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Home My WebLink About20033403 TOWN OF LOCHBUIE NOTICE OF COMBINED PUBLIC HEARINGS ON PROPOSED: (1) CONCORD PARTNERS ANNEXATION, PART 1, CONSISTING OF A PORTION OF SECTIONS 25 AND 36, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., AND SECTIONS 30 AND 31, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M.,WELD COUNTY, COLORADO; (2) CONCORD PARTNERS ANNEXATION, PART 2, CONSISTING OF A PORTION OF SECTIONS 23, 24 AND 25, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M.,AND SECTIONS 19 AND 30, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO; AND (3) CONCORD PARTNERS ANNEXATION, PART 3, CONSISTING OF A PORTION OF SECTIONS 25 AND 26, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO NOTICE IS HEREBY GIVEN of a combined public hearing to be held on January 21, 2004, at 7:00 p.m., at the Lochbuie Town Hall, 152 Poplar Street, Lochbuie, Colorado, for the purpose of determining and finding whether the areas proposed to be annexed, as described in Town of Lochbuie Resolutions 2003-25, 2003-26 and 2003-27 adopted on December 3, 2003, copies of which are attached hereto, meet the applicable requirements of Sections 31-12-104 and 31-12- 105 of the Colorado Revised Statutes and are considered eligible for annexation. Any person may appear at such hearing and present evidence upon any matter to be determined by the Board of Trustees. Publication Dates: December 11, 2003 December 18, 2003 December 25, 2003 January I, 2004/ /--,` 11 By: (.�' /� / .V �k Nikk John, Town Clerk ._, C:\Documents and Settings\bsgreene\My Documents\Blue Lake Annexation\Blue Lake Legal Publication Notice.doc ‘Si 3u C WO)iaw 00 : 0/IUD LOCHBUIE B U I E ANNEX AREAS W.C.R. 6 ripir 4$444444441 SITE 3 •.:i Att I�� Att • • • • tSaWS 444 Iststv rvvsn 11 I 1 1 I 1 1 1 ' ' ' '' ' -�-Hr� ` J 1 ' I • North N.T.S. W.C. R. 4 / 1 II IIII / Flatirons II �� Ui? Surveying, Inc. 655 FOURTH AVENUE LONGMONT, CO 80501 PHONE: (303) 776-1733 FAX: (303) 776-4355 www.flatsurv.cam • BOARD OF TRUSTEES TOWN OF LOCHBUIE RESOLUTION NO. 2003-25 December 3, 2003 Concord Partners Annexation, Part 1 WHEREAS, a Petition for Annexation (herein "Petition") of certain real property, which is more particularly described in Exhibit A (herein the "Subject Property") which is attached hereto and incorporated herein by reference, was filed with the Board of Trustees of the Town of Lochbuie on December 2, 2003; WHEREAS, the Board of Trustees has reviewed the Petition; WHEREAS, the Board of Trustees wishes to permit the consideration of the Subject Property for annexation to the Town; and WHEREAS, the Board of Trustees desires to adopt by Resolution its findings with regard to the Petition. NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Lochbuie as follows: 1. The legal description of the Subject Property sought to be annexed to the Town of Lochbuie is attached hereto as Exhibit A. 2. The Petition for Annexation of the Subject Property previously filed with the Town is in substantial compliance with C.R.S. §31-12-107(1). 3. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §31-12-104 and C.R.S. §31-12-I05. The public hearing will be conducted at the Lochbuie Town Hall, 0152 Poplar Street, Lochbuie, Colorado, at 7:00 p.m. on January 21, 2004. 4. Any person may appear at such hearing and present evidence relative to the proposed annexation. 5. Upon completion of the hearing, the Board of Trustees shall set forth by resolution its findings and conclusions with reference to the eligibility of the Subject Property described in Exhibit A for annexation, and whether the statutory requirements for the proposed annexation have been met. 6. If the Board of Trustees concludes, by Resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the Subject Property to the Town of Lochbuie. C:\Documents and Settings\bsgreeneNTy Documents\RESOLUTIONS 2003\2003-25 Blue Lake Annexation.doc 7. The decision of the Board of Trustees to annex the Subject property will be entirely within the discretion of the Board of Trustees. Further, the adoption of this Resolution does not commit Lochbuie to annex the Subject Property, but rather, initiates the procedure that will provide the basis for evaluation of the proposed annexation. 8. The decision of the Board of Trustees to annex the Subject Property shall be subject to the preparation, execution and delivery to the Town of an annexation agreement containing such terms and conditions as are required by the Town in its sole and absolute discretion. READ, MOVED, SECONDED AND APPROVED this 3`d day of December 2003. TOWN OF LOCHBUIE By: ayor � i J l l� �� ! i (,L i Town Clerk C:\Documents and Settings\bsgreene\My Documents\RESOLUTIONS 2003\2003-25 Blue Lake Annexation.doc EXHIBIT A Legal Description of the Property Annex Area 1 THAT PART OF SECTIONS 25 &36,TOWNSHIP 1 NORTH,RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND THAT PART OF SECTIONS 30&31,TOWNSHIP 1 NORTH,RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN,WELD COUNTY,STATE OF COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER 1<CORNER OF SAID SECTION 36, SAID POINT ALSO BEING ON THE WESTERLY LINE OF THE PLAT OF SPACIOUS LIVING FILING NO.4; THENCE NORTH 89°51'40"WEST,A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 37; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE NORTH 00°08'33" WEST,A DISTANCE OF 2639.07 FEET TO A POINT ON COMMON LINE BETWEEN SECTIONS 25 AND 26; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE NORTH 00°13'54" EAST A DISTANCE OF 2642.53 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH %OF SAID SECTION 25; THENCE ALONG SAID SOUTH LINE SOUTH 89°57'10"WEST,A DISTANCE OF 2610.10 FEET TO THE CENTER '/4 CORNER OF SAID SECTION 25; THENCE NORTH 00°07'26" EAST, A DISTANCE OF 661.07 FEET; THENCE NORTH 89°57'10" EAST,A DISTANCE OF 2671.30 FEET TO A POINT ON THE EASTERLY RIGHT- OF-WAY LINE OF SAID WELD COUNTY ROAD 37; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE SOUTH 00°13'41" WEST,A DISTANCE OF 661.08 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 'A OF SECTION 30; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 00°13'54" WEST, A DISTANCE OF 2642.46 FEET TO A POINT ON COMMON LINE BETWEEN SECTIONS 30 AND 31; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 00°08'33" EAST, A DISTANCE OF 1979.19 FEET TO A POINT ON THE NORTH LINE OF SAID SPACIOUS LIVING FILING NO. 4; THENCE ALONG SAID NORTH LINE SOUTH 89°51'27" WEST,A DISTANCE OF 30.00 FEET TO THE NORTHWEST CORNER OF SAID SPACIOUS LIVING FILING NO. 4, SAID POINT ALSO BEING ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE ALONG SAID EAST LINE SOUTH 00°08'33 EAST,A DISTANCE OF 660.00 FEET TO THE POINT OF BEGINNING. CONTAINS: 47.35 ACRES MORE OR LESS. BASIS OF BEARINGS: THE EAST LINE OF THE SOUTHEAST ONE QUARTER OF SECTION 25,TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M. IS ASSUMED TO BEAR SOUTH 00°13'54" WEST. 604073.1 JTJOHN 12/4/03'40 PM EXHIBIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Petitioner Annex Area 1 Lochbuie Land I THE SOUTH 661.07 FEET OF THE NORTHEAST 1<OF SECTIONS 25,TOWNSHIP I NORTH,RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, STATE OF COLORADO; EXCEPT ANY PORTION LYING WITH THE RIGHT-OF-WAY OF WELD COUNTY ROAD 37. 60407-1 JTJOHN 12/4/03 2:40 PM PETITION FOR ANNEXATION TO THE BOARD OF THE TOWN OF LOCHBUIE, COLORADO The undersigned Petitioner, in accordance with the provisions of Sections 31-12-101, et seq., C.R.S., also known as the Municipal Annexation Act of 1965, as amended and in effect on the submission date set forth below ("Annexation Act"), hereby petitions the Board of the Town of Lochbuie, Colorado ("Town") for annexation to the Town of the land described on Exhibit A attached hereto and incorporated herein ("Property"), which is currently within the unincorporated area of Weld County, Colorado. The Petitioner further states to the Board as follows: 1. That it is desirable and necessary that the Property be annexed to the Town. 2. That the Property meets the requirements of Sections 31-12-104 and 31-12-105, C.R.S., in that: (a) Not less than one-sixth (1/6th) of the perimeter of the Property is contiguous with the Town's current municipal boundaries, which contiguity may be established by the annexation of one or more parcels in a series. (b) A community of interest exists between the Property and the Town; the Property is urban or will be urbanized in the near future; and the Property is integrated with or is capable of being integrated with the Town. (c) Without the consent of the landowners, no land included within the Property which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: (i) is divided into separate parts or parcels, unless such tracts or parcels are separated by a dedicated street, road, or other public way; or (ii) comprises 20 acres or more and, together with the buildings and improvements situated thereon, has a valuation for assessment in excess of$200,000.00 for ad valorem tax purposes for the year next preceding the proposed annexation. (d) The Property is not presently a part of any incorporated city, city and county, or other town; nor have any proceedings been commenced for the incorporation or annexation to another municipality of part or all of the Property; nor has any election for annexation of the Property or substantially the same property to the Town been held within the twelve (12) months immediately preceding the filing of this Petition. (e) The annexation of the Property will not result in the detachment of area from any school district and the attachment of same to another school district. (5040731 JTJOHN L'180J 1125 AM Town of Lochbuie Petition for Annexation Lochbuie Land I Annexation Page 2 (f) The annexation of the Property will not have the effect of extending the boundary of the Town more than three miles in any direction from any point of the Town's boundary in any one year. (g) If a portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the Property. (h) The annexation of the Property will not deny reasonable access to landowners, owners of an easement, or the owners of a franchise, adjoining any platted street or alley annexed by the Town but not bounded on both sides by the Town. 3. That the Petitioner comprises more than fifty percent (50%) of the landowners in the Property who own more than fifty percent (50%) of said area, excluding public streets and alleys and any land owned by the Town. The portion of the Property owned by Petitioner is more particularly described on Exhibit B attached hereto and incorporated herein by this reference. 4. That the Petitioner owns one hundred percent (100%) of the Property within the meaning of Section 107(1)(g) of the Annexation Act. 5. This Petition is accompanied by four prints of an annexation map containing, among other things, the following information: (a) A written legal description of the boundaries of the Property; (b) A showing of the boundary of the Property; (c) A showing of the location of each ownership tract of unplatted land, and, with respect to any area which is platted, the boundaries and the plat numbers of plots or lots and blocks; (d) Next to the boundary of the Property, a drawing of the contiguous boundary of the Town and the contiguous boundary of any other municipality abutting the Property. 6. The affidavit of the circulator of this Petition certifying that each signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit C and is incorporated herein by this reference. 7. That Petitioner signed this Petition for Annexation no more than 180 days prior to the date of the filing of this Petition for Annexation. 8. That upon the annexation of the Property becoming effective, and subject to the conditions set forth in this Petition and to be set forth in the Annexation and Development Agreement (as defined in Section 9 below), the Property shall become subject to the Municipal Code and all laws and ordinances, resolutions, rules and regulations of the Town, except as otherwise set forth in the Annexation and Development Agreement, and except for general property taxes of the Town, which shall become effective January 1 of the next succeeding year following passage of the annexation ordinance. 004073 1 ITJOHN 12/2/03 11 25 AM Town of Lochbuie Petition for Annexation Lochbuie Land I Annexation Page 3 9. In connection with the processing of this Petition, the Petitioner requests that the Town: (a) Institute zoning approval processes for the Property in accordance with Section 115 of the Annexation Act and the Municipal Code of the Town; and (b) Approve and execute an annexation and development agreement ("Annexation and Development Agreement") between the Town and Petitioner, which establishes vested property rights for the Property for an agreed upon term pursuant to Article 68, Title 24, Colorado Revised Statutes, and otherwise establishes the development plan for development of the Property in material conformance with Petitioner's Application. 10. That the Petition is filed on the following additional conditions: (a) Concurrently with its approval of the ordinance for annexation of the Property, the Board: (i) approves for those portions of the Property which are not public right-of-way PUD zoning, all in material conformance with Petitioner's Application; and (ii) approves and authorizes the execution of the Annexation and Development Agreement. (b) Petitioner reserves the right to withdraw this Petition, by so notifying the Town in writing at any point prior to the later to occur of: (i) forty (40) days after the latest effective date of the ordinance(s) approving the annexation of the Property, the Annexation and Development Agreement, or the zoning of the Property as requested pursuant to this Petition, or (ii) any later date contemplated in such Annexation and Development Agreement. (c) Prior to expiration of the period described in the foregoing subparagraph (b) without Petitioner having withdrawn the Petition, neither the Petitioner, nor the Town shall cause or permit the occurrence of the conditions to effectiveness of the annexation as set forth in Section 113(2)(b) of the Annexation Act, it being the intent and the understanding of the Petitioner that the annexation shall become effective only if certified copies of the annexation maps are recorded in the Weld County Clerk and Recorder's office after the periods described in subparagraph (b) have passed without Petitioner having withdrawn the Petition. THEREFORE, PETITIONER RESPECTFULLY REQUESTS that the Board of the Town of Lochbuie, Colorado, approve the annexation of the Property. 004073 1 ITIOHN 12/2/03 1125 AM Town of Lochbuie Petition for Annexation Lochbuie Land I Annexation Page 4 Respectfully submitted this 2nd day of December, 2003. Signature of Landowner/Petitioner: LOCHBUIE LAND I, LLC, a Colorado limited liability company By: Concord Partners LLC, a Colorado limited li lity comp y, s manager N0. i Name: v L. (,v -3241 Title: kiert- Date of Signature: 17..../0710_3 Mailing Address: 1860 Blake Street Suite 400 Denver, Colorado 80202 Attn: Mark Bush Resident of the Property? NO STATE OF COLORADO ) C A 1_ ) COUNTY OF , _L „ . - L__ ) Subscribed and sworn to before me b)l h(% .ke u; fl „-IL -.- >,} )t-c.- (c.,c „,_,_ �,� c- _ , l FtJ c ,,, manager of Lochbuie Land I, LLC, a Colorado limited liability company, this _-,iazi- day of \i,l_et •r,t),v, 2003. t Notary Public V•,A(/ate.0.4o Of tr CO. tit Commission Exgtea02!Vt2 a5 604073.1 JTJOHN 1212:03 119 PM EXHIBIT A Legal Description of the Property Annex Area 1 THAT PART OF SECTIONS 25 &36,TOWNSHIP I NORTH,RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND THAT PART OF SECTIONS 30&31,TOWNSHIP 1 NORTH,RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN,WELD COUNTY, STATE OF COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER 'A CORNER OF SAID SECTION 36, SAID POINT ALSO BEING ON THE WESTERLY LINE OF THE PLAT OF SPACIOUS LIVING FILING NO.4; THENCE NORTH 89°51'40"WEST,A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 37; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE NORTH 00°08'33" WEST,A DISTANCE OF 2639.07 FEET TO A POINT ON COMMON LINE BETWEEN SECTIONS 25 AND 26; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE NORTH 00°13'54"EAST A DISTANCE OF 2642.53 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 'A OF SAID SECTION 25; THENCE ALONG SAID SOUTH LINE SOUTH 89°57'10"WEST,A DISTANCE OF 2610.10 FEET TO THE CENTER ''A CORNER OF SAID SECTION 25; THENCE NORTH 00°07'26"EAST,A DISTANCE OF 661.07 FEET; THENCE NORTH 89°57'10" EAST, A DISTANCE OF 2671.30 FEET TO A POINT ON THE EASTERLY RIGHT- OF-WAY LINE OF SAID WELD COUNTY ROAD 37; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE SOUTH 00°13'41" WEST,A DISTANCE OF 661.08 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 'A OF SECTION 30; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 00°13'54"WEST,A DISTANCE OF 2642.46 FEET TO A POINT ON COMMON LINE BETWEEN SECTIONS 30 AND 31; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 00°08'33" EAST, A DISTANCE OF 1979.19 FEET TO A POINT ON THE NORTH LINE OF SAID SPACIOUS LIVING FILING NO.4; THENCE ALONG SAID NORTH LINE SOUTH 89°51'27" WEST, A DISTANCE OF 30.00 FEET TO THE NORTHWEST CORNER OF SAID SPACIOUS LIVING FILING NO. 4. SAID POINT ALSO BEING ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE ALONG SAID EAST LINE SOUTH 00°08'33 EAST, A DISTANCE OF 660.00 FEET TO THE POINT OF BEGINNING. CONTAINS: 47.35 ACRES MORE OR LESS. BASIS OF BEARINGS: THE EAST LINE OF THE SOUTHEAST ONE QUARTER OF SECTION 25, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M. IS ASSUMED TO BEAR SOUTH 00°13'54" WEST. 604073 I JTJOHN I?/2103 1125 AM EXHIBIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Petitioner Annex Area I Lochbuie Land I THE SOUTH 661.07 FEET OF THE NORTHEAST '/OF SECTIONS 25,TOWNSHIP 1 NORTH,RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, STATE OF COLORADO; EXCEPT ANY PORTION LYING WITH THE RIGHT-OF-WAY OF WELD COUNTY ROAD 37. 604073 1 JTJOHN 12203 1125 AM EXHIBIT C AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and says: That (he or she) was the circulator of the foregoing Petition for xation of the Property to the Town of Lochbuie, Colorado, consisting of 7 pages, including this p e, and that the signature of the petitioner thereon was witnessed by the circulator s the true nd o4inal signature of the person whose name it purports to be, and that the dat of ch sig, is correct. teldr ,__ _ze Circulator STATE OF COLORADO ) n:// .i � ) COUIVY OF ,C<;"2,_Y, z_ ) . Subscribed and sworn to before me by •,— ---c<C, C %i / -, r c_l as /C , �!4" lLc_ of Yr/,c- ,< it ✓�r��:o�_ ) , this '7ct_dayof (. , c 7003. ° ° i 2, l QTAA°45) • Notary Pubic My Commission Expires: 3/4) 0 % oP Co►°O M9 won E0res 02/22/2005 604073 1 1T1O7161 12'_O5 II 25 AM BOARD OF TRUSTEES TOWN OF LOCHBUIE RESOLUTION NO. 2003-26 December 3, 2003 Concord Partners Annexation, Part 2 WHEREAS, a Petition for Annexation (herein "Petition") of certain real property, which is more particularly described in Exhibit A (herein the "Subject Property") which is attached hereto and incorporated herein by reference, was filed with the Board of Trustees of the Town of Lochbuie on December 2, 2003; WHEREAS, the Board of Trustees has reviewed the Petition; WHEREAS, the Board of Trustees wishes to permit the consideration of the Subject Property for annexation to the Town; and WHEREAS, the Board of Trustees desires to adopt by Resolution its findings with regard to the Petition. NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Lochbuie as follows: 1. The legal description of the Subject Property sought to be annexed to the Town of Lochbuie is attached hereto as Exhibit A. 2. The Petition for Annexation of the Subject Property previously filed with the Town is in substantial compliance with C.R.S. §31-12-107(1). 3. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §31-12-104 and C.R.S. §31-12-105. The public hearing will be conducted at the Lochbuie Town Hall, 0152 Poplar Street, Lochbuie, Colorado, at 7:00 p.m. on January 21, 2004. 4. Any person may appear at such hearing and present evidence relative to the proposed annexation. 5. Upon completion of the hearing, the Board of Trustees shall set forth by resolution its findings and conclusions with reference to the eligibility of the Subject Property described in Exhibit A for annexation, and whether the statutory requirements for the proposed annexation have been met. 6. If the Board of Trustees concludes, by Resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of C:\Documents and Settings\bsgreene\My Documents\RESOLUTIONS 2003\2003-26 Blue Lake Annexation.doc Colorado, the Board of Trustees may pass one or more ordinances annexing the Subject Property to the Town of Lochbuie. 7. The decision of the Board of Trustees to annex the Subject property will be entirely within the discretion of the Board of Trustees. Further, the adoption of this Resolution does not commit Lochbuie to annex the Subject Property, but rather, initiates the procedure that will provide the basis for evaluation of the proposed annexation. 8. The decision of the Board of Trustees to annex the Subject Property shall be subject to the preparation, execution and delivery to the Town of an annexation agreement containing such terms and conditions as are required by the Town in its sole and absolute discretion. READ, MOVED, SECONDED AND APPROVED this 3rd day of December 2203. TOWN OF LOCHBUIE By: C< < �Gv /Gum , ,4-1,..7t2izi ayor Town Clerk C:\Documents and Settings\bsgreenc\My Documents\RESOLUTIONS 2003\2003-26 Blue Lake Annexation.doc EXHIBIT A Legal Description of the Property Annex Area 2 THAT PART OF SECTIONS 23,24&25,TOWNSHIP 1 NORTH,RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND THAT PART OF SECTIONS 19&30,TOWNSHIP 1 NORTH,RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN,WELD COUNTY, STATE OF COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST '/4 CORNER OF SAID SECTION 25;THENCE NORTH 89°57'10" EAST,A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 37; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00°13'41" EAST,A DISTANCE OF 661.08 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°57'10" WEST,A DISTANCE OF 2671.30 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 25; THENCE ALONG SAID WEST LINE SOUTH 00°0T26" WEST,A DISTANCE OF 661.07 FEET TO THE CENTER 1/4 CORNER OF SAID SECTION 25; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST 'A OF SAID SECTION 25 SOUTH 89°57'10" WEST, A DISTANCE OF 1296.64 FEET TO A POINT ON THE EASTERLY LINE OF THE SPEER CANAL AS DESCRIBED IN BOOK 406 AT PAGE 282 OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG SAID EASTERLY LINE OF THE SPEER CANAL THE FOLLOWING 12 COURSES: 1. NORTH 10°04'27" WEST,A DISTANCE OF 46.70 FEET; 2. THENCE NORTH 31°14'39" WEST,A DISTANCE OF 201.24 FEET TO A POINT OF CURVATURE; 3. THENCE ALONG A CURVE TO THE RIGHT A DISTANCE OF 364.89 FEET, SAID CURVE HAVING A RADIUS OF 364.19 FEET,A CENTRAL ANGLE OF 57°24'22",AND A CHORD BEARING NORTH 02°32'28" WEST,A DISTANCE OF 349.82 FEET; 4. THENCE NORTH 26°09'43" EAST, A DISTANCE OF 1108.14 FEET TO A POINT OF CURVATURE; 5. THENCE ALONG A CURVE TO THE LEFT,A DISTANCE OF 375.53 FEET, SAID CURVE HAVING A RADIUS OF 404.41 FEET,A CENTRAL ANGLE OF 53°12'16", AND A CHORD BEARING NORTH 00°26'25" WEST A DISTANCE OF 362.18 FEET; 6. THENCE NORTH 27°02'33" WEST,A DISTANCE OF 141.40 FEET TO A POINT OF CURVATURE; 7. THENCE ALONG A CURVE TO THE RIGHT, A DISTANCE OF 207.32 FEET, SAID CURVE HAVING A RADIUS OF 130.00 FEET,A CENTRAL ANGLE OF 91°22'25", AND A CHORD BEARING NORTH 18°38'40" EAST,A DISTANCE OF 186.04 FEET; 8. THENCE NORTH 64°19'52" EAST,A DISTANCE OF 117.31 FEET TO A POINT OF CURVATURE; 9. THENCE ALONG A CURVE TO THE LEFT, A DISTANCE OF 203.43 FEET, SAID CURVE HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 46°37'20", AND A CHORD BEARING NORTH 41°01'12" EAST,A DISTANCE OF 197.86 FEET; 10. THENCE NORTH 17°42'32" EAST,A DISTANCE OF 28.00 FEET TO A POINT OF CURVATURE; 11. THENCE ALONG A CURVE TO THE LEFT, A DISTANCE OF 106.27 FEET, SAID CURVE HAVING A RADIUS OF 230.00 FEET,A CENTRAL ANGLE OF 26°28'27",AND A CHORD BEARING NORTH 04°28'19" EAST, A DISTANCE OF 105.33 FEET; 12. THENCE NORTH 08°45'55" WEST, A DISTANCE OF 87.56 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST 'A OF SAID SECTION 25; THENCE ALONG SAID NORTH LINE SOUTH 89°57'35" WEST,A DISTANCE OF 1965.26 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 35; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE NORTH 00°02'23" WEST,A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 89°57'35" EAST,A DISTANCE OF 2675.70 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY NORTH 89°59'34" EAST,A DISTANCE OF 2675.04 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 37; 604074.' JTJOHN 12/4'03 2:40 PM Town of Lochbuie Petition for Annexation Lochbuie Land I Annexation Page 7 THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE SOUTH 00°13'41" WEST,A DISTANCE OF 2011.35 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE EAST VI CORNER OF SAID SECTION 25;THENCE NORTH 89°57'10" EAST,A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 37;THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00°13'41" EAST,A DISTANCE OF 2211.48 FEET;THENCE SOUTH 89°46'19"WEST,A DISTANCE OF 60.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 37, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 52°17'41" WEST,A DISTANCE OF 655.06 FEET TO A PONT ON THE SOUTHERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 6; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 89°59'34" EAST,A DISTANCE OF 519.86 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID WELD COUNTY ROAD 37; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 00°13'41" WEST,A DISTANCE OF 400.71 FEET TO THE POINT OF BEGINNING CONTAINS: 189.92 ACRES MORE OR LESS BASIS OF BEARINGS: THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 25, TOWNSHIP I NORTH,RANGE 66 WEST IS ASSUMED TO BEAR NORTH 00°13'41" EAST. 604074.I JTIONN 12/4,O3 2:40 PM EXHIBIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Petitioners Annex Area 2 Lochbuie Land I THAT PORTION OF THE NORTHWEST V.OF SECTION 25 LYING EAST OF THE SPEER CANAL AS DESCRIBED IN BOOK 406 AT PAGE 282 OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER,AND THE NORTHEAST '/.OF SECTION 25,TOWNSHIP 1 NORTH,RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN WELD COUNTY, STATE OF COLORADO EXCEPTING THEREFROM THE NORTH 880 FEET OF THE NORTHWEST '/ AND NORTHEAST %OF SAID SECTION 25; ALSO EXCEPTING THEREFROM THE SOUTH 661.07 FEET OF THE NORTHEAST 1/4 OF SAID SECTION 25; ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE RIGHT-OF-WAY OF WELD COUNTY ROADS 6 AND 37. Annex Area 2 Beierle THE NORTH 880 FEET OF THAT PORTION OF THE NORTHWEST '/4 OF SECTION 25 LYING EAST OF THE SPEER CANAL AS DESCRIBED IN BOOK 406 AT PAGE 282 OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER,AND THE NORTH 880 FEET OF THE NORTHEAST '/ OF SECTION 25,TOWNSHIP I NORTH,RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN WELD COUNTY, STATE OF COLORADO; EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE EAST '/ CORNER OF SAID SECTION 25;THENCE NORTH 89°57'10" EAST,A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 37; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00°13'41" EAST,A DISTANCE OF 2211.48 FEET;THENCE SOUTH 89°46'19" WEST,A DISTANCE OF 60.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 37, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 52°17'41" WEST,A DISTANCE OF 655.06 FEET TO A PONT ON THE SOUTHERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 6; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 89°59'34" EAST, A DISTANCE OF 519.86 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID WELD COUNTY ROAD 37; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 00°13'41" WEST,A DISTANCE OF 400.71 FEET TO THE POINT OF BEGINNING ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE RIGHT-OF-WAY OF WELD COUNTY ROADS 6 AND 37. BASIS OF BEARINGS: THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 25,TOWNSHIP 1 NORTH, RANGE 66 WEST IS ASSUMED TO BEAR NORTH 00°13'41" EAST. 604074 I JTJOHN 1214/03 2 40 PM PETITION FOR ANNEXATION TO THE BOARD OF THE TOWN OF LOCHBUIE, COLORADO The undersigned Petitioners, in accordance with the provisions of Sections 31-12-101, et seq., C.R.S., also known as the Municipal Annexation Act of 1965, as amended and in effect on the submission date set forth below ("Annexation Act"), hereby petition the Board of the Town • of Lochbuie, Colorado ("Town") for annexation to the Town of the land described on Exhibit A attached hereto and incorporated herein ("Property"), which is currently within the unincorporated area of Weld County, Colorado. The Petitioners further state to the Board as follows: 1. That it is desirable and necessary that the Property be annexed to the Town. 2. That the Property meets the requirements of Sections 31-12-104 and 31-12-105, C.R.S., in that: (a) Not less than one-sixth (1/6th) of the perimeter of the Property is contiguous with the Town's current municipal boundaries, which contiguity may be established by the annexation of one or more parcels in a series. (b) A community of interest exists between the Property and the Town; the Property is urban or will be urbanized in the near future; and the Property is,integrated with or is capable of being integrated with the Town. (c) Without the consent of the landowners, no land included within the Property which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: (i) is divided into separate parts or parcels, unless such tracts or parcels are separated by a dedicated street, road, or other public way; or (ii) comprises 20 acres or more and, together with the buildings and improvements situated thereon, has a valuation for assessment in excess of$200,000.00 for ad valorem tax purposes for the year next preceding the proposed annexation. (d) The Property is not presently a part of any incorporated city, city and county, or other town; nor have any proceedings been commenced for the incorporation or annexation to another municipality of part or all of the Property; nor has any election for annexation of the Property or substantially the same property to the Town been held within the twelve (12) months immediately preceding the filing of this Petition. (e) The annexation of the Property will not result in the detachment of area from any school district and the attachment of same to another school district. 604074 11TIOHN 12/'//01 1125 AM Town of Lochbuie Petition for Annexation Lochbuie Land I Annexation Page 2 (f) The annexation of the Property will not have the effect of extending the boundary of the Town more than three miles in any direction from any point of the Town's boundary in any one year. (g) If a portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the Property. (h) The annexation of the Property will not deny reasonable access to landowners, owners of an easement, or the owners of a franchise, adjoining any platted street or alley annexed by the Town but not bounded on both sides by the Town. 3. That the Petitioners comprise more than fifty percent (50%) of the landowners in the Property who own more than fifty percent (50%) of said area, excluding public streets and alleys and any land owned by the Town. The portion of the Property owned by Petitioners is more particularly described on Exhibit B attached hereto and incorporated herein by this reference. 4. That the Petitioners comprise the owners of one hundred percent (100%) of the Property within the meaning of Section 107(1)(g) of the Annexation Act. 5. This Petition is accompanied by four prints of an annexation map containing, among other things, the following information: (a) A written legal description of the boundaries of the Property; (b) A showing of the boundary of the Property; (c) A showing of the location of each ownership tract of unplatted land, and, with respect to any area which is platted, the boundaries and the plat numbers of plots or lots and blocks; (d) Next to the boundary of the Property, a drawing of the contiguous boundary of the Town and the contiguous boundary of any other municipality abutting the Property. 6. The affidavit of the circulator of this Petition certifying that each signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit C and is incorporated herein by this reference. 7. That Petitioners signed this Petition for Annexation no more than 180 days prior to the date of the filing of this Petition for Annexation. 8. That upon the annexation of the Property becoming effective, and subject to the conditions set forth in this Petition and to be set forth in the Annexation and Development Agreement (as defined in Section 10 below), the Property shall become subject to the Municipal Code and all laws and ordinances, resolutions, rules and regulations of the Town, except as otherwise set forth in the Annexation and Development Agreement, and except for general property taxes of the Town, which shall become effective January 1 of the next succeeding year following passage of the annexation ordinance. 00,3074 I JTJOHN I2,2 03 1125 AM Town of Lochbuie Petition for Annexation Lochbuie Land I Annexation Page 3 9. A portion of the Property is subject to a purchase agreement between Petitioner Henry Beierle Jr. and Melita Beierle ("Beierle"), as seller, and Petitioner, Lochbuie Land I, LLC, a Colorado limited liability company ("Lochbuie Land"), as purchaser of the Property. Beierle hereby appoints Lochbuie Land as its authorized agent for the purpose of negotiating and securing all applicable zoning, subdivision and development plan approvals necessary for Lochbuie Land to construct single family residences and associated infrastructure on the Property in the manner contemplated by Lochbuie Land's PUD zoning application ("Lochbuie Land's Application"). 10. In connection with the processing of this Petition, the Petitioners request that the Town: (a) Institute zoning approval processes for the Property in accordance with Section 115 of the Annexation Act and the Municipal Code of the Town; and (b) Approve and execute an annexation and development agreement ("Annexation and Development Agreement") between the Town and Lochbuie Land, which establishes vested property rights for the Property for an agreed upon term pursuant to Article 68, Title 24, Colorado Revised Statutes, and otherwise establishes the development plan for development of the Property in material conformance with Lochbuie Land's Application. 11. That the Petition is filed on the following additional conditions: (a) Concurrently with its approval of the ordinance for annexation of the Property, the Board: (i) approves for those portions of the Property which are not public right-of-way PUD zoning, all in material conformance with Lochbuie Land's Application; and (ii) approves and authorizes the execution of the Annexation and Development Agreement. (b) Petitioners reserve the right to withdraw this Petition, by so notifying the Town in writing at any point prior to the later to occur of: (i) forty (40) days after the latest effective date of the ordinance(s) approving the annexation of the Property, the Annexation and Development Agreement, or the zoning of the Property as requested pursuant to this Petition, or (ii) any later date contemplated in such Annexation and Development Agreement. (c) Prior to expiration of the period described in the foregoing subparagraph (b) without Petitioners having withdrawn the Petition, neither the Petitioners, nor the Town shall cause or permit the occurrence of the conditions to effectiveness of the annexation as set forth in Section 113(2)(b) of the Annexation Act, it being the intent and the understanding of the Petitioners that the annexation shall become effective only if certified copies of the annexation maps are recorded in the Weld County Clerk and Recorder's office after the periods described in subparagraph (b) have passed without Petitioners having withdrawn the Petition. THEREFORE, PETITIONERS RESPECTFULLY REQUEST that the Board of the Town of Lochbuie, Colorado, approve the annexation of the Property. Respectfully submitted this 2nd day of December, 2003. 004094 11TIOHN 191'03 11 25 AM Town of Lochbuie Petition for Annexation Lochbuie Land I Annexation Page 4 Signature of Landowners/Petitioners: LOCHBUIE LAND I, LLC, a Colorado limited HENRY BEIERLE JR. and MELITA liability company BEIERLE �/ By: Concord Partners LLC, a Colorado limited By: „Qirr e 40:2L4 9n-' ili comppane�yy, its manager Q By: Putt- B_JLA- , Name: utN Title: a W7� Date of Signature: a U� r e_) klrat� Date of Signature: 121O-2-(O3 Mailing Address: 1943 Weld County Rd. 37 Brighton, Colorado 80603 Mailing Address: 1860 Blake Street Suite 400 Resident of the Property? YES Denver, Colorado 80202 Attn: Mark Bush Resident of the Property? NO STATE OF COLORADO C Tkilf • COUNTY OF Subscribed and sworn to before me by c - as manager of Lochbuie Land I, LLC, a Coloradoijimited liability company, this Liday of .,Lk� . , 2003. 0O.11.D.,ØJ455SSSsSSSt: Q pTA/115) c. c' • Notary Public '311. CO Phiallialtetal Eaves 02/71/2005 6040741 )TJoHN 11207 I.22 PM Town of Lochbuie Petition for Annexation Lochbuie Land I Annexation Page 5 STATE OF COLORADO ) COUNTY OF /i't;i ) Subscribed and sworn to before me by Henry Beierle Jr. this (9 'day of, .r?Jr'I!14.) 2003. n Nikki R.Jto of Notar Public Wael-tki. 7/ a /GuJState of Colorado JJl) _ My Commission Expires 10/21/2006 ; Notary Public STATE OF COLORADO ) ) COUNTY OF ) Subscribed and sworn to before me by Melita Beierle this ay of�3. id(A) l' i a_i Nikki R.John, Notary Public State of Colorado My Commission Expires 10/21/2006 Notary Public 604074 I JTJOHN I_:202 II'_5 AN EXHIBIT A Legal Description of the Property Annex Area 2 THAT PART OF SECTIONS 23, 24&25,TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND THAT PART OF SECTIONS 19&30,TOWNSHIP 1 NORTH,RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN,WELD COUNTY, STATE OF COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST'''A CORNER OF SAID SECTION 25;THENCE NORTH 89°57'10"EAST,A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 37;THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00°13'41" EAST,A DISTANCE OF 661.08 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°57'10"WEST,A DISTANCE OF 2671.30 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 25; THENCE ALONG SAID WEST LINE SOUTH 00°07'26"WEST,A DISTANCE OF 661.07 FEET TO THE CENTER 'A CORNER OF SAID SECTION 25; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST '''A OF SAID SECTION 25 SOUTH 89°57'10"WEST, A DISTANCE OF 1296.64 FEET TO A POINT ON THE EASTERLY LINE OF THE SPEER CANAL AS DESCRIBED IN BOOK 406 AT PAGE 282 OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG SAID EASTERLY LINE OF THE SPEER CANAL THE FOLLOWING 12 COURSES: 1. NORTH 10°04'27" WEST,A DISTANCE OF 46.70 FEET; 2. THENCE NORTH 31°14'39" WEST, A DISTANCE OF 201.24 FEET TO A POINT OF CURVATURE; 3. THENCE ALONG A CURVE TO THE RIGHT A DISTANCE OF 364.89 FEET, SAID CURVE HAVING A RADIUS OF 364.19 FEET,A CENTRAL ANGLE OF 57°24'22",AND A CHORD BEARING NORTH 02°32'28" WEST,A DISTANCE OF 349.82 FEET; 4. THENCE NORTH 26°09'43" EAST,A DISTANCE OF 1108.14 FEET TO A POINT OF CURVATURE; 5. THENCE ALONG A CURVE TO THE LEFT, A DISTANCE OF 375.53 FEET, SAID CURVE HAVING A RADIUS OF 404.41 FEET, A CENTRAL ANGLE OF 53°12'16", AND A CHORD BEARING NORTH 00°26'25"WEST A DISTANCE OF 362.18 FEET; 6. THENCE NORTH 27°02'33" WEST,A DISTANCE OF 141.40 FEET TO A POINT OF CURVATURE; 7. THENCE ALONG A CURVE TO THE RIGHT,A DISTANCE OF 207.32 FEET, SAID CURVE HAVING A RADIUS OF 130.00 FEET,A CENTRAL ANGLE OF 91°22'25",AND A CHORD BEARING NORTH 18°38'40" EAST,A DISTANCE OF 186.04 FEET; 8. THENCE NORTH 64°19'52" EAST,A DISTANCE OF 117.31 FEET TO A POINT OF CURVATURE; 9. THENCE ALONG A CURVE TO THE LEFT, A DISTANCE OF 203.43 FEET, SAID CURVE HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 46°37'20", AND A CHORD BEARING NORTH 41°01'12" EAST, A DISTANCE OF 197.86 FEET; 10. THENCE NORTH 17°42'32" EAST, A DISTANCE OF 28.00 FEET TO A POINT OF CURVATURE; 11. THENCE ALONG A CURVE TO THE LEFT, A DISTANCE OF 106.27 FEET, SAID CURVE HAVING A RADIUS OF 230.00 FEET,A CENTRAL ANGLE OF 26°28'27", AND A CHORD BEARING NORTH 04°28'19" EAST, A DISTANCE OF 105.33 FEET; 12. THENCE NORTH 08°45'55" WEST, A DISTANCE OF 87.56 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST V4 OF SAID SECTION 25; THENCE ALONG SAID NORTH LINE SOUTH 89°57'35" WEST, A DISTANCE OF 1965.26 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 35; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE NORTH 00°02'23" WEST,A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 89°57'35" EAST,A DISTANCE OF 2675.70 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY NORTH 89°59'34" EAST,A DISTANCE OF 2675.04 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 37; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE SOUTH 00°13'41" WEST, A DISTANCE OF 2011.35 FEET TO THE POINT OF BEGINNING; 604074.I JTIOHN 1372/03 1125 AM Town of Lochbuie Petition for Annexation Lochbuie Land I Annexation Page 7 EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE EAST '/.CORNER OF SAID SECTION 25;THENCE NORTH 89°57'10" EAST,A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 37;THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00°13'41" EAST,A DISTANCE OF 2211.48 FEET;THENCE SOUTH 89°46'19"WEST,A DISTANCE OF 60.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 37, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 52°17'41" WEST,A DISTANCE OF 655.06 FEET TO A PONT ON THE SOUTHERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 6; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 89°59'34" EAST, A DISTANCE OF 519.86 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID WELD COUNTY ROAD 37; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 00°13'41" WEST,A DISTANCE OF 400.71 FEET TO THE POINT OF BEGINNING CONTAINS: 189.92 ACRES MORE OR LESS BASIS OF BEARINGS:THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 25,TOWNSHIP I NORTH,RANGE 66 WEST IS ASSUMED TO BEAR NORTH 00°13'41" EAST. ,04074 I ILOHN C/'-03 1115 AMM EXHIBIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Petitioners Annex Area 2 Lochbuie Land I THAT PORTION OF THE NORTHWEST '/ OF SECTION 25 LYING EAST OF THE SPEER CANAL AS DESCRIBED IN BOOK 406 AT PAGE 282 OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER,AND THE NORTHEAST'A OF SECTION 25,TOWNSHIP 1 NORTH,RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN WELD COUNTY, STATE OF COLORADO EXCEPTING THEREFROM THE NORTH 880 FEET OF THE NORTHWEST '/ AND NORTHEAST '/ OF SAID SECTION 25; ALSO EXCEPTING THEREFROM THE SOUTH 661.07 FEET OF THE NORTHEAST 1/4 OF SAID SECTION 25; ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE RIGHT-OF-WAY OF WELD COUNTY ROADS 6 AND 37. Annex Area 2 Beierle THE NORTH 880 FEET OF THAT PORTION OF THE NORTHWEST 'A OF SECTION 25 LYING EAST OF THE SPEER CANAL AS DESCRIBED IN BOOK 406 AT PAGE 282 OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER, AND THE NORTH 880 FEET OF THE NORTHEAST ''OF SECTION 25,TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN WELD COUNTY, STATE OF COLORADO; EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT THE EAST 'A CORNER OF SAID SECTION 25;THENCE NORTH 89°57'10" EAST,A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 37; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00°13'41" EAST, A DISTANCE OF 2211.48 FEET;THENCE SOUTH 89°46'19" WEST, A DISTANCE OF 60.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 37, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 52°17'41" WEST, A DISTANCE OF 655.06 FEET TO A PONT ON THE SOUTHERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 6; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 89°59'34" EAST,A DISTANCE OF 519.86 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAID WELD COUNTY ROAD 37; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 00°13'41" WEST. A DISTANCE OF 400.71 FEET TO THE POINT OF BEGINNING ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE RIGHT-OF-WAY OF WELD COUNTY ROADS 6 AND 37. BASIS OF BEARINGS: THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SECTION 25,TOWNSHIP 1 NORTH,RANGE 66 WEST IS ASSUMED TO BEAR NORTH 00°13'41" EAST. 604074 11TJOHN I''2/03 I I..5 AM EXHIBIT C AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and says: That (he or she) was the circulator of the foregoing Petition f exation of the Property to the Town of Lochbuie, Colorado, consisting of 9 pages, in din this page, and that the signatures of the petitioners thereon were witnessed by the circula and e the true and original signature of the persons whose name they purport to be, and that th" date i attires are correct. /0,-i / Circulator yaT,ATE OF COLORADO ) c_Li-Ufi COUTY OF L a t.--t t_ ) Subscribed and sworn to before me by CJcl{cc a(6 i - - kk.C , as , • , -_cam_ tc, of -1,-4,-ILc•:1C" > _ ,- AL 6_i _ , this J+-<<.day of ,L,t a . . , 2003. Notary Publ�c ;'.¢�• - •I- aw ��i f 5 i i My Commission Expires: -> )tt,o log:- i • i raiai'Vj V@L.%.Og - ellthafthn Bores=nu 001074 1 JTJOHN 12'-03 I 1 25 AM EXHIBIT C AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and says: That (he or she) was the circulator of the foregoing Petition for Annexation of the Property to the Town of Lochbuie, Colorado, consisting of 9 pages, including this page, and that the signatures of the petitioners thereon were witnessed by the circulator and are the true and original signature of the persons whose name they purport to be, and that the dates of such signatures are correct.ae.A.,2-1-°-- / Circulator STATE OF COLORADO // COUNTY OF Adds /1 Subscribed and sworn to b ore me y t-/7r 9' e/fa / et I� as `( �//�(�(�/.��y. � � 7 of b/fa /Q - Q77 �aris c day of c P./Y1 03. Notary Public My Commission Expires: ID 604071 1 JTJOHN 12 20J 1 33 PM BOARD OF TRUSTEES TOWN OF LOCHBUIE RESOLUTION NO. 2003-27 December 3, 2003 Concord Partners Annexation, Part 3 WHEREAS, a Petition for Annexation (herein "Petition") of certain real property, which is more particularly described in Exhibit A (herein the "Subject Property") which is attached hereto and incorporated herein by reference, was filed with the Board of Trustees of the Town of Lochbuie on December 2, 2003; WHEREAS, the Board of Trustees has reviewed the Petition; WHEREAS, the Board of Trustees wishes to permit the consideration of the Subject Property for annexation to the Town; and WHEREAS, the Board of Trustees desires to adopt by Resolution its findings with regard to the Petition. NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Lochbuie as follows: 1. The legal description of the Subject Property sought to be annexed to the Town of Lochbuie is attached hereto as Exhibit A. 2. The Petition for Annexation of the Subject Property previously filed with the Town is in substantial compliance with C.R.S. §31-12-107(1). 3. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §31-12-104 and C.R.S. §31-12-105. The public hearing will be conducted at the Lochbuie Town Hall, 0152 Poplar Street, Lochbuie, Colorado, at 7:00 p.m. on January 21, 2004. • 4. Any person may appear at such hearing and present evidence relative to the proposed annexation. 5. Upon completion of the hearing, the Board of Trustees shall set forth by resolution its findings and conclusions with reference to the eligibility of the Subject Property described in Exhibit A for annexation, and whether the statutory requirements for the proposed annexation have been met. 6. If the Board of Trustees concludes, by Resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of C:\Documents and Settings\bsgreene\My Documents\RESOLUTIONS 2003\2003-27 Blue Lake Annexation.doc Colorado, the Board of Trustees may pass one or more ordinances annexing the Subject Property to the Town of Lochbuie. 7. The decision of the Board of Trustees to annex the Subject property will be entirely within the discretion of the Board of Trustees. Further, the adoption of this Resolution does not commit Lochbuie to annex the Subject Property, but rather, initiates the procedure that will provide the basis for evaluation of the proposed annexation. 8. The decision of the Board of Trustees to annex the Subject Property shall be subject to the preparation, execution and delivery to the Town of an annexation agreement containing such terms and conditions as are required by the Town in its sole and absolute discretion. READ, MOVED, SECONDED AND APPROVED this 3`d day of December 2203. TOWN OF LOCHBUIE By: (Co Mayor Town Clerk C:\Documents and Settings\bsgreene\My Documents\RESOLUTIONS 2003\2003-27 Blue Lake Annexation.doc EXHIBIT A Legal Description of the Property Annex Area 3 THAT PART OF SECTIONS 25 &26,TOWNSHIP I NORTH,RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN,WELD COUNTY, STATE OF COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST '/ CORNER OF SAID SECTION 25,THENCE SOUTH 89°57'10" WEST,A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 35; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE NORTH 00°00'31"EAST,A DISTANCE OF 2644.58 FEET; THENCE NORTH 89°57'35" EAST,A DISTANCE OF 30.00 FEET TO THE NORTHWEST CORNER OF SAID SECTION 25; THENCE ALONG THE NORTH LINE OF THE NORTHWEST %OF SAID SECTION 25 NORTH 89°57'35" EAST, A DISTANCE OF 1935.26 FEET TO A POINT ON THE EASTERLY LINE OF THE SPEER CANAL AS DESCRIBED IN BOOK 406 AT PAGE 282 OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG SAID EASTERLY LINE SOUTH 08°45'55"EAST,A DISTANCE OF 30.35 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 89°57'35" WEST,A DISTANCE OF 617.05 FEET; THENCE SOUTH 00°03'59" WEST,A DISTANCE OF 850.00 FEET; THENCE NORTH 89°57'35" EAST,A DISTANCE OF 332.53 FEET TO A POINT ON THE WESTERLY LINE SAID SPEER CANAL, SAID POINT ALSO BEING A POINT OF CURVATURE; THENCE ALONG THE WESTERLY LINE OF SAID SPEER CANAL THE FOLLOWING 5 COURSES: 1. ALONG A CURVE TO THE RIGHT A DISTANCE OF 167.80 FEET, SAID CURVE HAVING A RADIUS OF 314.41 FEET,A CENTRAL ANGLE OF 30°34'41", AND A CHORD BEARING SOUTH 10°52'22" WEST, A DISTANCE OF 165.81 FEET; 2. THENCE SOUTH 26°09'43" WEST,A DISTANCE OF 1108.14 FEET TO A POINT OF CURVATURE; 3. THENCE ALONG A CURVE TO THE LEFT A DISTANCE OF 455.06 FEET, SAID CURVE HAVING A RADIUS OF 454.19 FEET, A CENTRAL ANGLE OF 57°2422", AND A CHORD BEARING SOUTH 02°32'26" EAST,A DISTANCE OF 436.27 FEET; 4. THENCE SOUTH 31°14'39" EAST, A DISTANCE OF 184.42 FEET; 5. THENCE SOUTH 10°04'26" EAST, A DISTANCE OF 13.97 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST 'IA; THENCE ALONG SAID SOUTH LINE SOUTH 89°57'10" WEST,A DISTANCE OF 1252.34 FEET TO THE POINT OF BEGINNING. CONTAINS: 82.42 ACRES MORE OR LESS BASIS OF BEARINGS: THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 25, TOWNSHIP 1 NORTH, RANGE 66 WEST IS ASSUMED TO BEAR NORTH 89°57'35" EAST. 604075.1 JTJOHN 1214/03 2.42 PM EXHIBIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Petitioner Annex Area 3 Lochbuie Land I THAT PART OF SECTIONS 25 &26,TOWNSHIP 1 NORTH,RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN,WELD COUNTY, STATE OF COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST '/4 CORNER OF SAID SECTION 25,THENCE SOUTH 89°57'10" WEST,A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 35; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE NORTH 00°00'31" EAST,A DISTANCE OF 2644.58 FEET; THENCE NORTH 89°57'35" EAST,A DISTANCE OF 30.00 FEET TO THE NORTHWEST CORNER OF SAID SECTION 25; THENCE ALONG THE NORTH LINE OF THE NORTHWEST '/4 OF SAID SECTION 25 NORTH 89°57'35" EAST, A DISTANCE OF 1935.26 FEET TO A POINT ON THE EASTERLY LINE OF THE SPEER CANAL AS DESCRIBED IN BOOK 406 AT PAGE 282 OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG SAID EASTERLY LINE SOUTH 08°45'55" EAST,A DISTANCE OF 30.35 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 89°57'35" WEST,A DISTANCE OF 617.05 FEET; THENCE SOUTH 00°03'59" WEST,A DISTANCE OF 850.00 FEET; THENCE NORTH 89°5T35" EAST,A DISTANCE OF 332.53 FEET TO A POINT ON THE WESTERLY LINE SAID SPEER CANAL, SAID POINT ALSO BEING A POINT OF CURVATURE; THENCE ALONG THE WESTERLY LINE OF SAID SPEER CANAL THE FOLLOWING 5 COURSES: 1. ALONG A CURVE TO THE RIGHT A DISTANCE OF 167.80 FEET, SAID CURVE HAVING A RADIUS OF 314.41 FEET,A CENTRAL ANGLE OF 30°34'41", AND A CHORD BEARING SOUTH 10°52'22" WEST,A DISTANCE OF 165.81 FEET; 2. THENCE SOUTH 26°09'43" WEST,A DISTANCE OF 1108.14 FEET TO A POINT OF CURVATURE; 3. THENCE ALONG A CURVE TO THE LEFT A DISTANCE OF 455.06 FEET, SAID CURVE HAVING A RADIUS OF 454.19 FEET,A CENTRAL ANGLE OF 57°24'22",AND A CHORD BEARING SOUTH 02°32'26" EAST, A DISTANCE OF 436.27 FEET; 4. THENCE SOUTH 31°14'39" EAST,A DISTANCE OF 184.42 FEET; 5. THENCE SOUTH 10°04'26" EAST, A DISTANCE OF 13.97 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST ''A; THENCE ALONG SAID SOUTH LINE SOUTH 89°57'10" WEST,A DISTANCE OF 1252.34 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE RIGHT-OF-WAY OF WELD COUNTY ROADS 6 AND 35. BASIS OF BEARINGS: THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 25, TOWNSHIP I NORTH,RANGE 66 WEST IS ASSUMED TO BEAR NORTH 89°57'35" EAST. 604075.1 JTIOHN 1254/0)2:42 PM PETITION FOR ANNEXATION TO THE BOARD OF THE TOWN OF LOCHBUIE, COLORADO The undersigned Petitioner, in accordance with the provisions of Sections 31-12-101, et seq., C.R.S., also known as the Municipal Annexation Act of 1965, as amended and in effect on the submission date set forth below ("Annexation Act"), hereby petitions the Board of the Town of Lochbuie, Colorado ("Town") for annexation to the Town of the land described on Exhibit A attached hereto and incorporated herein ("Property"), which is currently within the unincorporated area of Weld County, Colorado. The Petitioner further states to the Board as follows: 1. That it is desirable and necessary that the Property be annexed to the Town. 2. That the Property meets the requirements of Sections 31-12-104 and 31-12-105, C.R.S., in that: (a) Not less than one-sixth (1/6th) of the perimeter of the Property is contiguous with the Town's current municipal boundaries, which contiguity may be established by the annexation of one or more parcels in a series. (b) A community of interest exists between the Property and the Town; the Property is urban or will be urbanized in the near future; and the Property is integrated with or is capable of being integrated with the Town. (c) Without the consent of the landowners, no land included within the Property which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: (i) is divided into separate parts or parcels, unless such tracts or parcels are separated by a dedicated street, road, or other public way; or (ii) comprises 20 acres or more and, together with the buildings and improvements situated thereon, has a valuation for assessment in excess of$200,000.00 for ad valorem tax purposes for the year next preceding the proposed annexation. (d) The Property is not presently a part of any incorporated city, city and county, or other town; nor have any proceedings been commenced for the incorporation or annexation to another municipality of part or all of the Property; nor has any election for annexation of the Property or substantially the same property to the Town been held within the twelve (12) months immediately preceding the filing of this Petition. (e) The annexation of the Property will not result in the detachment of area from any school district and the attachment of same to another school district. 004015 I JTJOHN IJ^_.03 II'6 AM Town of Lochbuie Petition for Annexation Lochbuie Land I Annexation Page 2 (f) The annexation of the Property will not have the effect of extending the boundary of the Town more than three miles in any direction from any point of the Town's boundary in any one year. (g) If a portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the Property. (h) The annexation of the Property will not deny reasonable access to landowners, owners of an easement, or the owners of a franchise, adjoining any platted street or alley annexed by the Town but not bounded on both sides by the Town. 3. That the Petitioner comprises more than fifty percent (50%) of the landowners in the Property who own more than fifty percent (50%) of said area, excluding public streets and alleys and any land owned by the Town. The portion of the Property owned by Petitioner is more particularly described on Exhibit B attached hereto and incorporated herein by this reference. 4. That the Petitioner owns one hundred percent (100%) of the Property within the meaning of Section 107(1)(g) of the Annexation Act. 5. This Petition is accompanied by four prints of an annexation map containing, among other things, the following information: (a) A written legal description of the boundaries of the Property; (b) A showing of the boundary of the Property; (c) A showing of the location of each ownership tract of unplatted land, and, with respect to any area which is platted, the boundaries and the plat numbers of plots or lots and blocks; (d) Next to the boundary of the Property, a drawing of the contiguous boundary of the Town and the contiguous boundary of any other municipality abutting the Property. 6. The affidavit of the circulator of this Petition certifying that each signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit C and is incorporated herein by this reference. 7. That Petitioner signed this Petition for Annexation no more than 180 days prior to the date of the filing of this Petition for Annexation. 8. That upon the annexation of the Property becoming effective, and subject to the conditions set forth in this Petition and to be set forth in the Annexation and Development Agreement (as defined in Section 9 below), the Property shall become subject to the Municipal Code and all laws and ordinances, resolutions, rules and regulations of the Town, except as otherwise set forth in the Annexation and Development Agreement, and except for general property taxes of the Town, which shall become effective January 1 of the next succeeding year following passage of the annexation ordinance. &04075 I JTJOHN 12/2(11 II 2t.AM Town of Lochbuie Petition for Annexation Lochbuie Land I Annexation Page 3 9. In connection with the processing of this Petition, the Petitioner requests that the Town: (a) Institute zoning approval processes for the Property in accordance with Section 115 of the Annexation Act and the Municipal Code of the Town; and (b) Approve and execute an annexation and development agreement ("Annexation and Development Agreement") between the Town and Petitioner, which establishes vested property rights for the Property for an agreed upon term pursuant to Article 68, Title 24, Colorado Revised Statutes, and otherwise establishes the development plan for development of the Property in material conformance with Petitioner's Application. 10. That the Petition is filed on the following additional conditions: (a) Concurrently with-its approval of the ordinance for annexation of the Property, the Board: (i) approves for those portions of the Property which are not public right-of-way PUD zoning, all in material conformance with Petitioner's Application; and (ii) approves and authorizes the execution of the Annexation and Development Agreement. (b) Petitioner reserves the right to withdraw this Petition, by so notifying the Town in writing at any point prior to the later to occur of: (i) forty (40) days after the latest effective date of the ordinance(s) approving the annexation of the Property, the Annexation and Development Agreement, or the zoning of the Property as requested pursuant to this Petition, or (ii) any later date contemplated in such Annexation and Development Agreement. (c) Prior to expiration of the period described in the foregoing subparagraph (b) without Petitioner having withdrawn the Petition, neither the Petitioner, nor the Town shall cause or permit the occurrence of the conditions to effectiveness of the annexation as set forth in Section 113(2)(b) of the Annexation Act, it being the intent and the understanding of the Petitioner that the annexation shall become effective only if certified copies of the annexation maps are recorded in the Weld County Clerk and Recorder's office after the periods described in subparagraph (b) have passed without Petitioner having withdrawn the Petition. THEREFORE, PETITIONER RESPECTFULLY REQUESTS that the Board of the Town of Lochbuie, Colorado, approve the annexation of the Property. 604075 1 JTJOHN 1?R/03 11'_'6 AM Town of Lochbuie Petition for Annexation Lochbuie Land I Annexation Page 4 Respectfully submitted this 2nd day of December, 2003. Signature of Landowner/Petitioner: LOCHBUIE LAND I, LLC, a Colorado limited liability company By: Concord Partners LLC, a Colorado limited habil' c mpany ' manager to Name: B.r*1 Title: LTC Date of Signature: I Li o ZIci3 Mailing Address: 1860 Blake Street Suite 400 Denver, Colorado 80202 Attn: Mark Bush Resident of the Property? NO STATE OF COLORADO COUNFY OF C_'� ) Subscribed and sworn to before me by 4 (L.,„ „t tt i : _ , , C as manager of Lochbuie Land I, LLC, a Colorado limited liability company, this ',)k, day of 11. J. 2003. _ 't4 D.'Q O14 % afa $ 1/ I Notary Public aaltj 3 vBL�O'o CO. _ Iteourdsslenepos 604075 I ITIOHN 12/2'03 124 PM EXHIBIT A Legal Description of the Property Annex Area 3 THAT PART OF SECTIONS 25&26,TOWNSHIP 1 NORTH,RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN,WELD COUNTY, STATE OF COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST 1/4 CORNER OF SAID SECTION 25,THENCE SOUTH 89°5T10"WEST,A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 35; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE NORTH 00°00'31" EAST, A DISTANCE OF 2644.58 FEET; THENCE NORTH 89°57'35"EAST,A DISTANCE OF 30.00 FEET TO THE NORTHWEST CORNER OF SAID SECTION 25; THENCE ALONG THE NORTH LINE OF THE NORTHWEST '/<OF SAID SECTION 25 NORTH 89°57'35"EAST, A DISTANCE OF 1935.26 FEET TO A POINT ON THE EASTERLY LINE OF THE SPEER CANAL AS DESCRIBED IN BOOK 406 AT PAGE 282 OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG SAID EASTERLY LINE SOUTH 08°45'55" EAST,A DISTANCE OF 30.35 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 89°57'35"WEST, A DISTANCE OF 617.05 FEET; THENCE SOUTH 00°03'59" WEST,A DISTANCE OF 850.00 FEET; THENCE NORTH 89°57'35" EAST, A DISTANCE OF 332.53 FEET TO A POINT ON THE WESTERLY LINE SAID SPEER CANAL, SAID POINT ALSO BEING A POINT OF CURVATURE: THENCE ALONG THE WESTERLY LINE OF SAID SPEER CANAL THE FOLLOWING 5 COURSES: 1. ALONG A CURVE TO THE RIGHT A DISTANCE OF 167.80 FEET, SAID CURVE HAVING A RADIUS OF 314.41 FEET, A CENTRAL ANGLE OF 30°34'41",AND A CHORD BEARING SOUTH 10°52'22" WEST,A DISTANCE OF 165.81 FEET; 2. THENCE SOUTH 26°09'43" WEST, A DISTANCE OF 1108.14 FEET TO A POINT OF CURVATURE; 3. THENCE ALONG A CURVE TO THE LEFT A DISTANCE OF 455.06 FEET, SAID CURVE HAVING A RADIUS OF 454.19 FEET, A CENTRAL ANGLE OF 57°24'22", AND A CHORD BEARING SOUTH 02°32'26" EAST, A DISTANCE OF 436.27 FEET; 4. THENCE SOUTH 31°14'39" EAST, A DISTANCE OF 184.42 FEET; 5. THENCE SOUTH 10°04'26" EAST, A DISTANCE OF 13.97 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST '/<; THENCE ALONG SAID SOUTH LINE SOUTH 89°57'10"WEST,A DISTANCE OF 1252.34 FEET TO THE POINT OF BEGINNING. • CONTAINS: 82.42 ACRES MORE OR LESS BASIS OF BEARINGS: THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 25, TOWNSHIP 1 NORTH, RANGE 66 WEST IS ASSUMED TO BEAR NORTH 89°57'35" EAST. 6114075 JTJQHN L?/03 I I.26 AM EXHIBIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Petitioner Annex Area 3 Lochbuie Land I THAT PART OF SECTIONS 25 &26,TOWNSHIP 1 NORTH,RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN,WELD COUNTY, STATE OF COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST''/ CORNER OF SAID SECTION 25,THENCE SOUTH 89°5T10"WEST,A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 35; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE NORTH 00°00'31" EAST, A DISTANCE OF 2644.58 FEET; THENCE NORTH 89°5T35" EAST,A DISTANCE OF 30.00 FEET TO THE NORTHWEST CORNER OF SAID SECTION 25; THENCE ALONG THE NORTH LINE OF THE NORTHWEST '/4 OF SAID SECTION 25 NORTH 89°57'35" EAST, A DISTANCE OF 1935.26 FEET TO A POINT ON THE EASTERLY LINE OF THE SPEER CANAL AS DESCRIBED IN BOOK 406 AT PAGE 282 OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG SAID EASTERLY LINE SOUTH 08°45'55"EAST, A DISTANCE OF 30.35 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 6; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 89°57'35"WEST,A DISTANCE OF 617.05 FEET; THENCE SOUTH 00°03'59" WEST,A DISTANCE OF 850.00 FEET; THENCE NORTH 89°5T35" EAST, A DISTANCE OF 332.53 FEET TO A POINT ON THE WESTERLY LINE SAID SPEER CANAL, SAID POINT ALSO BEING A POINT OF CURVATURE; THENCE ALONG THE WESTERLY LINE OF SAID SPEER CANAL THE FOLLOWING 5 COURSES: 1. ALONG A CURVE TO THE RIGHT A DISTANCE OF 167.80 FEET, SAID CURVE HAVING A RADIUS OF 314.41 FEET, A CENTRAL ANGLE OF 30°34'41", AND A CHORD BEARING SOUTH 10°52'22" WEST,A DISTANCE OF 165.81 FEET; 2. THENCE SOUTH 26°09'43" WEST, A DISTANCE OF 1108.14 FEET TO A POINT OF CURVATURE; 3. THENCE ALONG A CURVE TO THE LEFT A DISTANCE OF 455.06 FEET, SAID CURVE HAVING A RADIUS OF 454.19 FEET, A CENTRAL ANGLE OF 57°24'22", AND A CHORD BEARING SOUTH 02°32'26" EAST,A DISTANCE OF 436.27 FEET; 4. THENCE SOUTH 31°14'39" EAST,A DISTANCE OF 184.42 FEET: 5. THENCE SOUTH 10°04'26" EAST,A DISTANCE OF 13.97 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST %; THENCE ALONG SAID SOUTH LINE SOUTH 89°57'10" WEST, A DISTANCE OF 1252.34 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE RIGHT-OF-WAY OF WELD COUNTY ROADS 6 AND 35. BASIS OF BEARINGS: THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 25. TOWNSHIP 1 NORTH, RANGE 66 WEST IS ASSUMED TO BEAR NORTH 89°57'35" EAST. 604075.1 JTJOHN 12/2/03 II-26 AM EXHIBIT C AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and says: That (he or she) was the circulator of the foregoing Petiti for •. - . 'azkof the Property to the Town of Lochbuie, Colorado, consisting of 7 pages, includi this .age, and that the signature of the petitioner thereon was witnessed by the circulator 'd the r - and origin.1 signature of the person whose name it purports to be, and that the dat of s h signat i re orrect. Circulator STATE OF COLORADO ) C, COUNTY OF �, ) Subscribed and sworn to before me by '� cc<< ,c h: , as C �_ ,cL:LC [, _i of T-_ -i,�-mac :—_ r� , ( /a. -4L , this Ok,L_day of ��c 4t , 2003. Notary Public t • o' • My Commission Expires: 91 L)c-- 31 dti A • 1 -Viso. QO; WOnalsslonBass 0222e2005 604075 1TIOI4N 1]/'403 1126 AM Hello