pataarly described as aid a bearings canned herein SOW tln.rda Beginning et the WSW Career of odd Senn Thirty-Far(341 thence era MTh'Neat 145015 ha to the Est One- CaNNerng the west In.of NN Northwest the-Goats(any 1/4) of ad Section Two(2k TaweNn Far(4)North. Considering the south line of the Southeast One-Quart.(SE 1/4)of sold Section Thirty-Me(36)to boar 9Lyeenth(E 1/15)Caner of sold Swim ThH a1rRasa 9or-b.(OS)W0.of the SlA there tS1d1a1,were County.Coloured.m bear Math mse'4d•Ea Nora 5817'36•West red a Mang watered beret relothe a.rewyt to (34)the wine Three(3% Twrlwp Four(4)Writ Rang Sntr-Se(a) an a bang We in WAS aw.la east thence, North 061017 wort 1330.76 feet the Southeast One-Shl.sth(SE 1/16)Cons of wet Section Thirty-Far tegrnng d the South One-Quarter(S 1/4)Cater of said Section Thirty-Flea(365 threw south 01755'Far, (345 Wes South 59'71'36'E.M. 1467.72 feet to the dodo the-ShrbrnM(S I/16)Carer of.s0.Satire ThRty-four(34)and Sylnnq at the Nerthwd(NE)Caner of.old salon Tea(25 thence along the oath line of a.Northeast 0.r 107.71 feet b the North One-Quarter(N t/4)a old salon Two(25 thence them the era line of the Northeast LOWlNYly-I (J6k Township Me(6)North.Range soberly-son(M)Wrt thence, South 0054'0?Eat, 135w05/591 to the Quarter(NW 1/4)of.old Section Tea(2),South 5643'02'Eat. 116103 feet tree North 030137 East. One-Quarter(NE 1/4)of math SSW Two(2), South 0011317-West, 703.51 feet a a•canteen of the Godfrey Pant a SIMn 20.02 feet to the north rightrel-ear line of Wild Canty Road 50 thence aced the north rights-of-way to of Mw oltdc thew reg the anledbng of the Godfrey OW the the oeur Nora 4116'00'Feet 136.59 Canty Reed 50.South 0'4802'Est 33ao6 feet then leans the north Slats-of-way MW of Weld Mowing the atom e.w6ed trth contains 43.59 awes mars 0.r I i and le subject to resmee(-any and/or.armed renal e7-WS Rood 50.South 2514'16'West, 22.24 feet to a point n the north I the of the Nth west One-Watt(NW 114 of feet 7115 North 647710'East, 200.36 feet thence,North 515822'feet 336.34 feet thence, Candy Read 50 alas the eeuthely role old a Wed to rights-any se/er srwse of record et w may nor 7-M. ad Sects Two(21 ass.South OW43'OY Est 1126.00 feet to Nara One-Quarter M 1/4)Cams of sold North 7115.07 Ewer 224.08 feet area, North M71.47 Eat se, Gnaw South 2215'05' Win Two(2 thew do Ea, 75.99 feet thence,North 621623'Eat 201131 feet: then.North 00'01'16•Est ecti feet to the 0[ llpl-AMItoaml Na a /s1M-Y Fun Y PMThwbW �l p feet e Sc IM of the Northwest One-Quarter(NW 1/4)d sold Section ice(2), these East-Ewer the-Sixty-For% (E-E 1/64)Cerny of sae Satin Thirty-Fee(55)and said tin Two(25 thenales ce South 0076' net. 12/0.59 to a point an the northerly Nyll•-M-any of 675 Canty Road 1641 Nora 0057-02'East, 2640.14 feet to the Center-east-East One-Slaty-Forth(C-E-E 1/64)Caner ef sold Seto A beat of land being the Southwest One-Quarter Southend the-aster(a 1/4 SE I/4)a SEW T isFar(xk Tenet nee North warm MCoil, 11mu7 feewayt seee Wang County w nararly Mt�rightsts-N�i y of lea 1Ja County Reed feet 3114. Thirty-Fin(361 thence. North 665331'Nat 750.07 feet to the Grata-Feet as-Sidenth (C-E 1/16)Corner (6)Nara.Marc.SntyS(6q)Wart of the en Phelps Mehort Wild Cady, Colarede.being mw pCealy deserted ow Y a said Section Thirty-Me(361 threw North 556731'West 151513 feet to the Cate One Oust.(C 1/4) firth 01'36'30' 44'Wed,Leo feet thenee.feet thew,art q Olvi5i•w�a, mi2�i feet twat fat; %WIpI,Corner of sold Section Tasty-The (xk thence.South WOW East 2663.31 feet to the Path of SpMSs. South OIY1'u'Seat MSS Set the Korth w5n1C wart 70.41 for throe, The obey described tract onset. 14061 ores mw or law an h reCanldaog the south Ire of the Southeast the-Gist.(SE 1/4)of said Section Thirty-Four(34)to bear North aerie Qua for Weld Canty Read 50 along the southerly sr of the parcel and h s to Aguef-any an/er easement resawd red WWI contain'herein fatally*to o Sous 247800'Est.133.00 feet to the @nth In ef the Writhed One-Quarter(NE 1/4)of said Saclike Tee(21 Mena subject to dads-of-way and/or easements a MenaGas a. south See of the Northeast One—Oster(NE 1/4)of ad Sects Two(2),North 119142'bat, raced a oe my now oat Beginning at the South One—Quarter(S 1/4)Carer of eoN Sectice Thirty-Fes(xk tames sadn 675211'Ead 145016 e.t 1531.03 feet to the Center One-Quat.(C 1/4)Can.of said Section Two(21 theta. Mat w11.42'Wert to the East the-Mots nth(E 1/15)Carr of sold Section Thirty-For(34)and Seetln Three(3). Twin Four(4)North.Rang 136267 feet to the Center-West One-Sbdanth (C-W I/to)Caner of odd Section Two(25 Wee Song the south IM Sety-Set(66)West then,North 061017 West 1331166 feet to the Southeast GrSlnessa (SE 1/16)Caner of said Section of the Southwest Cs-Quarter Northeast Ons-thaw(Sw 1/4 NW 1/4)of said Section Two(2). nitwit - ,salutes NO 2 fl 111 I WWI'1111 PARTERLe) Thbly-For(xk the e.Nora 80-22'35" we, 1407.73 feet to the enter-Sea Oe-sntewa(o-6 1/16)Carer of sold (1.33>Mat.6211142.rut caw feet m e pant w the westerly r1rIt•-of-way In.of Weld County Reid 3K Section ThRty-For(xk them,South 032%36'East,131540 feet to the Pent of Was thence along the wanly rlghla-oFwy line of Wald Canty Read 364, (534)North 11'49'12"Eat 56.25 feet A treat a tin located n the seutlne.l One-aatr(SW 1/4)of Section ihkty-Fhe(36), Tawehp Fee(5)NVM. %we,(l35)North 01•w51 Feet 220.63 feet thence,(l31)North 03'46x•East 231.13 feet te a ame Rog dollaS0.(NJ d In of the 6th et One Weans Wdd Canis Cion Thirty-Fee 0.+9 more Sena t ee d 7-N The abow deeabed trod anted 43.26 a maw a lea,cod h subject to rights-of-way and/or sawed rained for Weld (CS)to the right haring a delta angle of 25'42'48. a rate of 406.41 het the chord of ankh buts North Canty Read 30 along the.outhely dole and is subject to rights-d-wey eM/er eaenem of record or as may new Wt. 171711'East 16a66 fest to o point an the et Ss of the tautest One-Quarter tallest One-Quarter CanrdeMg the south line of the Southwest One-Quarter(SW 1/4)of said Section Thbty-Fhe(36) te by (Sea/1 NW 1/4)of rdd Section Two(21 dance, Mara 61737'La. 707.42 Met m IM Norm-Qua SW 0.40.07'West an a beaus contained herein fettle thane Coe-SM.aa 04-6 1/17)Canny of Sc Section Two(25 auras, North 014'27 east 132204 feet to the WW2 at the South One-aarw(S 1/4)Career of said SSW TotflPTON-MOWVA7W04 Nn 5(a no.l r taw L YF North O e-sht.enth (N I/16)Caner of told lanai Two(2)and Sections Three(3). Towhp Four(4)North. Range rinw(36): thence Gas the south line a the Sid Ste(0)West thence North 021648 East 1264.76 feet to the Pant of Segbawa Southwest One-ouster(SW 1/4)of said Section Thbty-iM(35).Nat 0'45'02'Wst 101676 feet thence A tract of loo located in the East One-Ndf(E 1/2)of Ssollan Three(35 rewdtp Far(4)Platt Nang Sh7-3r(N)Not of the EiNIuaW9 Lot A, 06-1343 and Parcel a IR-572 Iso.tg the south IS of the Sauteed One-Own(SW 1/4)of Sc Section thirty-Me(361 6th Principal Mannan.Weld Counts Colorado bas more particularly loaded as The Sc..deecated trod aentane 212.60 awes more or Iee aid is subject to rights-a-way ant/or earned North 801118 Fad, 352 Meer thence.North .12'Nat 206 5 feet thew. the Scline d t.Northeast One-Quarter(NE 1/4)of Sc Satan The(3)m Sc North 025846•Eat en ell of retard or as may now Wet Nora 017-58 Wet J3aN feet thaw seam 035833•east 260.37 feet h a point co the south pea Weil meths thereto the Southwest C e-prter(SW 1/4)of eat Section Thirty-Fee(355 thence along the south the of the WSW One-Quarter(SW 1/4)of Sc Section Thrty-FM(361 North W46'or riot 1103.06 feat to the Northern 6eyeabs at 1M North the-Oust.04 1/4)Cann of NN Section Tree(3)I tide,South 0077-00'wort 271647 fed to the OreerlPlitlN-AwavAlNfe It 5 OVUM MAD Y4) (Mm Caner otf One-Quarter(�1/4)a Fwd Math. Range Skit-Se(N)wort these along the south IS of Center pa-pad.(C 1/4)Carer d Sc Section Thor(35 then etas the wed Me el the East One-Ndf(E 1/2)of Sc Seethe said Hy-Fire(31J).0.151 North 96.40.07- net 16.96 het Three(3), South 0216'22'East 450.59 feet leaped an to southA trod of lee tooted in the Northeast Ow-Quarter Scuthweet the-Gott.,(NE 1/4 NM 1/4)of Sens Three(3). den 7 new line of Wald caper Rant 364: threw clang thew.loosing the south line of feet Southwest%Math 33 (SW 1/4 of Sc ssoton Thirty-M(361 the south rights-el-way Re of Weld County Rood 364 the Wowing seven (7)wren.North N'26'1s'Fst 41x13 die m o powdep Fw(s N cc Nape Slaty-SS(N)Wed of the to Principal MerNlan, Sera eeunes Colorado,being may Nora 015848 Wet 1060.07 then•0621 Nth 330'0.-Fad. 27.14 feet thnespatiaalr d�s V Math 0'23'42'Eat 94.67 fee: thence. (145 North 072'21•East 41 .42 foot Them• Ngot an a thew(C2) 3 the right des has a central 7gls d 37500fe a slue of 004.30 feel are Ur chord2 feet herb bras I5,North 675729•Ent,310.59 feet then, (art)•Nat 9614.07-Eat, 2501 feet dews 765542'Eoet 425a4 feet threw Sou% 0RYt7 Feet 3flos feet s feet thenet tea South feet 'lest Considering the east line of the Moraecd One-pourer Southwest One-Quarter(PC 1/4 SW 1/4)d Sc Section L , South 7844'12'Eat.50.74 feet thence, 055 South 511767 Est, 120.59 feet those 142.7142.76.South •paint East, 517.44 feet thethe Seuwth NSfetr (C 1 2)of NWsia 11w.. 5 M the Sar East, Three(3), h by earth 07'16'22'Qua an 0.I bearings contained hr W1 n1etM thereto North 574735'East 124,07 feet thanes 0.101 North 78078 Eat 300.33 hot thorn One- fed to o met on tlN east IM a foul0th-N'll(E 35 8 Is Sedhn Um(.e tlat,(C 1/4) nod ale a Ihe[ass ,� 11). New 67'41'22'Est 64.47 feet then,(5125 North 5054'21'Feat 60.0 feet then, Oection (E 1/2)of Sc Ssolbn low(31 N 005277'NMC ]ale 1sot to the furl poneee(3% N(E Cent a Sc q.,yntrp at a Pd^I an the east Rn•of the Nathan!One-QuarterR ad 304 t One-prlr NE 1/4 SW 1/4)of Sc 13), North 411314'Eat, 241.14 feet thene,0.145 Nat 76'2{'55'Cot. 54361 hat to e poets the Section Thee(3k thence alas the Sc the of the East One-Hall(E 1/2)of said Section twee(31 NW 025848 Eaat. Seethe Three(3)and the northerly rlphtfd-ear of Weld Canty Read 364(Lasdn N Mews IM Center Sc Rea the Southwest ar1uarw(SW 1/4)of Sc Section ThMYFI(36% South 595719'Ea,1741,32 1301.30 feet to the SW One-&dwnth(N 1/16)Cann of sold Wien Three(3)and Section The(2). Toe ndMp Four(4)Nnt% one-Wert.(C 1/4)Comer of meld Secure Three bears North feet to the Ponta 6ee Cs Range SirtySle(96)Wst thaw,Nero 021846•Earl 1264.76 fat m the Nathast(ME)Come d Sc Wien Three(35 (LIs)South 5551.30'Wed, 170, then,(517)Neat 77.7'36•East,114.net. 415. a point en t Sc IS thew.North 671464'Net 203.55 feet to the Point of Sepals of the flathead One-Quarter Southwest One-Water(NE 1/4 SW 1/4)of said Sects Three(3)an the a ut sly CO The anew deeoreed tract contains 720 acres more r IWO,Old I.s bjeot m rights-of-way cn/or easement rwwd The dam dna6ed tract con 196.67 sorer, man a Mr,an h Reject to dynb-al-any ow pwranb sowed b Canty MSS-of-way�'of WId Canty Rod 394(Lirn Nlyneyk thew, 0.15)Nat 0210'22' Wert,54,30 Not to the for Wild County Ran 50 des the southerly ode of the parcel ad l seta h rights-of-way eM/er mane ofSeglnriy record or as may now.dN. Rooth toasted on the parcel and le subject to rights-al-way and/0.r easements of record r a my now net. The abase WSW boot cantered 0.11 eves mem or Ise.0.M le subject to rights-of-way 0.M/r easements of I 'MINTON -ANNFYA7Nw ern,3(RuLw IY FAMILY 110d PA9FAPIP) nerd r may n a my w 7-M. 1 A boot of land located In the Smthseet One-Wart.(SW 1/4)of Section Thirty-Fee(36), Towne*FS(5)Perth, Vedardeiwitirsolifel Nn 8(frW.,,Y ROAD 364) Ross Sixty-Six(6$)Wert of the 6th Principal Nelda. Weld Cents Caaedw bang more particularly deserted at CateidwM the Seth IM of the Southwest the-aatr(SW 1/4)of said Sectons ThMYFiw(35)to Sc rew�ertp of ladlocated)loth Raw N�east Ono-Quarter jaW. Oth�R WWI One-Water 1/4 Counts)aawaaw w Section ig more North 5840'02' West the a bearings eentaYned nrebh relative thereto particularly doOdlbed w Bganp at the Souther t(SW)Cum.of sold Section Thirty-Fin(36k thence dace the mouth 6w of the SouthwestCanddrng the Sc line of the Northeast One-Warts Southwest One-Quarter(NE 1/4 SW 1/4)of Sc Sector 3 the-pert.(SW 1/4)of said Senn Thirty-Fh.(36),(L1)South amine a Eat 12196 fast thence Wing the Three(3)to by Nat 0216.27-NW an m bearings contained hen relative area: south line of the Southwest One-Quarter(SW 1/4)of sold Section Thirty-FFM1w(36),North 015(40• Wet, 1000.07 feet to a pant an the sou1My boundary of Lot A,RE-23.0 Woe alas the southerly bourdsr of Lot A, Winning at a paint an the Sc See of the teeniest One-Quarter Southwest One-Ouster(NE 1/4 SW 1/4)of said CV PE-2315,041 North 335807 Est 27.14 feet thence North 0042'47-Eat 107.02 he to the north the Win Tree(3)and the northerly AOrlral-any of Weld County Road 394(Linen Wend new the Canty R§ of the Sauteed the-theater(SW 1/4)of sold Section Thirty-Fin(355 thence clang the earth tie of the Southwest One-Quarter(C 1(4)COIN.of meth Section Three(3)bore North 021022'West 416.26 feet apes One-Gist.-(SW 1/4)of mold Section ihtty-F!w(365 North 1015313-Nat 463.26/a to the NW Coe- (Lie)South 50171 10'net. 170.pp them.hl7 Nat 77SS'36'Eat.146.77 fed m o pen an the east Quarter(W 1/4)Cater of said Wilco Thirty-Five(361 these. South 0654'02'Eat 1500.20 fed to the lee of Northeast One-Quarter Southwest One-Quarter(NE 1/4 sow 1/4)of Sc Section Three(3) an the the caner of Lot A, RE-2311: a.m., South inept East 1000.90 het to the Paint of wpwsg, lee of the N s-of Nye Weld East Canty RoadM to(M r Pont h /4 SWhenc4, (L20)South NRhre3'3))o the throe 0.1No 00 fore sow antyRoa 50 lcontains southerly ogee,ter.the leek ern h subject t 7-i h-a-way and/cawed r f The sow d.wted tract antate 0.43 can. Ma CC lea, and h abject to fights-of-way and/or easements of for12 Wild Count'Road a clang the We of parcel and b object mAye•-ehwy eo/a awmrnb a record r a may era rait sera or as may now eat. 4 590. SHEET NO. OF �x _(L DA TE ttSVNS )Pl'I ALSO AM A IMOCIAI AV. Drown by. -.M..- Dote: 0'/t /04 KENNETH6ROADNURST AIeeD(ATIOR NO.HS TO 71*err OP EVANS{(1111 m�i,N`79070)T,.LA S°i�'0D�° 5955 SOUTH NC'OM F�FaE PART SUCTIONS N SA 6 T. 4 f,. R SO W. A PART YCTIOIM FAR (6767 3114-$061c)lnaasd: _ISBN Approves: ISBA_ m(m56At.cplaAto 00016SS S S/e T. I R. N.SO S.NY PAL WILD COUNTY, COLORADO RUMSEY-WERNING-CAMENISCH ANNEXATIONS1-16 TO THE CITY OF EVANS grertPTN* .NNF,ATION NO 14 awwrY EMS 1111 PARTNERSHIP) PART SECTIONS 2, 3 A 4, T. 4 N., R. 08 W., 8th P.M. A tract of ion Menem(1n the Nw.l GI.-Owrtr SaOne-Garter.t One-Garter(NW 1/4 SW 1/4)of Sarum Three(s)and the c•a & PART SECTIONS 33, S4 & 35, T. 0 N R. 00 0th P.M. One-Holt Scythian (4), lq t One-Garter((E 1/2 SE 1/4)of Section FourTo.n Four(4)Nora w. Ras.arty- (66)West or the ea 6 N were. Panel Meridian, Weld County Plaado berg mare portably de.at,4 en WELD COUNTY, COLORADO Considering the south IM of the Sonnet Cn.-Oratr Southeast One-nett(6E 1/4 6E I/4)of en Section Four(4)to bear North 6014'09"West and all bo ngs etend herein berg relative thesta Beans at the Wes One-quarts 1/4)Corner of at Sine Three(3k thence. South NVT/S Eat, 1362.77 feel to the Center-West a.-8rbalth(C-W 1/16)Corner of eald Seaton Three(0 thence along the wt ins of a.Northwest One-art 4 SW Iset earl ByrlipTfW-AN/YATrN NI1 10 IrnlrTY Kurt 14•) the th wowed One-Cluster SSar/N:w qtr((NNW 1/4 SW 1/4�.d Section11h n(3%Sout 15011557'�We.t, A tract of lad lasted r the NMhroe One-Oster Southeast Olrorrler(NE 1/4 SW 1/4)our e.atbn Three(sk Tewdliq Four 771-O feetste (NWthen 1/4 SW 0741209"awsot. ,026.04 Mt to a point al on the south line of the Northwest One-armr Southwest rile-Order 1/4 SW 1/4)of en Section Three(s evince dap 'the West 407'0 of the to Northwest One -Sit Southwest (4)Nrsl.Range srly-SW(66) Wet of the 6th Principal Me g Weld Canty Colorado,berg mon particularly deenta at Coeruder sty r1 (4)of said Section n terree a( k theme ..WWII' 4t29e feet co South One -Gort.One-Sixteen(t 1/16) Conederbp the net IM of the Nrtln.o.t One-Curler Bouthwet Ores-art(fE 1/4 SW 1/4)of e7'Section Tree(3)b b.7' Corner of said Section For1/4) and ea Sens r t•atbn twos 1/4(Sk ono.deg the roan,mesa of thence Scottish the Gat Eof the North 021612' Wet a0 d Southeast Onen e- iquster sal e of One-Garter(SC SEf E 1/4)o7ee l East, 17187 Fes(•4e%CSou h 16.43 1616 wdi31 1 rfeest to the bearings centered heraln Math.Uherea southerly 63 rights-of-way a of Wald County Rood]o than along the sonny rph e-wy of 0 a Weld County Read 39e, South 63'4761•Wet.360.16 feet to a port n a auae(a)to the 450,eMp a rialto WN'0Y, a rata of aedbwp at a part on the east OneW of the County Reed One-quote Snaawt Onen Ca (NE 1/ne SW er on Thai(3) 1134.56 feet,a df of en bee.South er4ebt•Wet, 116.06 Wt thence South 6391x•wet.MO.54 feet tonight and th (Jy)rightsben N n y0 1 wale Crnlr 620 364 ahane s along whop the Cot Quy Weld (C 1/4) cad 3 of said on the east line of the Southwest One-art Southeast Ow-Ouster(SW 1/4 sE 1/4)d ear Section Far Nk thence deg a.eN Section Three(3)ben NMA 0216 22' Weal, 416.26 feet thanes dap the northerly lights-aFwy of wad County Read 364 IJnser Nrwy)South 1610'29"Vint, 1230.44 toot thnce,(121)South 66'2704' get 10250 feet thew., bra of the Sefton O.-Geier Southeast (SE (SW 1/4 EE 1 Section d.de (4brll Fr.<ea h 02 Orvsr Web, Seas 64'46'29" west. 119.07 fest to a pnrt on the net line of the Nrthe-t one-Abet swaweet One-arty fn07 met to the South Eat O1eErtrona (s E I/IS)Canty of add Four(4k and•North W21C6r Net. 1463.04 NE 1/4 SW 1/4)of said Sens Throe(3): and along the wed Me of the Netheeet Ons-Abertr Unwed One-Abrtr feet to ttheof Gennfast Over srt•na(C-E,/1e)Cow of ear Section Far(4k anet South 68'x'66'Ead.1362.72 feet to be 1/4 SW 1/4)of.old Section Three(3),025)South 027956'Sort.64.16 feet to a part on the easaly riybte-ef- a the Pert e.grnbp Weld Canty Road 394(than Hlghwoyk thence dreg the sonny rlgflts-of-en of Weld Canty Rood 364(ltnadn"yingy), the•ben dasorrtl tract anion 7641 arsL may or keg aaludnq 11.07 4/- area of rights-of-way of the Union PasSe Rained 0.24)North 64'45'23'Eat 15071 feet thence.(1.22)Nan 561751'Eat 1647 feet Inn North 1610'29"Eat, and M Whet be rlghb-a-way and/or roenrmb reserved for Weld County Rood 394 and r subject to nth-of-way and/or ea emente 1211.26 cost to a port an the rout line of the Northeast One-gust.Southwood Ow-Garter(NE 1/4 SW 1/4)of row Section Three of record cranny now Set. 3k them.. (120)Sea 68'23'49"West. 771.36 feet thence. (L18)North 64W4Y East 79540 feet to the Peat of Oc.apTror MeintAT1al NO.fA f169a.5 Fas Y rill Pertained) The Mom dsesta beet aamr.1.47 auras,more or 45.6 and r spot I.rylm-of-won eel/r•-"n"H of record or a may nee A tract of land maid In the South O e-Ndf(5 1 of Section Four(4).T aN t. 6th Phone Indian, WNI4 Cane OY bag mane prtkiSeny Seated es e"Ip in(4)North,Range s.ty-57'(ee) Woe of the line the OEE(Arn6N_YINay.,1r.Nn. 11 rralaY ca. y Lm P.R,eOee1 North Coonskins the Wet end of be Sanest ��e'Abrlrn herein�6 Maths thereto (SE 1/4 SE 1/4)of we stir,Four(4)m e.7' A bract of fend located in the Northwest One-art Southwest One-ouart(NW 1/4 SW 1/4)at Section Thai(3). Tc...t,e Far (4)North. Range Stay-90(66) West of the 6th Principal Mares.Wed Cony. CdernM, Wog men oniony Ywbod as (SE 1/4) t rid Sea For(4). (5 1/4)Caner of eald 44 fn Far(4k thence ele the south 6»of the the Sae Abet On 1/4)a we 1/4)) of Far Sea Sea 604), N Eat 1651'elm 6 petit thence ramp old south ter of lineof Wed Cneldeing the net bee the Nathaad One-Ouster Southwest(NW 1/4 SW 1/4)of said Section Twee(3) te be One-Ouster 30 he old Seaton Far y 7'i path rig000hts-of-way Eat Weld County feet ato the cell. 05,rIght01.Lost-way Wed Saud 03'02'69"Eat and a bent.contained herein Sethe Owen County Rood um; and doe leth manly a ditto -wf 34 of '. ens Rod 304,hSeel, 661RW'En ben feet to a th 1 mecums ,3) .t the left henna the 5 oE36 2015 aradio.saint lest a bee the Sauteed Beginning at a point a the sod line of the Northwest the-Odder Southwest the-ysts'(NW 1/4 Se 1/4)of odd Seen Two Or- Ire S2.Eon, 361.75 feet and North S 3/.)x Eae, 2116F feet m a pee along the a ea Res e f eauaww (� O e-Goner Southeast One-Grt SW 1/4 SE 1/4) of said SroOn Four(4 North.219 'I eat iL d the the ree the the wet One-SixteenththeNorthwest(SW 1/16)Cane of,cod Sane Three r 041/ Eau 4))'x'o Ent on twee feet(3 ao-Oureer Southeast One-Garter sC 1/4 SE 1/4)ofa old Section Four(4),North 02'1967'Wes, 141.07 feet to the thence L26 alonnth the•5' i.e of thethence One-Gnce In g the eat st leash-ast 1/4 SW 1/4st of th Sest One Gras(3'k Cede-Ern G.-s teen ((C- 11/1 Crr of sop Salon For(4k code North or9a5 net, ,165.07 feet to the L o/4)at add S non feet (L2 1aMp 7'l Rio e the Northwest tOne-Orarf�Earewt One-Ogler One-eater (C 1/menu(o-5 d S)Caner of said thnce Four Nk eau. e97uthe wan ,x272 feet the eat NW 1/4 SW 1/4)d said 1, 100, Ma(3). ce, South Q70'06' wan 5.00 feet thine. a•-GNtr(C 1/4)One of odd Section Far(4k IMAM doe the wet l7'•of line the a South Platte t(8E 1/4)of set Section L20)South 0279'66'East. 190.00 feet and,0.20)North 760316'Earn 5.12 feet to the Port of B.gab9. Far(4k Sea 018717'East. 575.32 fee to a peal n the Neraawtly high water a for South P Rea, Mown The abet deearted raw banns 0.02 nine,m e r Iw ask Y airbagm rlghb-of-wr ad/r shehm r remd r as mry a. rase said west One el the Swerve One-Worn(SE 1/4)of sold Seaton Far(4)and Song the Nra.rtely hqh wen Me t .port, the South Matte RNs.(L16)South 31'42'34'wan 2.13 feet these,Scum 06174 Wet. 1102.03 feet to the Crobribhe of the Union Plonk Ralraat thence, South 2114'09"Vint 523.53 feet cad• See" 1011'44•West 45642 fest vdi lld_ANIIFYATION lilt 11(RIaaY FAMLY Lin PAR-Orep) then., Sean 337954•welt 22546 fat Inns South 001779"wet 130.09 feet to the south ms of the Southwest the-aot.r(SW 1/4)of en Section Four(40 and ramq add Northwesterly Mt water the t the South Plots Sear end deg A tract of laal located in the Northwest the-Ovort Southwest One-arty(NW 1/4 SW 1/4)of Section Three(3), Township Farr the sea In of the Southwest One-Gator(SW 1/4)of said Section Feu(4).San 661316•Ent 60388 feet to the (4)nth. Range Sixty-S.(SS)Wes of the 6th Principal Indian,din, Weld Caen Colorado.Wog more pstb lsly desor6a as Part of Beginning. Caneldning the west Ifne of the Nwthaes One-Garter Ebullient One-Ouster(NW 1/4 SW 1/4)of oar Section Three(3)to bee the aen described tract a ntayr 99.01 ors more or 1es etding 11.02+/-are of dehtof-way of the Irhn Pone Ranted South 0302'53• Ent and all beanie contend hrNn rine oast and le subject to Melts-of-way and/or easements reeereed for Weld Canty Road 364 red Is Wpel to rights-o-way red/or a eenanb of nerd or a may now net. Be rnbp detach!Knee the South Wet One-5rteeth(SW 1/16)Crier of ear Seaton Three(3)been Sus 1441'55'East 220.80 feet therwe,North 021915'W t.530.00 test than 031) nth 671006 Eat, 5500 feet to the root IM of the Northeast a•-Oaot•r Souseeet arOurtr(Ng 1/4 SW 1/4)of said Section Wes(0 than noSCRpn0N-Men&lION NO. 16(TINNY Sit CAIOeSCH R Fin E.CAIW)tld) Sang the hat line14 of the Nrswat cna-Oust.Southwest as-Abair(NW 1/4 IS 1/4)of rid Srown el th(3k A tract of land being pat of the ww One-Half Northwest One-Garter(9 1/2 NW 1/4)ors Naaeaet One-Quarter Northwest Go- (L72 South o279e6 Eno 334.12 feet 17n MOMS the east West, of the feet theet Now-Gists Southwest Ono-Ouster(NW Garter 0E 1/4 NW 1/4)of Seaton Three1/2) ( k y ( )Go- 1/4 SW 1/4)of e7'Sane n Thee(3), 027)Sous 671006• 5.00leg than.(La)South 027616•Eat 190.00 (3). and psi of the Nora Oer(S 1(N of Section Four 4 Tenn Fan 4 Noah, feet thence, 0.30)South 7549"36'teen 51.17 feet to the Port of 9eebwhbh6 nor Srty-Res(a)Wes and the Seth ae-Sdr/abet Ow-quaver(S 1/2:1/4) of tenon Thirty-three(33)and the reran of lito above Onorted tract contains 06M acne,more or lee.oat r subject to MISS-of-way West One-half Sonnet I� nee�(w�ts llansdesSenn awthirty-Fariy neon FIn(5)North, Range SMy-Cr(6e) ad/or eehlhenb of record grams mry now a co Considering the elk line of the heehawed I 47'' linN_ANIKYATION NO. 11 daerY File Y I TO PALS ban,canned herein note threw One-Sorter 1 4 of sold Section Three(3) m bear Smith 0301151'[the and a A tract of lad laded In the Nrthweet One-art Southeast the-Aber,(NW 1/4 SW 1/4)of Section live(3).Township Far Begbmog at the Nan der-Gist.{N 1/4)corner of,at Section The(0 thence South 0077100'Wet 1290.91 feet to the 1 (4)North, Rage Sixty-Ste(66)wet of the 6th PrincipalNrlde,INd County.Colas being man prlbwbly describeds Cot-NWN a•-Serena (C-N 1/19)Caner of.or Sagan ester(ask thence,North WSW Wen 140644 and to the Northwest One-Sixtieth (NW 1/16)Comer of said Section Three(3k the e,South 011346'Eat, 1442.37 to the g ninth;the west One of the Northern One-Quarter Unwed an.-cola(NW 1/4 SW 1/4)of our Section Ty..(3)to by Ced -wes One-Sixteenth(C-W 1/16)On of said Section Thee(3b thne6 Nam 60'0713' wan 1362.77 feet to the Wet South 0702'69"Est end all beery ontara herein relate thereto Co(Ce--E 1 1/4) of sold S Sectiontion Three(36th thaa ceN.NNeath WNW . 1362.72 f72 feet to the Center—East�(C S 1/4)h sold y Beginning et a peat whin the South Wes the-Sbdanth(9 w 1/16)On of will Section Thai(3)see Section Four(4k thence alone the roue lino of the Southeast ash.-Garter prates as-cart(Z 1/4 NW 1/4)of said aalbn r`�b31 6100 1r4 5"Eon.21640 fee: thence. North 0279'65•wet 536.00 fee; Woos.031)North en (act, Four(4k South 6641.3 west.54.32 feet to a art on the wanly aster din-of-tray t C e Weld Canty Roth 316; thence 5600 feet to the eat I7'e of the Mrewt a.-Ouarlr Soonest one-qurt(NW 1/4 SW 1/4)of w Eatlen Thrso(3) then rnaag the south Mot of the Sonnet One-Grt Wrist aeAarr(5E 1/4 NW 1/4)of said Seethe Four(4)two along the - along the east the of the hellbent the-Ousts Southwest One-Ouster(NW 1/4 SW 1/4)of ear Section Mee(3), westerly rights-of-way line 45.nth Weld County Road Mt 1016'2?Eat fe et t thence. North 00196?Eat. Nab 07395&Wet 260.78 hot than len*g the eat line of the Nraww One-Garter Southeet Ono-Garter 9"4.73 feet to the oust IM of the Naaeat One-Oue t7'(fE 1/4)of eald Sects Fan(0 then along Noe weal lbw of the Northeast (Nw 1/4 SW 1/4)of en Sens Tree(3), South r517'West. 771.59 feet sea, Sans 0216a•Wen 0220 tea Ow-Oster(K 1/4)of sold Section Four(4),North 0176'x•Wet 1656.01 tee to the North One--Oaten(N 1/4)of eald to a and On the northerly Agee-of-ecy line of the Union Pen Raerood then along the northerly r,rte_of-wy Ins of the Union Section Four(4k thence. South MOSYt Wet 16940 for to the South One-loaner(5 1/4)of sold Section Tarty-Mee(330 y9" Pane "agreed, North 16.4944•East.726.00 feet thence leaving the nrthny Arm-of-way i.eI of the thin Pan Railroad, thence,Nab 001604'Wet 126661 feet to e Cot-south as Sixteenth(o-3 1/10)comer of soldSectionThirty-Threep6S North 75'03''x'Ent 7416 feet to the Peat of lightning thnce,North 1609'48'East,264007 et to a fort on the westerly rights-of-way Me of Wed Casty Rood 31; than i The new dented trot contains 15.16 are, more or lees ad M Wpe!to right-of lad/or*memento of rend orenag 1h.welly atrIg of-way Re of Wed County Rood sl. North 011916'wen f-2o2.2of et m a pert a the souasosrriy sortmay the rights-of-way Ns of Wald County Road 306: then IM auea.feet 4 apar-wy Inn.of Weld runtyNon Red 3a. of the West One-Holf Southwest IOneGarter((WW 1/2.61 W 1/44)pof Sec } re North 761217"East.v4(30k thence daps the the line east of to net One-Half Southwest Ow-Gate(W 1/2 SW 1/4)of eald Section Thirty-Fn(34), South 021679'Eon 1791.54 feet to the Wet the-Sxtiith g w 1/16 one n ear Section Thbty-Fear(xk thence. 0.5)Seth 57171•EM.13646 he to Te ww a.-Stem M W 7'/m ears•f old Se0Sen Thai(3k IMd,sea 6/3211• foot 1314.62 fee m e sea the-Grbr(S 1/4)Cerny of bold satin ThttrPe.(xk then,Seth 5541.44•Eat 137.13 et to the Part of Mrnrg. The aenfhrorted trod stns 436.50 one, new or Zee, cod r subject to rights-of-way end/or easement of rend or a may now amt SHEET NO. _A__. OF 1_ BATE p� SWIMS Fr Al �uruRnA�w6nBraM 7'a cater Ws o5L6 mnvob KENNETH BROADMUR8T n�(ATaM NO. r TO THE err a�rAw I 1 I "( LA SALE.®00I40 6616 ewnd v6Er CREEK anaE PART 14011011) I.3& T. 4 IL,R N &PMT MOTION4 FAX 1976)294-95th GI,TmSl6fk _1S6� Affront J� CEN7E)NAI, COLORADO same 14 A •4, T. 4 N.R M r.00 Pa.RM 001MRY,OOL011A00 ANNEXATION NO. 1, 2 & 3 TO THE CITY OF EVANS PART 8 1/2 SECTION 88, T. 5 N., R. 66 W., 8TH P.M. PART NE 1/4 SECTION 2, T. 4 N., R. 88 W., 6TH P.M. WELD COUNTY, COLORADO Raarnw arr a2 nANI air tan iirivaMO/rrlN arr OF IAw air WTI rfr,earINS iii 1, [ee I I ii I. Y I 27 2e CI S2 26 x -� '�....r N S 8 MO t !.r ea"SIN $ liI I Si •ter a I�. ID 1 dI Er R ilt Inn ME IP •� I N0.J Iii i_ ... • NOP Me i. . . r Or ,-a IIIMISIIIII� �I I mii _t P •f Y� • as .�� *,CE I I 3 2 la ee .♦N. 2 I G.�r-..:7 : I I 4 fart. I i 1: LOCATION MAP IONS M!Y 1 / . . SCALE t• .xoo' !7 . S. ♦.wW lain: $ rn. I 17 i—swornme I ..•r "Ur iW.. �.ru. .r.rsews • \ I w YI• J6. .ww. T. IILt *kw �e ::]C:a: ':T:_:'�:: UriL i"w .i ..W l R •r�.I�� ! iIL �•..��u s �.w wan N VI �I r e r,•e w m X YrW l•IWI reN I FEND u... / / e1 Isirt SECTION CORNER 0 FOUND PROPERTY CORNER Ww w--,/' If N " I 1t AS DESCRIBED I ; oCra 1/16 k 1/4 CORNER SET NO. 5 REBAR WI • SET NO. 6 REBAR W/ 2' ALUM CAP MS 11111 SS La4] 2 1/Y ALUM CAP PLS %44 $ PLS 9644 FOUND µ REBAR w/ 3 3 tea SET NO. 6 REBAR W/ • 1• RED PLASTIC CAP 2 I/2• ALUM CAP LS 16847 PLS 9644 gg PERIMETER OF AREA 70 BE ANNEXED r- 6 aCONTIGUOUS BOUNDARY SCAM r'•A,0' SHEET NO. .S S OF_1.L_ . MATE El{ AEI ° zir API ARO AISMNAn,,NO. ANIMATION No. L!A S To THE CITY OP EVANS 420 pa 4011)210 St LA 2t-.,.2 CO SUS °°" by. Darr o�n2to4 KEIS!WW EROADHURST Checked: _ A Approved: MA— eeeo WWII ,COL AOO CONE TART• 1N NOTION R. T.f N,R N a. D OAT.A,COT N YMI rALc ,s1-.a, tnllBeeAL.N1611A60 WOO NOTION!I T.4 N,R.N V.w ti r6R COUNTY, COLORADO ANNEXATION NO. 4, 5 8! 8 TO THE CITY OF EVANS PART 8 VII 8E 1/4 SECTION 34, T. 8 N., R. 00 W., 8TH P.M. PART E 1/2 SECTION 3, T. 4 N., R. 88 W., 8TH P.M. WELD COUNTY, COLORADO R a,a, A " n m. ., R ring ilina- H 8 : 7L — ( I ' ■ NIII i1 I , i. R q now is acs At sin IC WM • op NM �! 11 !� erns a e',wN' 'enrol MKS ' 'I a A „son p 'di D i s *Ls ii:I4 It L I . : 1 T c( 5b ,1 I r. 'NIig : -I, !I P;;i !li Pk 111W ,. 7 rill a. 2 A it . .ii hill ., r 4 \ saw _.._�.� !�!I \\` '! s : .�.._..� ,\ \ �. it ! \� ( I -\ . PI 8 l ol p.�� yy� o J y� VJ1 p H b i IS W �..-1;..----.1:::::•.------------\\\,-.-..„" .. _. _ _ \• . ` N c 6;2 Y1N6 F I lie sto Id' 84 Nail I n \ swim sassy t1 s 2 :3117 E • e 55 I HI OD 1. itais ii. I pis, I 45 lagIii I 6 z SHEET NO. OF_AQ_ WE 1N5 Ilinn°l° rr{ A'!Al AW'AA,•W7Y,RV - ARWniATM•I NO.M.•••TO Tit CITY Or!YAM{ I a N m R LA LWi�CO BOW Drawn by.S._ Matta o /04 KENNETH SROADMIRIST +n': •rm a.-,,.: Checked: JffiA_ Apprmwd: An_ la SOUTHw A =IIWART M V4 AUCTION as, nve (SM x�-„a onnoar,COLORADO a'me T. S Mw R. N W,w PA. WILD WIRT%COLORADO ANNEXATION NO. 7 TO THE CITY OF EVANS • PART N 1/2 SECTION 2, T. 4 N., R. SS W., 6th P.M. A PART SW 1/4 SECTION 36, T. S N., R. 66 W., 6th P.M. I WELD COUNTY, COLORADO Goy 11 nowaser JOIN Sr I I «e r"eawa, diS N A": I I " e y I ..rt.e.rM u .I ant Yiw s°Y an .nm� Via.' " ,wLjJ• •w•'/'°s.ev we M ' M .._. . . .. as.momr a 't rmu m war earn i=no n ♦ •w' • r.v.YOrc 11510$ 16281416 sermon 1129.00 _..,;I —.. ,va��µ ,..rot nor " 22.28' i."i'.. I DWI r �arw/I� \ . '�' WW1, bawl iik.1IPMEL'■ �r PPPM __ •. I I es sere tit =art, 4. 1E-672 :PARCEL 8 g j!.: ' �w.'11r 62'E"9 lIP� 241.2$0 ale 4,1L4 �1 ril."'""Cast. .� �64, Ri. . .• tRL-1434 IAf. '�/\nrewwrl stria g. RI I .w Vie. a_ _ _ L ntlir '≤ j miter OM War h 4 a O `__ ' i' stipar � f 581111.42.2 2818.47..a6.111aM eYJ Egg 4, DI 04 x 36 VCR T. a N. 36 3. 1 W S T. 4 N. 2 1 ppyp�p L{OEND / 11101 NKNATION C SECTION CORNER PERIMETER OF AREA TO BE ANNEXED ,{ '� ■ C.00 1/16 & 1/4 CORNER �Q CONTIGUOUS BOUNDARY K 1 + SET NO. 6 REBAR W/ % WITNESS CORNER ■ 21/2' ALUM CAP flp;..,.•_w 3 2 2 1 r® In tT PLS 9644 SET NO. 5 REBAR W/ 4__•'1f'•'146 10 II 6p1 11 12 • 2' ALUM CAP Wf : t: � set r-..7r Cyw SET NO. 6 REBAR W/ LOCATION MAP 2 l/2' ALUM CAP PLS 9644 f•` "� 277Th .C41[: 1-.Sp,y P1.5 9644 O FOUND PROPERTY CORNER AS DESCRIBED TEE Cilig I Inn'146541 I IrT4t4t` I Trlir I fa71344 I ,66.6r 4 SHEET NO. OF 1_ 6A" n X0"6 '""m ASS AMP AMO' fl AMR ANIMATION NO.7 TO M CITY a EVANS //��'jII 428 w O..r,.LA.out CO.0.46 MN 5134111 PREY OEM Drawl by.�!L Dote: o h2/04 KENNETH SROADNU z PANT N1/1 MOTION S. �' " r"1* 4%I 264 Chocked: AM- Approved: .686— OD11CNAL COLMAN 60016 T. 4 N,N.N •, III►S MO O0IMTT.OOILONA00 ANNEXATION NO. 8-13 TO THE CITY OF EVANS • PART SW 1/4 SECTION S, T. 4 N., R. SS W., Sth P.M. WELD COUNTY, COLORADO MTV 0 FERMI W/ J 1/4'ANY CAP LS 17000.1003 • _ tetra Cl/4 COR '4 I' 13S2.771q, I I \`C-1,1/1,OCR SC 3 2.) -S 33134 T. 4 N. WCR 50 min 200'W1 CORNER 4 3 3 2 1 1 ANY CAP PIS 0044. 2003 $ a MINIX 11 Q MINK 13 J g b i& IS ANC e 3 wac101 parr OF NNNNw ANNEX 11 Ma NO.Lear 4 3 I I `, " a 7 IONS WWI IQ 11 1011 Iat M 3 2 LOCATION A 200 MAP \\\\� / • ANNEXATION 0 ue II 0.43 ! 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MS (WO)254-,544Checked: ..S5-- Approved: 12A_ aalDNL 00 COtMA 000111T.4 N.N.SSW.it pY SILO n►.COLOSIMO 1 ANNEXATION NO. 14 & 15 TO THE CITY OF EVANS PART 8 V4 SECTION 4, T. 4 N., R. SS W., STN P.M. PART NW V4 8W V4 SECTION S, T. 4 N., R. 88 W., 8TH P.M. WELD COUNTY, COLORADO K rearaew JONI*Miff ID Ca°-"..p,.IP h' �I�n�t1 .• /rater.es \?-.Wm on s♦ u rra� ,iV •a/ // ` =mina.ten ey./.e•sa ea i re MIDI PLAIN \ 4 • in we Se.. SON.........-121. \ �N elJEMN man P 'f// _- / ; 1 1 i I�IIO M i II al IS Sire iII i i a.♦ \ M y,� •.Maw/♦ I. J =I.= ...�a.:ii 1 ai:roc 1f 'p ilskRE ea I MOO Oat NS Fl,,,,.,,0•K amiss V I -wr n _ .._.._ _. •• I / �:�'�.._._. aane was /t S.,— \: • II ... des'° 4.. .4/21/11 tv ' i . pity/se meetMIS i II 5 V ran / / r1�0 lip 4 L1/ li.w Mr a.�a/ .._..�.. �.. .. .�.. ..�WI Ot ai wiy •a.a�ws7 L.+p a�iau r� •Na no a••t $ IlfT :. 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AN Datt 07n 2/04 KENNETH BROADHURST AIN�ATI N NO.N TO TIC CITY OP EVAN, rn //��'jII 4s"c6n�011 u 5AtK CO 5°"5 6669 MTn Pt€Y CREEK ORME PART NOTION$$4,T.4 N, R.N R.O PART N6TIOMS �' " Fmw'(r»7 64-506 Ch.ake� KRA ApPra ` C011DI UL.CUOMO 60016 N A 14,T. S N,R.N ST,OS P.N.WILD COWRY,COLORADO EXHIBIT D ANNEXATION AGREEMENT RUMSEY-WERNING ANNEXATIONS This agreement is made and entered into this day of , 2004, by and between GLENN&KATHY WERNING,RUMSEY LAND CO.,LLC, and/or assigns, hereinafter referred to as "Owner," also referred to as "Seller," and the CITY OF EVANS, a municipal corporation of the State of Colorado, hereinafter referred to as "Evans" or"City." WITNESSETH: WHEREAS, Owner desires to annex to Evans the property more particularly described on Exhibit A, which is attached hereto, incorporated herein, and made a part hereof(such property is hereafter referred to as "the Property"); and WHEREAS,Owner has executed petitions to annex the Property,dated October 17,2003 and November 18, 2003, respectively, copies of which are on file with the City Clerk; and WHEREAS, Owner has prepared Conceptual Development Plans identifying and illustrating requested zoning, proposed land use and intended development of the property more particularly described on Exhibits B, C and D which are attached hereto, incorporated herein and made a part hereof; and WHEREAS, it is to the mutual benefit of the parties hereto to enter into this Agreement regarding annexation of the Property to the City and other matters as set forth herein; and WHEREAS, Owner acknowledges that,upon annexation,the Property will be subject to all ordinances, resolutions, and other regulations of the City of Evans, as they may be amended from time to time; and WHEREAS, Owner acknowledges that the need for conveyances and dedication of certain property, including but not limited to property for rights-of-way and easements, to Evans as contemplated in this Agreement are directly related to and generated by development intended to occur within the Property. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE COVENANTS AS HEREINAFTER SET FORTH,IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Information of Recitals. The parties confirm and incorporate the foregoing recitals into this Agreement. 2. Purpose. The purpose of this Agreement is to set forth the terms and conditions of the annexation of the Property to the City. Except as expressly provided for herein to the contrary, 1 all terms and conditions herein are in addition to all requirements concerning annexation contained in the Evans Municipal Code, Development Regulations and Comprehensive Plan, and the Municipal Annexation Act of 1965, as amended, C.R.S. §31-12-101 et seq. 3. Further Acts. Owner agrees to execute promptly upon request of Evans any and all surveys and other documents necessary to effect the annexation of the Property and the other provisions of this Agreement. Owner agrees not to sign any other petition for annexation of the Property or any petition for annexation election relating to the Property, except upon request of Evans. 4. Annexation Documents. Owner agrees to provide legal documents, surveys, engineering work,newspaper publications,maps,and reports determined by Evans to be necessary to accomplish the annexation. 5. Zoning and Land Use. The parties recognize that it is the intent and desire of Owner to develop the Property in a manner generally consistent with the zoning and land uses presented in paragraph 15 below, and that the granting of such zoning by the City of Evans is a material consideration of the Owner's agreement to annex the Property to the City. Owner shall take all action necessary to permit zoning by Evans of the annexed Property within the time prescribed by state statute. In the event the City does not zone the land in accordance with the uses further described in paragraph 15, then the City agrees not to oppose any disconnection by the Owner, subject to the requirements of state law. 6. Public Use Land Dedication. Owner agrees to dedicate,by General Warranty Deed or other appropriate instrument of conveyance acceptable to the City, or, at the request of the City, for a homeowner's association to be created, all of Owner's right, title and interest (subject to exceptions of record permitted by the City),in and to the applicable property a portion of the territory to be annexed for public open space or other public purposes as directed by the City and agreed to by the parties in accordance with Exhibits B, C and D, in addition to easements and rights-of-way for streets and other public ways and of other public purposes, all as required by City ordinances and resolutions, as amended. Owner shall have no obligation to dedicate any land for development of public improvements for the following: public school, sewer/water treatment facilities or related facility, power generation plant, library, police station or fire station. 7. Water and Waste Water Utilities. On-site and required off-site water and wastewater mains and appurtenances shall be constructed to City standards by Owner at Owner's expense. Owner shall be entitled to reimbursement for oversizing of any additional mains in accordance with the ordinances and policies of the City. The water and sewer mains to be oversized shall be set forth in the Public Improvement Developers Agreement. 8. Purchase and Sale of Water and Water Storage. The City agrees to purchase and Owner agrees to sell water storage pursuant to the attached Exhibit E. 2 9. Non potable irrigation. In accordance with the City's specifications and requirements, Owner may install a non-potable water system to provide irrigation water to all areas described within Exhibit A. The non-potable water system will be an independent utility system owned,operated, and maintained by the City. In consideration of the reduced potable water demand that will be realized by the installation of a non-potable irrigation system,the amount of raw water to be dedicated to the City shall be reduced by an amount as determined by an engineering analysis performed by the City at the expense of owner. 10. Municipal Services. Evans agrees to make available to the Property all of the usual municipal services provided by the City, in accordance with the ordinances and policies of the City. The services provided by the City include,but are not limited to,police protection, fire protection, water, wastewater, and stormwater services after the development connects to Evans' system. Owner acknowledges that City services do not include, as of the date of the execution of this Agreement, emergency medical services. 11. Public Improvements. Required public improvements shall be designed and constructed to City standards by Owner at Owner's expense. Owner further agrees to provide financial guarantees for construction of all required improvements as set forth in each phase of the development, and to dedicate to the City any or all of the improvements as required by City ordinances. The public improvements and financial guarantee shall be set forth in the Development Agreement between the City and Owner. 12 Streets and Arterial Roads. On-site and required off-site streets shall be dedicated, designed and constructed to City standards by Owner at Owner's expense. Upon approval of the City,Owner shall dedicate all public right-of-way improvements under warranty with at least a two- year guarantee for maintenance to the City of Evans. A traffic study for the proposed.development shall be completed by the Owner in accordance with City requirements. The Traffic Engineer shall consider future signalization and a signal progression analysis. Owner shall be responsible for payment of a portion of the cost related to the design and construction of such future signalization when it is determined that such infrastructure is warranted. 13. Drainage. A drainage study of the entire annexation territory will be provided by the Owner. Improvements recommended by such study shall be completed at the time of completion of each phase of development. Facilities necessary to address drainage from outside the Property will be designed for quantities in excess of those amounts historically discharged from the site, these facilities will be developed in conformance with the Comprehensive Drainage Study and other City regulations and ordinances. 14. Reimbursements. To the extent water,sewer,storm drainage facilities or other public utilities are oversized or extended on to property by Owner or to the extent public improvements are built off-site of the Property by Owner, by any District or by the City, for benefit accruing to other parties, said improvements may be eligible for reimbursement. Per Chapter 13.28,City agrees to use its best efforts to maximize the opportunity for,and amounts of reimbursement payable to Owner in connection with the development of any other property tapping onto or otherwise making use of any 3 such improvements. The City agrees to coordinate the execution and delivery of necessary reimbursement agreements among the City, the Owner and the Owner developer of any other such property in order to obtain such reimbursements for Owner. 15. Zoning and Land Use. (A) Conceptual Plan. Owner and City shall mutually agree upon a conceptual land use plan, which is in accordance with the City's Comprehensive Plan. It is Owner's intent to develop and zone the Property in accordance with the conceptual land use plans as shown in Exhibits B, C and D. Exhibit B represents the creation of a mixed-use residential development(planned unit development—PUD). Exhibit C represents the conceptual plans for the (i) mining of sand, gravel and other minerals; (ii) operation of a cement batch plant; (iii) operation of an asphalt batch plant; (iv) operation of a railroad spur, and (v) construction and maintenance of water storage facilities. Exhibit D represents the reclamation plan. In connection with the conceptual plans, the City shall consider and not unreasonably withhold approval of a permit to extract,process and sell sand and gravel,produce and sell concrete and asphalt and related materials, create water storage facilities for all beneficial uses of water and construct a mixed use of residential units, in accordance with state and local regulations. Owner agrees the design, improvement, construction, and development of the Property described herein shall be in conformance with the City of Evans Design Guidelines, as amended from time to time. The owner also ensures that development shall be constructed in accordance with the required natural preservation corridor plan, as approved by the state. No development and/or mineral extraction or processing shall occur within those identified corridors. (B) Rezoning Process. Upon submittal of required materials, Owner's rezoning request shall be processed concurrently with the petition for annexation. This provision does not waive the authority of the Owner or the City of Evans to initiate rezoning of the land in accordance with the Charter and Ordinances of the City of Evans. Land use is subject to the police power and legislative authority of the City of Evans. 16. Limitation on Fee Impositions by the City. The City agrees that the Property shall be subject to typical development fees similar to those that are imposed on other developments in the City pursuant to the City's regulations and ordinances. 17. Developer's Agreement. In a form provided by the City, Owner and the City shall enter into a public improvements developer's agreement. Owner shall submit a proposed public improvements developer's agreement concurrently with the submittal of the preliminary plan for development of the Property. The final form of the developer's agreement shall be subject to mutual agreement of the parties on the terms and conditions of the same. The developer's agreement shall be signed upon final plat approval. 4 18. Conformity with Laws. Owner agrees that the design, improvement, construction, development, and use of the Property shall be in conformance with all applicable laws and ordinances and that Owner shall comply with all City ordinances, resolutions and regulations including without limitation, ordinances, resolutions, and regulations pertaining to annexation, subdivision, zoning, storm drainage, utilities, access to City streets, and flood control. 19. No Repeal of Laws. Nothing contained in this Agreement shall constitute or be interpreted as a repeal of the City's ordinances or resolutions,or as a waiver of the City's legislative, governmental, or police powers to promote and protect the health,safety,and welfare of the City and its inhabitants;nor shall this Agreement prohibit the enactment or increase by the City of any tax or fee. 20. Disconnection. No right or remedy of disconnection of the Property from the City shall accrue from this Agreement,other than that provided by applicable state laws. In the event the property or any portion thereof is disconnected at Owner's request,Evans shall have no obligation to serve the disconnected Property or portion thereof and this Agreement shall be void and of no further force and effect as to such Property or portion thereof. In the event the City does not approve the zoning and development plan as set forth in Paragraph 15 within ninety(90)days of the completion of the annexation, then the Owner may initiate disconnection pursuant to state law and the City agrees not to oppose disconnection unless delays are caused by Owner. 21. Severability. The parties agree that if any part, term, portion, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining parts, terms, portions, or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, portion, or provision held to be invalid. 22. Owners Association. Owner shall organize a unit owners association or associations, if appropriate as determined by the City, for given parcels and/or unit types with the development of the Property. Owner shall form the association(s) pursuant to the Colorado Common Interest Ownership Act ("Act"). C.R.S. §38-33.3-101 et seq. The Owner shall also execute and record covenants and instruments of conveyance which comply with the Act and which adequately provide for continuous ownership,operation,maintenance,repair,and replacement of common elements of the development,including but not limited to any private roads,private common areas, and private facilities. At least thirty(30)days prior to recording any covenants or instruments of conveyance to the association(s), Owner shall provide such documents to the City Attorney for review and comment. 23. Special District Inclusion. Within thirty(30)days after written request by the City, Owner shall apply for inclusion of the Property with one or more special districts serving the City. Owner agrees to petition out of the LaSalle Fire District and does hereby irrevocably appoint the Fire Chief of the City of Evans its true and lawful agent and attorney for the Owner and in the Owner's name and stead to sign and execute any and all petitions, documents and writing pertaining to the lands herein described,which shall be necessary and appropriate to petition out of such LaSalle Fire 5 Protection District. 24. Future Cooperation. The parties agree they will cooperate with one another in accomplishing the terms, conditions, and provisions of the Agreement, and will execute such additional documents as necessary to effectuate the same. 25. No Joint Venture or Partnership/No Assumption of Liability. Nothing contained in this Agreement is intended to create a partnership or joint venture between the City and Owner or between the City and any one or more of the individual owners listed above, and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not provide for the joint exercise by the parties of any activity, function, or service, nor does it create a joint enterprise, nor does it constitute any party hereto as any agent of another party hereto for any purpose whatsoever. Except as specifically otherwise provided in this agreement, no party shall in any way assume any of the liability of any other party for any act or obligations of the other party. 26. Amendment. This Agreement maybe amended only by mutual agreement of the City and Owner. Such amendments shall be in writing, shall be recorded with the County Clerk and Recorder of Weld County, Colorado, shall be covenants running with the land, and shall be binding upon all persons or entities having an interest in the Property and/or Water Rights subject to the amendment unless otherwise specified in the amendment. 27. Entire Agreement. This Agreement embodies the entire agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement supersedes all previous communications,representations,or agreements,either verbal or written between the parties. 28. Owner. As used in the Agreement, the term"Owner"shall include any of the heirs, transferees, successors, or assigns of Owner, and all such parties shall have the right to enforce this Agreement, and shall be subject to the terms of this Agreement, as if they were the original parties thereto. In the event of a transfer of all or any portion of the Property, the transferring Owner shall be relieved of any and all obligations under this Agreement that arise after the date of such transfer with respect to the transferred Property. 29. Amendments to Law. As used in this Agreement, unless otherwise specifically provided herein, any reference to any provision of any City ordinance, resolution, regulation, or policy is intended to refer to any subsequent amendments or revisions to such ordinance,resolution, regulation, or policy, and the parties agree such amendments or revisions shall be binding upon Owner. 30. Binding Effect. This Agreement shall be binding upon and inure to the benefit of all the heirs,transferees, successors,and assigns hereof, and shall constitute covenants running with the land. This Agreement shall be recorded with the County Clerk and Recorder of Weld County, Colorado, at Owner's expense. Subject to the conditions precedent herein, this Agreement maybe enforced in any court of competent jurisdiction. 6 31. Failure to Annex. This Agreement shall be null and void if the City fails to approve the annexation of the Property. 32. Breach by Owner; City's Remedies. (A) In the event of a default or breach by the Owner of any term,condition,covenant, or obligation under this Agreement, the City may take action as it deems necessary to protect the public health, safety, and welfare;to protect lot buyers and builders, and to protect the citizens of the City from hardship. The City's remedies include: (i) The refusal to issue to the Owner any development permit, building permit,or certificate of occupancy. This remedy shall not affect sales to bona fide purchasers nor be applied to bona fide purchasers; (ii) A demand that the security given for the completion of the public improvements be paid or honored; (iii) The refusal to consider further development plans within the Property; and/or (iv) Any other remedy available at law. Unless necessary to protect the immediate health, safety, and welfare of the City or City residents,the City shall provide the Owner ten(10)days written notice of its intent to take any action under this Paragraph during which ten-day period the Owner may cure the breach described in said notice and prevent further action the City. (B) Breach by City. Parties agree that in the event of a breach by the City,Owner will have the right to seek all remedies provided by law. (C) Attorney's Fees. If any party breaches this Agreement, the breaching party shall pay the non-breaching parties reasonable costs and attorney fees incurred in the enforcement of the terms and conditions of this Agreement. 33. General Provisions. City shall: (A) Cause its staff to timely and promptly approve or disapprove written submittal by Owner of any plans, specifications, drawings, details or other pertinent data required in connection with any water line, sanitary sewer line, storm drainage or other utility serving the Property or any improvements within any dedicated right-of-way on the Property. Any disapproval shall set forth the items disapproved together with the reasons for such disapproval. (B) Use its best efforts securing, at Owner's expense, construction, and maintenance agreements from governmental or private entities in order to allow Owner to fulfill its obligations under this Agreement and to proceed with development of the property. 7 (C) Cooperate with Owner with any filing, applications, approvals, or other administrative procedures with governmental entities other than the City,which is necessary to allow Owner to fulfill its obligations under this Agreement and to develop the Property in a timely manner. (D) Provide police and other municipal services to the Property to the same extent as those services are provided by City throughout the balance of the City, pursuant to the City's uniform applied policies. (E) Not unreasonably withhold its consent or approval when any consent or approval is required. Owner shall notify the City of assignments and the name of the assignee(s) upon the sale or other transfer of any portion of the Property. The transfer of such portion shall be released from all liability and obligation under this Agreement relating to such portion and all such liabilities and obligations shall be assumed by the transferee (unless transferee is a member of the home buying public or governmental entity). Nothing contained in the Agreement shall constitute or be interpreted as a repeal of existing codes, ordinances or as a waiver of the City's legislative, governmental or police powers to promote and protect the health, safety, and general welfare of the City or its inhabitants; nor shall this agreement prohibit the enactment by the City of any fee which is of uniform or general application. It is understood and agreed by the parties hereto, that if any part, term or provision of this Agreement is by a court determined to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain that particular part, term, or provision held to be invalid. This Agreement may be enforced in any court of competent jurisdiction. 34. Notice. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by facsimile transmission or registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon transmission receipt, provided a hard copy is mailed the same date. All notices by mail shall be considered effective seventy-two (72)hours after deposit in the United States mail with the proper address as set forth below. Either Party by notice so given may change the address to which future notices shall be sent. Notice to City: City of Evans Notice to Owner: Attn: City Manager Rumsey Land Co., LLC 1100 37th Street 6659 S. Piney Creek Cir. Evans, CO 80620 Centennial, CO 80016 With copy to: R. Russell Anson,City Attorney Glen&Kathy Werning 820 13th Street 23822 WCR 33 ''/ Greeley,CO 80631 LaSalle,CO 80645 8 36. Election. Owner agrees that it is voluntarily entering into this Agreement. Owner represents and submits that to the extent an election would be required pursuant to C.R.S. §31-12- 112, as amended, to approve the annexation or to impose terms and conditions upon the Property to be annexed,Owner owns 100 percent of the Property,excluding public streets and alleys,and would vote to approve the annexation and all terms and conditions as set forth herein. Thus, any election would necessarily result in a majority of the electors' approval to the annexation and the terms and conditions. 37. Legislative Discretion. The Owner acknowledges that the annexation and zoning of the Property, are subject to the legislative discretion of the City Council of the City of Evans. No assurances of annexation,zoning, or special use permit approval have been made or relied upon by the Owner. In the event that, in the exercise of its legislative discretion, any action with respect to the annexation, zoning or special use approval for the Property, as contemplated herein and in the proposed Conceptual Development Plan for the Property,is not taken or if once taken and Owner is in full compliance with such annexation,zoning or special use approvals,is not maintained then the Owner may withdraw the petition for annexation and seek disconnection from the City in accordance with state law, as may be appropriate and City agrees not to oppose. 38. No Third Party Rights. This Agreement is made solely for the benefit of the parties hereto, and is not intended to nor shall it be deemed to confer rights to any persons or entities not named as parties hereto. 39. Governing Law. The laws of the State of Colorado shall govern the validity, performance, and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein,it is agreed that the venue of such suit or action shall be in Weld County, Colorado. 40. Headings. The paragraph headings in this Agreement shall not be used in the construction or interpretation hereof as they have no substantive effect and are for convenience only. 41. No Warranties by the City. The City is entering into this Agreement in good faith and with the present intention, on the part of the present City Council, that this Agreement will be complied with. However, because some of the provisions of this Agreement may involve areas of legal uncertainty, the City makes no representation as to the validity or enforceability of this Agreement that no such warranty is made on the part of the City. 42. Non-conforming Use. In the event Owner's zoning and development plan is not advanced with reasonable diligence, City agrees to allow the existing non-conforming agricultural use to continue until such time as the property is rezoned but not at a greater level than at its current level of activity and use. 43. Attorney's Fees. If any Party breaches this Agreement,the breaching party shall pay the non-breaching party's reasonable costs and attorney's fees incurred in the enforcement of the terms and conditions of this Agreement. In the event that any person, corporation, special district, 9 municipal or county government, or any other entity asserts any claim against the City, its officials, or employees pursuant to the provisions of the Colorado Municipal Annexation Act,C.R.S.,Section 31-12-101, et seq., the Owner agrees to reimburse the City for all reasonable costs and attorney's fees incurred by the City in defense of such claims whether or not such defense is successful. The City shall, at all times,have control over the defense of the City in such matters and nothing herein shall be construed to require the City to assert any position which is inappropriate, in the sole judgment of the City. The City and Owner shall confer with each other concerning the defense and/or settlement of any such action. 44. Cost Reimbursement to City. Owner shall reimburse City for outside professional consultants such as engineers, testing companies, and attorneys necessitated by processing and completion of this development. 45. Taxing Issues. The City and Owner shall pursue by separate agreement taxing issues pertaining to the gravel mining operations in accordance with Exhibit E. ATTEST: CITY OF EVANS, COLORADO, A MUNICIPAL CORPORATION By: By: City Clerk Mayor LANDOWNER ACKNOWLEDGMENT RUMSEY LAND CO., LLC By: STATE OF COLORADO ) )ss. COUNTY OF The above and foregoing signature of , on behalf of , was subscribed under oath before me on this day of , 2004. WITNESS my hand and official seal. 10 LANDOWNER ACKNOWLEDGMENT GLENN & KATHY WERNING By: STATE OF COLORADO ) )ss. COUNTY OF By: The above and foregoing signature of , on behalf of , was subscribed under oath before me on this day of , 2004. WITNESS my hand and official seal. 11 EXHIBITS TABLE OF CONTENTS EXHIBIT A: Legal Description EXHIBIT B: Conceptual Mixed-Use Residential Development Plan EXHIBIT C: Conceptual Mining and Operation Development Plan EXHIBIT D: Conceptual Reclamation Plan EXHIBIT E: Purchase and Sale of Water and Water Storage 12 EXHIBIT A DESCRIPTION-ANNEXATION NO. 1 (RUMSEY FAMILY LTD PARTNERSHIP) A tract of land located in the Southeast One-Quarter (SE 1/4) of Section Thirty-Five (35), Township Five (5) North, Range Sixty-Six (66) West and the Northeast One-Quarter(NE 1/4) of Section Two (2), Township Four (4) North, Range Sixty-Six (66) West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as: Considering the south line of the Southeast One-Quarter(SE 1/4) of said Section Thirty-Five (35) to bear North 88°57'36" West and all bearings contained herein relative thereto: Beginning at the South One-Quarter(S 1/4) Corner of said Section Thirty-Five (35); thence, South 88°57'36" East, 109.81 feet to the North One-Quarter (N 1/4) of said Section Two (2); thence along the west line of the Northeast One-Quarter (NE 1/4) of said Section Two (2), South 00°56'57" West, 705.61 feet to the centerline of the Godfrey Ditch; thence along the centerline of the Godfrey Ditch the following five courses, North 41°55'00" East, 136.62 feet; thence, North 54°37'10" East, 290.35 feet; thence, North 61°58'22" East, 338.34 feet; thence, North 71°16'03"East, 224.06 feet; thence, North 86°21'43" East, 838.32 feet; thence, South 22°58'06" East, 75.99 feet; thence, North 62°45'25" East, 205.31 feet; thence, North 00°01'19" East, 93.53 feet to the East-East One-Sixty-Fourth (E-E 1/64) Corner of said Section Thirty-Five (35) and said Section Two (2); thence, North 00°09'02" East, 2640.14 feet to the Center-East-East One-Sixty-Fourth (C-E-E 1/64) Corner of said Section Thirty-Five (35); thence, North 88°53'31" West, 759.07 feet to the Center-East One-Sixteenth (C-E 1/16) Corner of said Section Thirty-Five (35); thence, North 88°53'31" West, 1518.13 feet to the Center One- Quarter(C 1/4) Corner of said Section Thirty-Five (35); thence, South 06°07'19" East, 2663.31 feet to the Point of Beginning. The above described tract contains 140.51 acres, more or less, and is subject to rights-of-way and/or easement reserved for Weld County Road 50 along the southerly side of the parcel and is subject to rights-of-way and/or easements of record or as may now exist. DESCRIPTION-ANNEXATION NO. 2 (LYLE L. RUMSEY LTD PARTNERSHIP) A tract of land located in the Southwest One-Quarter(SW 1/4) of Section Thirty-Five (35), Township Five (5) North, Range Sixty-Six (66) West of the 6`h Principal Meridian, Weld County, Colorado, being more particularly described as: Considering the south line of the Southwest One-Quarter (SW 1/4) of said Section Thirty-Five (35) to bear North 89°45'02" West and all bearings contained herein relative thereto: Beginning at the South One-Quarter (S 1/4) Corner of said Section Thirty-Five(35); thence along the south line of the Southwest One-Quarter(SW 1/4) of said Section Thirty-Five (35), North 89°45'02" West, 1018.78 feet; thence leaving the south line of the Southwest One-Quarter (SW 1/4) of said Section Thirty-Five (35), North 26°14'15" East, 77.32 feet; thence, North 02°53'52" West, 208.38 feet; thence,North 89°17'59" West, 338.88 feet; thence, South 03°03'33" West, 280.57 feet to a point on the south line of the Southwest One-Quarter (SW 1/4) of said Section Thirty-Five (35); thence along the south line of the Southwest One-Quarter (SW 1/4) of said Section Thirty-Five (35), North 89°45'02" West, 1153.06 feet to the Northwest (NW) Corner of Section Two (2), Township Four(4) North, Range Sixty-Six (66) West; thence along the south line of the Southwest One-Quarter (SW 1/4) of said Section Thirty- Five (35), (L15), North 89°45'02" West, 15.85 feet; thence leaving the south line of the Southwest One-Quarter(SW 1/4) of said Section Thirty-Five (35), North 01°08'49" West, 1050.07 feet; thence, (L2), North 33°09'03" East, 27.14 feet; thence, (L3), North 86°23'42" East, 94.67 feet; thence, (L4), North 86°32'21" East, 498.42 feet; thence, (L5), North 67°07'29" East, 320.88 feet; thence, (L6), North 85°14'57" East, 25.01 feet; thence, (L7), South 76°44'12" East, 69.74 feet; thence, (L8), South 81°27'53" East, 120.68 feet; thence, (L9), North 82°47'55" East, 124.07 feet; thence, (L10), North 73°59'39" East, 300.33 feet; thence, (L11), North 57°41'22" East, 84.47 feet; thence, (L12), North 50°54'21"East, 90.58 feet; thence, (L13), North 41°13'14" East, 241.14 feet; thence, (L14), North 75°24'56" East, 543.68 feet to a point on the east line of the Southwest One-Quarter (SW 1/4) of said Section Thirty-Five (35), South 06°07'19" East, 1741.32 feet to the Point of Beginning. The above described tract contains 72.08 acres, more or less, and is subject to rights-of-way and/or easement reserved for Weld County Road 50 along the southerly side of the parcel and is subject to rights-of-way and/or easements of record or as may now exist. DESCRIPTION-ANNEXATION NO. 3 (RUMSEY FAMILY LTD PARTNERSHIP) A tract of land located in the Southwest One-Quarter (SW 1/4) of Section Thirty-Five (35), Township Five (5) North, Range Sixty-Six (66) West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as: Considering the south line of the Southwest One-Quarter (SW 1/4) of said Section Thirty-Five (35) to bear North 89°45'02" West and all bearings contained herein relative thereto: Beginning at the Southwest (SW) Corner of said Section Thirty-Five (35); thence along the south line of the Southwest One-Quarter (SW 1/4) of said Section Thirty-Five (35), (Ll) South 89°45'02"East, 123.98 feet; thence leaving the south line of the Southwest One- Quarter(SW 1/4) of said Section Thirty-Five (35), North 01°08'49" West, 1050.07 feet to a point on the southerly boundary of Lot A, RE-2316; thence along the southerly boundary of Lot A, RE-2316, (L2), North 33°09'03" East, 27.14 feet; thence, North 00°42'47" East, 1607.62 feet to the north line of the Southwest One-Quarter(SW 1/4) of said Section Thirty-Five (35); thence along the north line of the Southwest One-Quarter (SW 1/4) of said Section Thirty-Five (35), North 88°53'33" West, 463.26 feet to the West One-Quarter (W 1/4) Corner of said Section Thirty-Five (35); thence, South 06°54'02" East, 1608.20 feet to the southwest corner of Lot A, RE-2316; thence, South 06°54'02"East, 1099.90 feet to the Point of Beginning. The above described tract contains 17.53 acres, more or less, and is subject to rights-of-way and/or easement reserved for Weld County Road 50 along the southerly side of the parcel and is subject to rights-of-way and/or easements of record or as may now exist. DESCRIPTION - ANNEXATION NO. 4 (RUMSEY FAMILY PARTNERSHIP, LLC) A tract of land being the Southeast One-Quarter Southeast One-Quarter (SE 1/4 SE 1/4) of Section Thirty-Four (34), Township Five(5) North, Range Sixty-Six (66) West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as: Considering the south line of the Southeast One-Quarter(SE 1/4) of said Section Thirty-Four (34) to bear North 87°52'11" West and all bearings contained herein relative thereto: Beginning at the Southwest Corner of said Section Thirty-Four(34); thence, North 87°52'11" West, 1450.48 feet to the East One-Sixteenth(E 1/16) Corner of said Section Thirty-Four (34) and Section Three (3), Township Four (4) North, Range Sixty-Six (66) West; thence, North 05°10'13" West, 1335.65 feet to the Southeast One-Sixteenth (SE 1/16) Corner of said Section Thirty-Four (34); thence, South 88°22'35" East, 1407.72 feet to the South One-Sixteenth (S 1/16) Corner of said Section Thirty-Four (34) and Section Thirty-Five (35); thence, South 06°54'02" East, 1354.05 feet to the Point of Beginning. The above described tract contains 43.69 acres, more or less, and is subject to rights-of-way and/or easement reserved for Weld County Road 50 along the southerly side and is subject to rights-of-way and/or easements of record or as may now exist. DESCRIPTION - ANNEXATION NO. 5 (RUMSEY FAMILY PARTNERSHIP, LLCJ A tract of land being the Southwest One-Quarter Southeast One-Quarter(SW 1/4 SE 1/4) of Section Thirty-Four (34), Township Five (5) North, Range Sixty-Six (66) West of the 6th Principal Meridian, Weld County, Colorado. Considering the south line of the Southeast One-Quarter(SE 1/4) of said Section Thirty-Four (34) to bear North 87°52'11" West and all bearings contained herein relative thereto: Beginning at the South One-Quarter(S 1/4) Corner of said Section Thirty-Four(34); thence, South 87°52'11" East, 1450.48 feet to the East One-Sixteenth (E 1/16) Corner of said Section Thirty-Four (34) and Section Three (3), Township Four(4) North, Range Sixty-Six (66) West; thence, North 05°10'13" West, 1335.65 feet to the Southeast One-Sixteenth (SE 1/16) Corner of said Section Thirty-Four (34); thence, North 88°22'35" West, 1407.72 feet to the Center-South One-Sixteenth (C-S 1/16) Corner of said Section Thirty-Four (34); thence, South 03°23'36"East, 1318.49 feet to the Point of Beginning. The above described tract contains 43.28 acres, more or less, and is subject to rights-of-way and/or easement reserved for Weld County Road 50 along the southerly side and is subject to rights-of-way and/or easements of record or as may now exist. DESCRIPTION-ANNEXATION NO. 6 (GLENN J. & KATHY L. WERNING) A tract of land located in the East One-Half(E 1/2) of Section Three (3), Township Four (4) North, Range Sixty-Six (66) West of the 6`h Principal Meridian, Weld County, Colorado, also including Lot B, RE-822, being more particularly described as: Considering the east line of the Northeast One-Quarter(NE 1/4) of said Section Three (3) to bear North 02°58'46" East and all bearings contained herein relative thereto: Beginning at the North One-Quarter (N 1/4) Corner of said Section Three (3); thence, South 00°37'00" West, 2715.47 feet to the Center One-Quarter(C 1/4) Corner of said Section Three (3); thence along the west line of the East One-Half(E 1/2) of said Section Three (3), South 02°16'22" East, 480.66 feet to a point on the south rights-of-way line of Weld County Road 394; thence along the south rights-of-way line of Weld County Road 394 the following seven (7) courses, North 66°26'18"East, 419.13 feet to a point on a curve (C2) to the right which has a central angle of 27°04'50", a radius of 904.30 feet and the chord of which bears North 79°58'42"East, 423.44 feet; thence, South 86°28'53" East, 372.09 feet; thence, South 84°09'52" East, 338.27 feet; thence, South 81°10'05" East, 617.44 feet; thence, South 86°20'00" East, 513.14 feet; thence, South 88°48'42" East, 142.78 feet to a point on the east line of the East One-Half(E 1/2) of said Section Three(3); thence along the east line of the East One-Half(E 1/2) of said Section Three (3), North 00°02'25" West, 383.97 feet to the East One-Quarter(E 1/4) Corner of said Section Three (3); thence along the east line of the East One-Half(E 1/2) of said Section Three (3), North 02°58'46" East, 1391.38 feet to the North One-Sixteenth (N 1/16) Corner of said Section Three (3) and Section Two (2), Township Four (4)North, Range Sixty-Six (66) West; thence, North 02°58'46" East, 1264.76 feet to the • Northeast (NE) Corner of said Section Three (3); thence,North 87°54'54" West, 2903.59 feet to the Point of Beginning. The above described tract contains 195.57 acres, more or less, and is subject to rights-of-way and/or easements reserved for County Roads located on the parcel and is subject to rights-of-way and/or easements of record or as may now exist. DESCRIPTION-ANNEXATION NO. 7 (GLENN J. & KATHY L. WERNING & RUMSEY FAMILY LTD PARTNERSHIP) A tract of land located in the North One-Half(N 1/2) of Section Two (2), Township Four(4) North, Range Sixty-Six (66) West of the 6TH Principal Meridian and Southwest One-Quarter (SW 1/4) of Section Thirty-Five (35), Township Five (5) North, Range Sixty-Six (66), West of the 6`h Principal Meridian, Weld County, Colorado, being more particularly described as: Considering the west line of the Northwest One-Quarter(NW 1/4) of said Section Two (2), Township Four (4) North, Range Sixty-Six (66) West of the 6TH Principal Meridian, Weld County, Colorado to bear North 02°58'46" East and all bearings contained herein relative thereto: Beginning at the Northwest (NE) Corner of said Section Two (2); thence along the north line of the Northwest One-Quarter (NW 1/4) of said Section Two (2), South 89°43'02" East, 1153.03 feet; thence, North 03°03'33" East, 20.02 feet to the north rights-of-way line of Weld County Road 50; thence along the north rights-of-way line of Weld County Road 50, South 89°43'02" East, 338.56 feet; thence leaving the north rights-of-way line of Weld County Road 50, South 26°14'15" West, 22.24 feet to a point on the north line of the Northwest One-Quarter (NW 1/4) of said Section Two (2); thence, South 89°43'02" East, 1129.00 feet to the North One-Quarter(N 1/4) Corner of said Section Two (2); thence along the east line of the Northwest One-Quarter(NW 1/4) of said Section Two (2), South 00°56'57" West, 1275.28 feet to a point on the northerly rights-of-way of Weld County Road 394; thence along the northerly rights-of-way of Weld County Road 394, North 65°17'09" East, 784.13 feet; thence, North 65°20'05"East, 1503.47 feet; thence leaving the northerly rights-of-way of Weld County Road 394, South 01°36'39" West, 857.24 feet; thence, South 82°35'32" East, 241.23 feet; thence, South 01°39'44" West, 398.50 feet; thence, South 01°47'58"West, 705.28 feet; thence, South 01°41'46" West, 268.68 feet; thence, North 89°53'10" West, 799.41 feet; thence, South 24°25'00" East, 133.00 feet to the south line of the Northeast One-Quarter (NE 1/4) of said Section Two (2); thence along the south line of the Northeast One-Quarter (NE 1/4) of said Section Two (2), North 89°11'42" West, 1531.03 feet to the Center One-Quarter(C 1/4) Corner of said Section Two (2); thence, North 89°11'42" West, 1352.87 feet to the Center-West One-Sixteenth (C-W 1/16) Corner of said Section Two (2); thence along the south line of the Southwest One-Quarter Northwest One-Quarter (SW 1/4 NW 1/4) of said Section Two (2), (L33)North 89°11'42" West, 63.90 feet to a point on the westerly rights-of-way line of Weld County Road 394; thence along the westerly rights-of-way line of Weld County Road 394, (L34)North 11°49'12" East, 55.28 feet; thence, (L35)North 01°49'51" East, 225.63 feet; thence, (L36)North 03°46'34" East, 231.13 feet to a curve (C5) to the right, having a delta angle of 25°42'48", a radius of 406.41 feet, the chord of which bears North 17°13'11" East, 180.86 feet to a point on the east line of the Southwest One-Quarter Northwest One-Quarter (SW 1/4 NW 1/4) of said Section Two (2); thence, North 01°57'36" East, 707.42 feet to the North-West One-Sixteenth (N-W 1/16) Corner of said Section Two (2); thence, North 89°14'27" West, 1328.14 feet to the North One-Sixteenth (N 1/16) Corner of said Section Two (2) and Section Three (3), Township Four (4) North, Range Sixty-Six (66) West; thence, North 02°58'46" East, 1264.76 feet to the Point of Beginning. Excluding Lot A, RE-1343 and Parcel B, RE-672. The above described tract contains 212.80 acres, more or less, and is subject to rights-of-way and/or easement of record or as may now exist. DESCRIPTION-ANNEXATION NO. 8 (COUNTY ROAD 394) A tract of land located in the Northeast One-Quarter Southwest (NE 1/4 SW 1/4) of Section Three (3), Township Four (4) North, Range Sixty-Six (66) West of the 6`h Principal Meridian, Weld County, Colorado, being more particularly described as: Considering the east line of the Northeast One-Quarter Southwest One-Quarter (NE 1/4 SW 1/4) of said Section Three (3), to bear North 02°16'22" West and all bearings contained herein relative thereto: Beginning at a point on the east line of the Northeast One-Quarter Southwest One-Quarter (NE 1/4 SW 1/4) of said Section Three (3) and the northerly rights-of-way of Weld County Road 394 (Lincoln Highway) whence the Center One-Quarter (C 1/4) Corner of said Section Three (3) bears North 02°16'22" West, 416.26 feet; thence, (L16) South 56°01'30" West, 170.00; thence, (L17) North 77°56'35" East, 146.77 feet to a point on the east line of the Northeast One-Quarter Southwest One-Quarter(NE 1/4 SW 1/4) of said Section Three (3) and the southerly rights-of- way of Weld County Road 394 (Lincoln Highway); thence, (L18) North 02°16'22" West, 64.39 feet to the Point of Beginning. The above described tract contains 0.11 acres, more or less, and is subject to rights-of-way and/or easements of record or as may now exist. DESCRIPTION-ANNEXATION NO. 9 (COUNTY ROAD 394) A tract of land located in the Northeast One-Quarter Southwest One-Quarter (NE 1/4 SW 1/4) of Section Three(3), Township Four(4) North, Range Sixty-Six (66) West of the 6`h Principal Meridian, Weld County, Colorado, being more particularly described as: Considering the east line of the Northeast One-Quarter Southwest One-Quarter(NE 1/4 SW 1/4) of said Section Three (3) to bear North 02°16'22" West and all bearings contained herein relative thereto: Beginning at a point on the east line of the Northeast One-Quarter Southwest One-Quarter (NE 1/4 SW 1/4) of said Section Three (3) and the northerly rights-of-way of Weld County Road 394 (Lincoln Highway) whence the Center One-Quarter (C 1/4) Corner of said Section Three (3) bears North 02°16'22" West, 416.26 feet; thence, (L16) South 56°01'30" West, 170.00; thence, (L17)North 77°56'35" East, 146.77 feet to a point on the east line of the Northeast One-Quarter Southwest One-Quarter (NE 1/4 SW 1/4) of said Section Three (3) and the southerly rights-of- way of Weld County Road 394 (Lincoln Highway); thence, (L20) South 68°23'43" West, 771.36; thence, (L19) North 64°00'42" East, 795.00 feet to the Point of Beginning. The above described tract contains 0.43 acres, more or less, and is subject to rights-of-way and/or easements of record or as may now exist. DESCRIPTION-ANNEXATION NO. 10 (COUNTY ROAD 394) A tract of land located in the Northeast One-Quarter Southwest One-Quarter(NE 1/4 SW 1/4) of Section Three (3), Township Four(4)North, Range Sixty-Six (66) West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as: Considering the east line of the Northeast One-Quarter Southwest One-Quarter (NE 1/4 SW 1/4) of said Section Three (3) to bear North 02°16'22" West and all bearings contained herein relative thereto: Beginning at a point on the east line of the Northeast One-Quarter Southwest One-Quarter (NE 1/4 SW 1/4) of said Section Three (3) and the northerly rights-of-way of Weld County Road 394 (Lincoln Highway) whence the Center One-Quarter (C 1/4) Corner of said Section Three (3) bears North 02°16'22" West, 416.26 feet; thence along the northerly rights-of-way of Weld County Road 394 (Lincoln Highway) South 66°10'22" West, 1239.44 feet; thence, (L21) South 59°27'04" West, 102.59 feet; thence, (L23) South 64°45'23" West, 119.97 feet to a point on the west line of the Northeast One-Quarter Southwest One-Quarter (NE 1/4 SW 1/4) of said Section Three (3); thence along the west line of the Northeast One-Quarter Southwest One-Quarter (NE 1/4 SW 1/4) of said Section Three (3), (L25) South 02°39'55" East, 64.98 feet to a point on the southerly rights-of-way of Weld County Road 394 Road (Lincoln Highway); thence along the southerly rights-of-way of Weld County 394 (Lincoln Highway), (L24)North 64°45'23" East, 150.71 feet; thence, (L22) North 59°17'51" East, 99.87 feet; thence, North 66°10'22"East, 1211.25 feet to a point on the east line of the Northeast One-Quarter Southwest One-Quarter (NE 1/4 SW 1/4) of said Section Three (3); thence, (L20) South 68°23'43" West, 771.36 feet; thence, (L19) North 64°00'42" East, 795.00 feet to the Point of Beginning. The above described tract contains 1.47 acres, more or less, and is subject to rights-of-way and/or easement of record or as may now exist. DESCRIPTION-ANNEXATION NO. 11 (RUMSEY FAMILY LTD PARTNERSHIP) A tract of land located in the Northwest One-Quarter Southwest One-Quarter(NW 1/4 SW 1/4) of Section Three (3), Township Four(4) North, Range Sixty-Six (66) West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as: Considering the west line of the Northwest One-Quarter Southwest One-Quarter (NW 1/4 SW 1/4) of said Section Three (3) to bear South 03°02'53" East and all bearings contained herein relative thereto: Beginning at a point on the east line of the Northwest One-Quarter Southwest One-Quarter (NW 1/4 SW 1/4) of said Section Three (3) whence the South West One-Sixteenth (S W 1/16) Corner of said Section Three (3) bears South 02°39'55" East, 232.00 feet; thence along the east line of the Northwest One-Quarter Southwest One-Quarter(NW 1/4 SW 1/4) of said Section Three (3), (L26) North 02°39'55"West, 188.91 feet; thence leaving the east line of the Northwest One-Quarter Southwest One-Quarter(NW 1/4 SW 1/4) of said Section Three (3), (L27) South 87°20'05" West, 5.00 feet; thence, (L28) South 02°39'55" East, 190.00 feet; thence, (L29) North 75°03'35" East, 5.12 feet to the Point of Beginning. The above described tract contains 0.02 acres, more or less, and is subject to rights-of-way and/or easements of record or as may now exist. DESCRIPTION-ANNEXATION NO. 12 (RUMSEY FAMILY LTD PARTNERSHIP) A tract of land located in the Northwest One-Quarter Southwest One-Quarter (NW 1/4 SW 1/4) of Section Three (3), Township Four(4) North, Range Sixty-Six (66) West of the 6`h Principal Meridian, Weld County, Colorado, being more particularly described as: Considering the west line of the Northwest One-Quarter Southwest One-Quarter(NW 1/4 SW 1/4) of said Section Three (3) to bear South 03°02'53" East and all bearings contained herein relative thereto: Beginning at a point whence the South West One-Sixteenth (S W 1/16) Corner of said Section Three (3)bears South 16°41'58" East, 226.80 feet; thence, North 02°39'55" West, 535.00 feet; thence, (L31) North 87°20'05" East, 55.00 feet to the east line of the Northwest One-Quarter Southwest One-Quarter (NW 1/4 SW 1/4) of said Section Three (3); thence along the east line of the Northwest One-Quarter Southwest One-Quarter (NW 1/4 SW 1/4) of said Section Three(3), (L32) South 02°39'55" East, 334.12 feet; thence leaving the east line of the Northwest One-Quarter Southwest One-Quarter (NW 1/4 SW 1/4) of said Section Three (3), (L27) South 87°20'05" West, 5.00 feet; thence, (L28) South 02°39'55" East, 190.00 feet; thence, (L30) South 75°03'35" West, 51.17 feet to the Point of Beginning. The above described tract contains 0.65 acres, more or less, and is subject to rights-of-way and/or easements of record or as may now exist. DESCRIPTION-ANNEXATION NO. 13 (RUMSEY FAMILY LTD PARTNERSHIP) A tract of land located in the Northwest One-Quarter Southwest One-Quarter (NW 1/4 SW 1/4) of Section Three (3), Township Four(4)North, Range Sixty-Six (66) West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as: Considering the west line of the Northwest One-Quarter Southwest One-Quarter (NW 1/4 SW 1/4) of said Section Three (3) to bear South 03°02'53" East and all bearings contained herein relative thereto: Beginning at a point whence the South West One-Sixteenth (S W 1/16) Corner of said Section Three(3)bears South 16°41'58" East, 226.80 feet; thence, North 02°39'55" West, 535.00 feet; thence, (L31) North 87°20'05" East, 55.00 feet to the east line of the Northwest One-Quarter Southwest One-Quarter(NW 1/4 SW 1/4) of said Section Three (3); thence along the east line of the Northwest One-Quarter Southwest One-Quarter(NW 1/4 SW 1/4) of said Section Three (3), North 02°39'55" West, 280.78 feet; thence leaving the east line of the Northwest One-Quarter Southwest One-Quarter (NW 1/4 SW 1/4) of said Section Three (3), South 89°35'57" West, 771.59 feet; thence, South 02°48'09" West, 873.20 feet to a point on the northerly rights-of-way line of the Union Pacific Railroad; thence along the northerly rights-of-way line of the Union Pacific Railroad, North 86°46'44" East, 726.05 feet; thence leaving the northerly rights-of-way line of the Union Pacific Railroad, North 75°03'35"East, 74.88 feet to the Point of Beginning. The above described tract contains 15.16 acres, more or less and is subject to rights-of-way and/or easements of record or as may now exist. DESCRIPTION ANNEXATION NO. 14 (RUMSEY FAMILY LTD PARTNERSHIP) A tract of land located in the Northwest One-Quarter Southwest One-Quarter (NW 1/4 SW 1/4) of Section Three (3) and the East One-Half Southeast One-Quarter (E 1/2 SE 1/4) of Section Four(4), Township Four (4)North, Range Sixty-Six (66) West of the 6th Principal Meridian, Weld County, Colorado being more particularly described as: Considering the south line of the Southeast One-Quarter Southeast One-Quarter (SE 1/4 SE 1/4) of said Section Four (4) to bear North 89°54'09" West, and all bearings contained herein being relative thereto: Beginning at the West One-Quarter (W 1/4) Corner of said Section Three (3); thence, South 89°07'13"East, 1362.77 feet to the Center-West One-Sixteenth (C-W 1/16) Corner of said Section Three (3); thence along the east line of the Northwest One-Quarter Southwest One-Quarter (NW 1/4 SW 1/4) of said Section Three (3), South 02°39'55"East, 407.74 feet; thence leaving the east line of the Northwest One-Quarter Southwest One-Quarter (NW 1/4 SW 1/4) of said Section Three (3), South 89°35'57" West, 771.59 feet; thence, South 02°48'09" West, 1028.04 feet to a point on the south line of the Northwest One-Quarter Southwest One-Quarter(NW 1/4 SW 1/4) of said Section Three (3); thence along the south line of the Northwest One-Quarter Southwest One-Quarter (NW 1/4 SW 1/4) of said Section Three (3), North 89°50'11" West, 482.05 feet to the South One-Sixteenth (S 1/16) Corner of said Section Four (4) and said Section Three (3); thence along the east line of the Southeast One-Quarter Southeast One-Quarter (SE 1/4 SE 1/4) of said Section Four(4), South 03°02'53" East, 173.87 feet; thence leaving the east line of the Southeast One-Quarter Southeast One-Quarter (SE 1/4 SE 1/4) of said Section Four (4), South 86°43'51" West, 131.91 feet to the southerly rights-of-way line of Weld County Road 394; thence along the southerly rights-of-way line of Weld County Road 394, South 63°42'51" West, 398.69 feet to a point on a curve (C4) to the left, having a delta angle of 09°48'32", a radius of 1134.96 feet, a chord of which bears South 58°48'51" West, 194.06 feet; thence South 53°54'35" West, 860.54 feet to a point on the east line of the Southwest One-Quarter Southeast One-Quarter (SW 1/4 SE 1/4) of said Section Four (4); thence along the east line of the Southwest One-Quarter Southeast One-Quarter (SW 1/4 SE 1/4) of said Section Four (4), North 02°19'57' West, 971.07 feet to the South East One-Sixteenth (S E 1/16) Corner of said Section Four(4); thence, North 02°19'57" West, 1463.04 feet to the Center-East One-Sixteenth (C-E 1/16) Corner of said Section Four (4); thence, South 89°39'58" East, 1362.72 feet to the Point of Beginning. The above described tract contains 76.81 acres, more or less, excluding 11.07 +/- acres of rights- of-way of the Union Pacific Railroad and is subject to rights-of-way and/or easements reserved for Weld County Road 394 and is subject to rights-of-way and/or easements of record or as may now exist. DESCRIPTION ANNEXATION NO. 15 (RUMSEY FAMILY LTD PARTNERSHIP) A tract of land located in the South One-Half(S 1/2) of Section Four (4), Township Four (4) North, Range Sixty-Six (66) West of the 6`h Principal Meridian, Weld County, Colorado being more particularly described as: Considering the south line of the Southeast One-Quarter Southeast One-Quarter (SE 1/4 SE 1/4) of said Section Four(4) to bear North 89°54'09" West, and all bearings contained herein being relative thereto: Beginning at the South One-Quarter(S 1/4) Corner of said Section Four(4); thence along the south line of the Southeast One-Quarter(SE 1/4) of said Section Four (4), South 89°54'09" East, 178.44 feet to a point; thence leaving said south line of the Southeast One-Quarter (SE 1/4) of said Section Four(4), North 00°06'51"East, 256.29 feet to the southerly rights-of-way line of Weld County Road 394; thence along the southerly rights-of-way line of Weld County Road 394, South 89°18'09"East, 655.67 feet to a point on a curve (C3) to the left, having a delta angle of 36°47'59", a radius of 631.68 feet, a chord of which bears North 72°17'52" East, 398.78 feet; thence North 53°54'35"East, 203.58 feet to a point on the east line of the Southwest One-Quarter Southeast One-Quarter (SW 1/4 SE 1/4) of said Section Four(4); thence along the east line of the Southwest One-Quarter Southeast One-Quarter (SW 1/4 SE 1/4) of said Section Four(4), North 02°19'57' West, 971.07 feet to the South-East One-Sixteenth (S-E 1/16) Corner of said Section Four (4); thence, North 02°19'57" West, 1463.04 feet to the Center-East One-Sixteenth (C-E 1/16) Corner of said Section Four (4); thence, North 89°39'58" West, 1362.72 feet to the Center One-Quarter (C 1/4) Corner of said Section Four(4); thence along the west line of the Southeast One-Quarter (SE 1/4) of said Section Four (4), South 01°37'07" East, 575.32 feet to a point on the Northwesterly high water line for the South Platte River; thence leaving said west line of the Southeast One-Quarter(SE 1/4) of said Section Four(4) and along the Northwesterly high water line for the South Platte River, (L16) South 31°42'34" West, 2.13 feet; thence, South 09°12'47" West, 1102.03 feet to the Centerline of the Union Pacific Railroad; thence, South 21°24'08" West; 523.83 feet; thence, South 10°21'44" West, 458.62 feet; thence, South 33°30'54' West, 225.86 feet; thence, South 09°27'29" West, 130.09 feet to the south line of the Southwest One-Quarter (SW 1/4) of said Section Four(4); thence leaving said Northwesterly high water line for the South Platte River and along the south line of the Southwest One-Quarter(SW 1/4) of said Section Four (4), South 89°13'18" East, 663.88 feet to the Point of Beginning. The above described tract contains 89.01 acres, more or less, excluding 11.02 +/- acres of rights- of-way of the Union Pacific Railroad and is subject to rights-of-way and/or easements reserved for Weld County Road 394 and is subject to rights-of-way and/or easements of record or as may now exist. I EXHIBIT B CONCEPTUAL PLAN SOUTH PLATTE RIVER PROJECT ---- EVANS, COLORADO II�� +L —i u l '/ /i , ' lm ~` _. ,✓� - .—� i j a -- 35TH iii _ .... r../ =.r.�^ � 'f T j y..... I, / { ,','p.c+'yV� r.,,...,...,:::::::..,---777„..,!,,,, 7.., .� fr•I C1 ; N i ;a,,, -r- \115: I / — r w. ?. lam, I 1 .irrf y�P . {�C �jC 1-ty I 1 t M ; . 1 •u :T uu.m.s,a./ I I 50 •pi a 1 .' l \ uu.naam ' WCRJIN 1 ° � :_ .IA V .m 1 1 w. M � �pA . r f. r 1 \,c,. .c /-\ w \ , d 1R�,. �/wl r` -� 'k ` rh; §';• nn t: A. Ac. // `�i O . C r• LEGEND: 1 iuwi .“../-‘ 1w mi ./-ll\ 27 .4 - /\{ zo.c k fr'/ /, I I I a y 1 � %Z� CCC ` � _ � S. _ 26 ® a -'T1 `\ 19 ;' �Y� 16 J/ r IN I �1'. ,• nA a./' rN "� :'.G ..• ,\ .1v°"' , n- Ir— — `\\ ©- 1\\uu.u.°Ac 1+\ ,w.'"A .i- \V J' l/ uf!?II p ♦ Y . ��Am W.� * 4 st 1 1sailti ' ,Poirt - f \/i \ .,y �• I�IY � \\\ ul.,—o°s00.c,.i 1 \\ CI N I / 4::,,----� � �' � rg%��`� � •r�.aw.0.e./. II 1Jm.d,.'. '� ''. 1 tU `\\1,_ mow- \\1\ s' ` .• / / Jr-."'r ICI Si IP unia _ aJ ;,ttsi± , �it °R°�. y , 1 r, , (i ,) © (kitt1fr) ; ` ,vi'e , r , 'I+I'H �,I+I I I I I'ITI 1 I"I III(-H- I""I . H+I+H-H+ _.._qtr , . N -->--- ---_ - , „ - . ittv_„ ;c.--- 4 r+tf` +�+�+r , I'tt17T 4".=aeTJ'1V/�� -" J/�" n ROBERT D. PHILLIPS, J PHASE ONE TOTAL SINGLE FAMILY DETACHED HOUSES = 151 oPED ,C 'N ' yi ARCHITECT/PLANNER APPROXIMATE TOTAL AREA = 201.9 ACRES SHEET TOFx I � '' -'�� 809 9TH STREET PLAZA /. I lit' ,. "`r' / / GREELEY,COLORADO 80631 DWELLING UNITS PER GROSS ACRE = 0.75 01 OF 06 '' / /b'"''�""` (970)353-4857 \ j I €/ ti DATE: 10/21/2003 N:m � - _-�../ : a sue Bao Imo ./ Ie E, i _ f�/, /; i SCALE: IN FEET 7 FACE OWNERS: GRAVEL MINING OPERATOR-APPLICANT: TYPICAL :FY FMNLYUYIiW PORMMNIP BIWA,. MDB GRAVE wBLDcon ILEWORD B w BRIGHTON BLVD T- LEG + 'KCOSM ,� HOURS OF DPEMII0N 1 EXHIBIT B CONCEPTUAL PLAN SOUTH PLATTE RIVER PROJECT ---- EVANS, COLORADO /�/ - ✓ 7' yr 35TH /lm nd, �_rr/ -. .: i \I Y rm,wm'.n,- _ ' • _ l cmI Mc ":mile AVE. - aaP _r �: �� I 0-0 O ; _ I '¢'a , _ . :ry�1 �, — ,•MICA-mRr./- rruux ap x IG. rte c'`+ 1 . �/ ' I i \ +y: 'r ) y _� ; O J / S-,�� X"r)ms`s^✓ __•_\• ..' - )b / _\ �'- ".�_m°:�a` •, O x '.,a•C"`-'-Y 4� '�:..:! �/ �' 1 Y— V v r� 1 3 •I \�V , '�R'� �. © 's�i- urcn_a''°c I 'Ih ll T,"" O[y,,`''xC','---:":":1—>-:',..:__ : ' 1-7 . 11 \I ...-7x,0“" I �$� uu.s a°0�e.h (I �,yw4a°i is./ri.>:,.... •••, $OR __ -_— )IY _. \ 11 iS \\ 1© ' • ,,.� © I, I 'v/ I• 0 -"': •. - - Et xu _.I e__ _ � ��R+R•1p •• MICA• �.G./ "1 I 1 1 tt0 1 _\.. .. -.. I �'r`�a„y + � yr : I '- ♦•_ W+p nbU-, ' _/.w ME.me.c y \ O I u �K " fir" _ •I LEGEND: 1 wvM..e.a I.C.+/-‘1 1 --f-r 1--?1 r .vrtM.xoMc./� / 14 ti I�) 3 sw iV e }'£ -• °"a'/E y/' 1p ��\. i 1I ® 11 1 \1 19 :' \? / ' : ✓I) ux._n'mMc / ,a.S ,!•� s r"� '� l' \1 , C wa 9 KO'At I l--- 11 © 11u:M.n •all "FS."4."/7._ ?\\J /r I � '• �� £+ r` ro / _ _ _ _ s., I ;MleMxa Me./- 111 11\ 11 ij ( ^ Y1 �•' Qj� 1li 1 • r1 , ( �• .x,,, , '3p' .,..... W _ 'xh'°o •lye o i ) T`� i ! 7 /// AIM«M-.0 Mc�/- 1 xelx:Rcu. dt s ••,( ® �' I ,Lite-.,.. 394 ._ i'.-11-1.: "_-- '-0.ye,-'e.._ ir• _ Y ^ -; __ ...,,,,. ` - i%�- -��-�"'—t: _ xy+•—'fwe...). / .i.. i / _ -. -- _ .✓"` -� .4:-,, / max/rk r'L 4016°x A' f, I rour.VI[/.PIJ K F sa , Aa jr- Tr l ,�. won= •\ �l9 3 (ter) ) (rGcfr) u.S 4_ fr ��/ III l+llll(+FfiIfilllIFi)H &" -Pri I e!/uR .e q 1 � I }{-I-I}I-F�('FTTri i ' ''I-I' 1ii. _�` o1� wsr fw!�( I 6 T' H+) TTY"� �qI iClim': .:-._ alumalizj�'.� . ._ iTn PHASE TWO ttttti"tTs`�° �TdV.higwa ROBERT D. PHILLIPS, '°"E° ii igh Qx9R `�i`' � �� ARCHITECT/PLANNER S SHEET `°�` ,, L- I V"°'„' / .4"-j� 809 9TH STREET PLAZA - _ , yy >-''^ /// GREELEY,COLORADO 80631 ----- - 02 OF 06 I / '/ b.°""°"",, I (970)353-4857 I ,I \ ,111,1,-, I ,A M •- • Al y7, „.Ma DATE: 10/21/2003 . NORM 1 i / / \ / t$5 SCALE: IN FEET TYPICAL tFACE OWNERS: GRAVEL MINING OPERATOR-APPLICANT: VI MAY ISOM PARSNERSMP BRANNANSAAOAGRRIT& r - --.. 110.11C0111:100 i&oIRIGM°N BLVD. TABLE 9 LLL,fA NW USM'SP,CoepI1B .. HOURS OF OPERATION CONCEPTUAL PLAN SOUTH PLATTE RIVER PROJECT ---- EVANS, COLORADO /' .. 1 - ti Y _ , - - - - ,-"wadi\ ._„s _7" mw7r 35TH r y_ �- �_...� ?r � �► _ 1 A `. ��- .iJ / /.�_I\�-V .i�i'e.�i / WI,ma I I , �Ii \\w_II'�' ' h 6 �. 18 1 12 �_ I SY p WCR \ Ill �scir � �, 11 \\ 29_..22-"a.e,c � k{ I 9 - �F�� I _ _ 1 \ \ l ran \ 50 1 ih le�...__ I \ \ ,.<,-.,.a c ,/- 1 roa \ _ _ � a Ks ..wiir 11 nrc,.,a2�2e. 1 2ca.me♦e./- \1 f\. . .., ;OD I, ur'ear 7 Jr ] J ' LEGEND: 1\ 1 1\ r¢.-xxa,c..N I :� �� uu ��x,n OOCp / 1 � \1 \\ 18 'Y\ 16 / S & 7 ). Ar! .xe„ _ �! _ \- -- —� 270 _ ('9/91 ©! \1 © \lwae-,ii2,c1./-%\ ,a. nsc./ \\ � / I,I 7�\\ .22, $ Ø; $1 ' ` GiIC" WCR \ coo \\ - '.'.`uv! ❑ 4: ,. WCR ' \..,--',Wor‘.- \ '�' /�\ D . err Mm- /r ' •� „i� r -. 1I — .iL �-�,-. t_ ...\ lr r,.r��.- w _��. _ � a,1-v Sri --�.� —✓ ,'`.�- eWY7IYY2 F"/\� / . '__ "-a tr,/ mium >i�r'c.P r u �.�^- morn "—_. !�.�' f .2 , I (:.ntxt) ® (' i7; I I ,,,,,.e will?, I ). i 11 I 1 +144-14H41±-±:E i Fi ` - - Orr; P =. Ft+__ . • _^—'�' a,,, v 11l'rIPS, t 1i i l i+ti I+f H l 11 I I F +f f�l H+�FN *a Mr iiiiiimiNaMpl ;��: ,_ PAONE 7 .7 �ti 'y, . �"/% � ROBERT D. PHILLIPS, ` e'oEX �� , # ARCHITECT/PLANNER SHEET ___ "� 809 9TH STREET PLAZA - .. l / i � .w'°"' "' // wn I GREELEY, COLORADO 80631 - - O3 OF OF') i / (970) 353.4857 Ate, AV �� ;` Feu DATE: 10/21/2003 /-� NORTH 1 f :i _1 / I D x0 eo0 ISM — SCALE: IN FEET TYPICAL • a OWNERS: GRAVEL,MINING OPERATOR-APPLICANT: WILY Y/RIKIIH. YNRMM5 D IDM\B _._ amm. MO IRIGHTISH ,CO IOW DUNK CO II31IL� •.....•-..... �.. MDUX$OFOPERATION CONCEPTUAL PLAN SOUTH PLATTE RIVER PROJECT ---- EVANS, COLORADO / l' �/�/ u hi e.':r k %-'✓ y_ 1 - . - _ .. �'� i - _ - ® �...,, � a.e ti Y^' -` I - to 35TH / 1 ,/ � i ! '��ry9� �_-•- _ _a la.c t:coma AVE -- - I ]co^4 - /^� ,y "Sp+Puc^ '.." '".-_"'_� x-', / i i t 1 'Fv O ♦♦ - H., V- ''1 ] I 9s -- Co_ -_ V 1 3 - i- ♦i�.-]so]c./- aw come. 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IV0 r- \\ © 1 11 i / / t / III .)� Rf -.1:12- I }. _ alio/ n i3 _. v .-i1`-. - . 4 ♦. isAc.rrtjg 1. __`LI__Ill_°_,...21°:" \ '4 ` r r9aa9wv.eu a< r N ./' w` i W�t.'� .....: wmco.r u. ow.w+n9\ ` �� / t/ (. 2e,) orty; 1 ; IIIIIfIIIIIIIIIlUIIi* IIF+iH IIIiIIII11I1iI1I�iF+� • sit11111+41 o �rlq , ► , =� d PHASE TWO + " JV/IYtW ROBERT D. PHILLIPS, - re `' C.SAM '�'� ARCHITECT/PLANNER _ SHEET °" �'`'° , 809 9TH STREET PLAZA di / • .-�'*"^j"" /%/ GREELEY,COLORADO 80631 - _ - 04 OF 06 "°"� (970) 353-4857 i �,�`�" _ �/ �� .w DATE: 10/21/2003 1 KEE, , ' °-� / - SCALE: IN FEET �/i / i,' -- CE OWNERS. GRAVEL MININQOPERATOR-APPLICANT: TYPICAL fNAYLLMrtiOYMnflr♦ NWNWL allerwa CONCEPTUAL PLAN SOUTH PLATTE RIVER PROJECT ---- EVANS, COLORADO ri - a H., . .__/ - / �� .]y��i ., " ;. -„''- -'I t 35THit - - s -- i• -- i %.✓ � , y"P - a " r - - \I P DPau . 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PHILLIPS *-}'FP.I+H�-�r�'IH�')�- -4, ��n� s , rF�� tPHASETHRE E „�p At, ''` ��•� ARCHITECT/PLANNER `.. SHEET "`� ��_ /�" 809 9TH STREET PLAZA + QS OF OB fi /// GREELEY,COLORADO 80631 - / r.P.°"" (970) 353-4857 Ac. -=2a DATE: 10/21/2003 \; ) I NcR1H fi // , --i' ✓ �) i \ o NOM I7ao g 8 t.\ 1 / i SCALE: IN FEET �/ i /; SCE OWNERS GRAVEL MINING OPERATOR-APPLICANT: TYPICAL 10Cc 3 {■0MIGHTCNetVD. r _ _. s CONCEPTUAL PLAN SOUTH PLATTE RIVER PROJECT ---- EVANS, COLORADO r Hip -- _ �✓� �..�/ '. ..-.v j..."..3A5viT.EH. po- • /;". - �`E! _ tit ;.�.irwP,. ,� _ ♦ „�g� / R X11 (�. /- I al Y . ,—� 1 = l au jgr ( �� n/m0•�4l a ® 1� r(naa. 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GI ...................:..:.,.:........:::::::::•:::::::::::.:::..::::::::.:::::::::::: F Q U Fa w s x a 0 e -6,C� a L `` I':ii'}:=iiikiii'iiziiiiiiiiiieiii}i} ii{i:}ii5} }iei: U w \ # # :::::::::::::: ::::::::::::::::::isii:::::::::::iiii>:::' Q 1 ': J 1 ::;:;iii' ESE {E * *tt6i :.1 a 2 H 4 O N 4 �in pp n a ` i • ' .'.':.' .'.i::::::' . '' ' ' ' . . . .'.'.'.'.':' .: W �4] wry] _ i i � m i b ap 0 n on 2n T �:i iiiiiiiii}i gf,. ::iiiii :-:::. }ii}i ..t: ::ff.i:: : on 3 � st8o^ b=Fra J N WW W V W Og N \ in +r:isi:i'•:ii:•::':ii:.;:i:;:iii•::i- — F \ D I EXHIBIT C - TABLE/ .,nJ l -_ ' / I .ren ,..,..�. ,�...�,. Jab mpw ACTIVMES ASSOCIATEDVATH IATRNG 3 2 2 N� py��p Mpyyp�Y / ap+M - Ja a _._ _.-ri. MINSINdMMb Yw"Lw ;bib i ^d Y ris/ ado i J -\\M� �/ ,,, we. =TOY me es w F-� �.v.v . , I! tleYY d rMrYMi! ...n al', -- _ rr! .m.. j i � ' mcm 'AI' • I ••♦ I —t w+r�M rM~tl�orryV�M — -1-1---- ..,vx. % ps+� ,,,. L Pe"d" . / `va �)'�y """?b.. �i _'p' •� i'I _I "� ! - ,< t ` ya. � 4 woe.K .i- t combb ok cab by.�ie� y *mob bdth pint hi ad b Si am{irk lbn�d�MIi IV .apo, ran ,,yyy 11�sID 1 1 II / P :w ,,,,, -yI run-n, .; I !?1�as _ FI° , 11 1, .w � '.�.� 11 H) a J 1• tYNr a .rr.oYwm �3' — i IB , 17 yJN 1 1 1 1 - v£q /� • �.. uy.w u.e �y `r Ir�' 11 11 im 11 11 - - 1r ' / x.c, � �••• i.Y. - , :, p' w�h �Tle TAN ,- -»Am ., , .m , - `.� 'li Poo3fl 1.veA.n°n°nc..; 1 .. 1 -rte �N .srw.a.c..- - i.Mil 14 ♦• noT , �'�; 6 — — PEIC O INNlCtlIOrl I ® 11 0 �� 6 ` 0 JE ...n ♦ �� `� ._ �• . I. —....— dY0.0.00MAN ICS I ,a_- , , I �.r y . .� ENNENls ��.� OONJE19T6TMYlROtD FOAM ..elou+. I „FLAG 1 1 , / t _ \\ O —s— DmNIDMLE I .- , , , J .. CM ISVICIER . L- 1‘ .o. M..o- vneaerxeJ a.- � '"'�� -A. ern., D GAWPS MUMMY % / •; , seebe• �POO •01. .../'run.vn nc.-i- ,�.. .c..J 1\ .,, :O TeetpEvmaLu - i� .a, Jl .�....<..i- I3 �: I. 11 - p ` J I wnwtls N a'Y - A',/ •♦ , Is — Y'rW.. { eX=STuennE ... _ _ .., ,K.. n-601" ,\ LIMMICEMINN3 ARE/3 'LOS,WO _ TnnIDeIMEE � . - �� IIIMISIGIVIE „ fr !! t- 1 � '✓ �li ... — // ` / aw. a \NNEI•I M. macaws • �I f �j I J_y welNNDIlE I F ® I L r .0 iv..' p - w' ter. - TasawrcTaEu,D�Nlcel 11 _m ,;:' .a"v V .i SIOCPIE WHIM TO DRUIC wt+FAWN .. - _ MOAN(LOMAS COCEETN ✓/�?�' ( NOR j • —_ k / , TDMITwow.DCNN91 INTRIMNCMMTIMI.CtlIISt®I WOOrJHNC6E1NPN16® NEN enn n. -' , -Wer ' - _COI llll DE,,,N„NU ' ROIOICOMM _? j auENxwL to... m GRACE WM N J II/I. j� ,�mA “ Nanxo AREA b ;efl� fame� "--% I- - I$_ -.. ____s... ...`r * �0 ,00 GOO i FJUrfNY01101UONA191 TIlIE IEYNIO OD v� C - --- SCALE: IN FEET NOM M r NIP Milt VMM ry /i roNIaNE.E o SURFACE OWNERS: GRAVEL WPM OPERATOR-APPLICANT: TYPICAL-TOP9OL STOCKPILE AT EDGE OF MINING ARFAS(ROSS XCTION MOTTO ECNE Di FOAMY PAW E®MJn16PXP NPJNMENDSDMTa INNNBDCO TIN NEfNIION ELM ...TIHl 1 NLAI/LWOW PHONE.COKEINIEES4 Mk D�yOUyR,,OF�W9N1pNIyw yr� TI NEEN dLNNJ4 MMJ _ Dgnlfry 1Nbd1ri�INNE!�Od�M. v N@EIOCOIDDIM NOTES rtitMd•b liI—misfit SONIEOlP g MMILADOIN CITY OF EVANS "Nrdr = ". I.NDMDn.wNNMIWTnIsmDMmlNOm aEa rMr ®N�CG�'T�D�L� PLAN w NN�mmlCi at®NwwMi,Oil MnaNNw+craNNNleec. watt, E!yNe�yNREy� LIT MUM LNLNNM NOT DIMMED rYLIwNIt IMO ACM=CRMNE Wig MvI. rO.W IDlIY:tl01M FECOMMON WILL OE IROMVEC DER NI AR °" `IRIMICED IMMURE a° CONCEPTUAL p1t�MNy�md�ER� �y ,� _ 2I — AREAS RP fTWELBRMLEWIiNINDNPA9IME r MINING PLAN A MM NIENIEOIIOESTMLEONNII®INN '.I ., NVINNN MIINIING PLI AN PWRIECDIWEN RMO®MTNM M0. mane ONE N Brennen Send and C}Nel 03. N APAWBCICPLN4OMB!TOEDINeEDMOWfMpNAWHORDTCl DOICOMMIIT. MINING AN N°I"�A „pit= CIVIL RE S'7)U RC ES, L L C 1°-��""'!"'�m®° SYMUI NEVCOMlOFEE®N !03 W 1414(1)NO SD NRS(I) A SNIEIMLWliMMSROEroMNNINI®ONA FERWRMETOCEIROL MINED N: DO ]OSM0. OMt BRANNAN SAND AND GRAVEL COMPANY + -m� - ^ — ParawlWJPJa ri �y o. ��y� y��y�R�yy DNE: acT.m IT.e..M !ref 1)11)11)1 - '... O®N: EOMS: AS NII® NET! Lk IOPoOfDON1OUNMiA11tlYUNlTWOWRP & i6 Y;! Jflgu Y Y ' I! 9 II 999939. '.OII �A I �I s! a O e .Ii Jlilt e a 5d 41 �i cg J jll i1 v i 1 u ill I � r �� le i#! il milliI il lli111rr III' 1r 1� YYr� ,j Ln i J11- II' ® S� it cc r 11121 ! I it J r � et � 1ii�i i ! I� Ip1ld1it Y# ii 01III „ , .1 II Ili in - Iii Lill IIIIII� iilililtilli1i11111hiiilliiiiNIJii c -:-/ —r 8 Is A1v 111 @ I?i 1 s i / / E ! - M,.- 1 v v1 1 y " 1 �. i tom �� / ce. \ — a• �I .,. i� VA `'...._._.—.�` ₹'.w• /"DOE r ' E i V \ 1 III III 4 I' kill . \ \ 1 . ) Ali, — 2,V= rcl \ = T r/ 1 h „ ) � � \ a `/ O \ 7 !N /\ D . —t—� I Q X , O 1 1`�� _ •,,' 1 w W z Z 4 \ IIi. vv _ , \ 1, �� U Z a c .it (f) u .-J < V v \ \ to 9 / if t w � _, i ti I I y I ��II I I- \ i � � i _ � •` � li \ �. ." - L v 2, i - iI a , ,i \� c' 1 I, iI , a � .. _ III PM EZ Ob 90 ECIOZ/l U01 `ZMP'Z cPt asegmau 6asumn^ -aiggacn H EXHIBIT E WATER STORAGE 1. The City agrees to purchase a minimum of 300 acre-feet of water storage from the Seller at a price of$3,500.00 per acre-foot. The City shall pay 10% of the total cost at closing, which shall occur within 30 days following completion of annexation or at a date mutually agreed to by the parties. Interest-only payments on the outstanding balance will be due annually until such time as the mining operation begins and then the remaining principal balance shall be due and payable annually in 15 equal installments of principal, plus interest on the outstanding principal balance. Simple interest on the outstanding balance shall be calculated using the Federal Funds Rate, plus one percent (1%). The rate for any given year will be the Federal Funds Rate on December 31s` of the preceding year. Payments shall be due and payable at the end of each year. Prepayments may be made by the City at any time without penalty. The City shall have the right to purchase water and storage above and beyond the 300 acre-feet purchase at the same terms for 120 days from the effective date of annexation of the property. 2. The Seller shall grant, free of charge, to the City an additional 1,000 acre-feet of water storage, once created. The storage purchased and given is from 50% of every acre-foot of storage created and is an undivided interest in the whole. For example, if the first storage cell created holds 1,000 acre-feet of storage, the City would own 50% or 500 acre-feet of that cell and so on until the City's 1,300 acre-feet of storage has been created. 3. The City and all other storage owners will be responsible for their pro-rata share of operational and maintenance expenses for the ponds in which they have storage. An Operational and Maintenance Agreement will be developed at a later date. 4. The City shall have the right to purchase water and storage above and beyond the 300 acre- feet purchase. If the City desires to acquire additional storage at closing, for every additional 100 acre-feet the City commits to purchase, upon the same terms and conditions stated above, the Seller shall give the City an additional 150 acre-feet of storage, free of charge. 5. In the event the sand and gravel operation does not commence within eight (8) years from the date of this Agreement the City reserves the right to cancel its commitment for water storage and shall have all interest payments returned. WATER RIGHTS 1. The City agrees to purchase a minimum of 80 acre-feet of consumptive use from the 300 irrigated acres (approximately 6.33 shares) of Godfrey Ditch water from the Seller at a price of$13,000.00 per acre-foot. The City shall pay 10% of the total cost at closing, which shall occur at a mutually agreed to date within 120 days of the effective date of the annexation. The remaining principal balance shall be due and payable annually in 15 equal installments of principal, plus interest on the outstanding principal balance. Simple interest on the outstanding balance shall be calculated using the Federal Funds Rate in effect on the date of closing, plus one percent (1%). Payments shall be due and payable at the end of each year. Prepayments may be made by the City at any time without penalty. The City shall have the right to purchase water and storage above and beyond the 80 acre-feet purchase at the same terms for 120 days from the effective date of annexation of the property. 2. The Seller shall grant, free of charge, to the City an additional 40 acre-feet of water storage, once created, as provided for above. 3. The Seller agrees, at its sole expense, to change the use of the Godfrey water from agricultural water to municipal use. Seller agrees that its attorney(s) will consult with City on the change case issues and that the City's interests are upheld in the final decree. RECREATIONAL USES 1. The parties will work together in providing joint recreational uses as to certain bodies of water created by the storage, except that any rights so created shall not be construed to interfere with the basic right of the storage of water, which can result in the total withdrawal of water from any of the storage ponds created. USE TAX 1. To the extent the City is unable to collect its sales and/or use tax on aggregate extraction, then in that event, Rumsey Land Co., LLC and/or assigns, agrees to pay the City$0.035 per ton of its sand and gravel royalty, as received by it. EXHIBIT E interoffice MEMORANDUM To: Jim Flesher, Senior Planner From: Andy McRoberts, Director of Parks and Recreation Date: February 12, 2004 Subject: Rumsey-Werning-Camenisch Annexations Impact Report In response to your request regarding the impact of the Rumsey-Werning-Camenisch Annexations to the Parks and Recreation Department, the following are observations that may affect the City of Evans as current standards mandate: 1) Any residential development within the proposed annexations will be required to dedicate appropriate and developable park land at a ratio 3.5 acres/ 1000 residents following all requirements of Chapter 16.42 of the Evans Municipal Code. Any new residential dwellings will also be subject to current and future Park Development Impact Fees. Existing homes would be exempt. 2) There may be an increased impact to code enforcement within the Forestry Division, particularly regarding notifications and abatements for tree care on private property. Not knowing the full intent of development or mining operations in this area, it is difficult to ascertain the full impact. However, the properties are in the South Platte River Basin and it is anticipated that tree growth is rather rampant within certain areas. Depending on the operation(s) in the area, the least amount of impact would be surveying the tree population and determining potential abatement of hazard trees (those trees that may pose a threat to real property or life). 3) It has been discussed that this development will entail a great deal of land that will be designated as open space with possible Conservation Easements. It has also been discussed that much of the land and newly created ponds/lakes will be rehabilitated once mining operations cease. Given the amount of time that it will take for development to occur and any municipal operations and management taking place, staff can not speculate as to specific impacts. However, staff does support any and all efforts to introduce improved wildlife habitat, fishing opportunities, public accessibility, trails, etc. for the benefit of the general public. The amount of land designated in the vicinity map is considerable and there is a question as to how much of this land will be dedicated to the City for maintenance and upkeep. Certainly this will have an impact to staffing needs although how much is difficult to project at this early stage. Although Conservation Easements are certainly viable and a very important open space preservation tool, there are several concerns to keep in mind: 1) access for maintenance; 2) the general condition of the land in it's existing and renewed state and how it will be impacted during construction of the subdivision; 3) restrictions of a C.E. —it would be beneficial to allow trails, benches, picnic facilities, fishing docks, restrooms, irrigation, vegetation planting, signage, etc.; 4) how would the neighboring residents utilize the C.E. —if fencing is necessary, the City would not install, it will be typically be the responsibility of neighboring residents. 4) Access—due to the fact that much of this proposed annexation will be on the south of the South Platte River, response time for maintenance and code enforcement will be prolonged until such time that a bridge may be installed over the river. During the time of mining operations, this impact will, most likely, be minimal. 5) Liability—there may be some increased liability to the City for all of the aforementioned impacts. General insurance premiums may be increased due to these exposures when they occur. 6) The City and the Developers must be very observant of environmental conditions and impacts to threatened and/or endangered species within the impacted area. It is highly recommended that consultation be made with the State of Colorado's Division of Wildlife to ascertain what studies should be made available. City staff should also be made aware of any best management practices for this area and natural resource management. Any necessary contacts and permitted use of the river basin with the U.S. Corps of Engineers will also need to be documented and managed. 7) Noxious Weeds—the potential for City staff to have access to this portion of the South Platte River is positive due to the fact that staff can survey and assist in the abatement and management of noxious weed growth. Without more specifics, it is difficult to ascertain any other impacts at this time. Staff would be amenable to revisiting an impact report for this development at the time a more specific preliminary plan is identified and/or submitted to the planning department. If you should have any questions regarding any of these issues, please feel free to contact me at any time. Cc: Dan Willadsen, Parks Superintendent Kevin Krings, City Forester ^v :5 *-{-1. f��i'� ). .r ( _ E.#ts , �`,4 a3 xSYs ^. i »._ _ �s' , . -.-$ +�• �. -�'b> u>. _ Jd .r. y', kk- •'1 �, it s • ' �. e irk ;''m'` ;�i r'" k ' - '%x. ,,i ' na°j.!&'. --)yrri yr-₹�=,T _.e . � • 1:1" %-4•- h"..-•17..- _- _s' > qy�,`C�w{', ;..+� 1 • _ iu' t•t,.` • � }r'*_,t^ +,�„J; �s '' ^�' 1 `F:{ I.: y vict� .r '� } � Y r8 4 :j�r+v --2 _..t.,..^ /b Q 1 , •tIll el -a.,t - II SSW :: • £ it: d - vi. — cil _ _ .y i .� , , .sue a.�.r • ti�f .* I _�'r`- 3. i `. ` s f r1� Y qty d% rf4} a, -s .,. f•%, '#L.,sI.y• .i iy ,t1,/ , :A, `R' �..._ ' '. t .. s''-.'i3 't t ti _ rJ. x'.Aa E _ e44. I. � i I ��IT�44/S�_ + •:0,q ... .}''Y � .+h a a+' i s _ � xT — F I - , - •••'•• `F ' Y %J� '# ' : • run din Al _�. - - 4 it • i - _ t .Y }'-s5 i . . 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