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HomeMy WebLinkAbout20012640.tiff _yr of GrreCiteele 7: I 7 n i[ September 12, 2001 R Lam' ,• _\I TO: Weld County Commissioners Weld County Attorney's Office Weld Library District Aims Community College North Colorado Water Conservancy District Greeley/Weld School District Six FROM: Cheryl Aragon, Deputy City Clerk SUBJECT: Meyer Farm No. 2 Annexation The Greeley City Council received a petition for annexation of property located generally at the southwest corner of U.S. Highway 34 Bypass and 65`h Avenue, known as the Meyer Farm No. 2 Annexation. Your taxing district/jurisdiction is listed as being one of which the territory proposed for annexation is a part. A public hearing will be held on Tuesday, October 16, 2001, to determine whether this property is eligible for annexation. A copy of the notice of public hearing, a copy of the resolution which sets the public hearing, and a copy of the petition(s) as filed are attached. As indicated in the notice and resolution, the public hearing will be held: October 16, 2001 6:30 p.m. City Council Chambers Public Safety Building 919 Seventh Street Greeley, Colorado If additional information is desired or if you have questions, please call the City Clerk's Office at 350-9743. S'&&& etLi /70% .'A//Aid)-1/?d) it, fe, x.72K6�') SERVING OUR COMMUNITY • I T ' S A TRADITI 2001-2640 We promise/preserve andimprove/Se pally Trifle`or Yreefey i rovyfi/ime�, courteous and cos/ejJecliue service. PLEASE PUBLISH THE ATTACHED NOTICE AND RESOLUTIONS ON THE FOLLOWING DATES (PLEASE CONFIRM WITH INSERTION NUMBERS BY RETURN E-MAIL OR FAX) 1. September 7, 2001 2. September 14, 2001 3. September 21, 2001 4. September 28, 2001 Account Number 411030-7418 NOTICE Notice is hereby given that the City Council of Greeley, Colorado, will hold a public hearing on a proposed annexation of territory to the City of Greeley. The hearing shall be held on October 16,2001, in the City Council Chambers of the Public Safety Building, 919 7th Street, in the City of Greeley, Colorado,beginning at 6:30 p.m. or as soon thereafter as the matter can be heard by the City Council on that date. The purpose of the hearing is to determine whether said property is eligible for annexation under Colorado law. Persons wishing to examine the annexation petition,resolution,and any exhibits thereto,may do so at the office of the City Clerk during business hours. This territory is described in an annexation petition which has been filed with the City Clerk as: • the "Meyer Farm Annexation #2" located generally at the southwest corner of U.S. Highway 34 Bypass and 65`h Avenue. Dated this 4th day of September, 2001. Betsy Holder City Clerk CITY OF GREELEY, COLORADO RESOLUTION NO. , 2001 A RESOLUTION FOR THE MEYER FARM ANNEXATION #2 PETITION FINDING SUBSTANTIAL COMPLIANCE WITH STATE ANNEXATION LAWS AND SETTING A HEARING FOR CONSIDERATION OF AN ANNEXATION FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF U.S. HIGHWAY 34 BYPASS AND 65TH AVENUE WHEREAS, Dale Boehner on behalf of Ashcroft LLC submitted a petition to the City of Greeley for annexation of property located generally at the southwest comer of U.S. Highway 34 Bypass and 65th Avenue in Weld County, Colorado known as the "Meyer Farm Annexation #2",more specifically described as Exhibit A; and WHEREAS, the City of Greeley staff has found substantial compliance of the annexation petition in conformance with C.R.S., § 31-12-101, et seq.; WHEREAS, C.R.S., § 31-12-108 requires that the City Council establish a date, time, and place to hold a hearing to determine if the proposed annexation complies with § § 31-12-104 and 31-12-105, or such parts thereof, to establish eligibility for annexation to the City of Greeley; and WHEREAS, the City Clerk shall deliver notice and publish the date, time, and place for said hearing. NOW THEREFORE, BE IT RESOLVED BY THE GREELEY CITY COUNCIL OF THE CITY OF GREELEY, COLORADO. 1. The annexation petition is found to comply with C.R.S., § § 31-12-104 and 31- 12-105. 2. The public hearing for consideration of the proposed annexation petition is hereby set for October 16, 2001, at the Greeley City Council Chambers, 919 7`h Street, Greeley, Colorado, during a regular City Council meeting beginning at 6:30 p.m. 3. The City Clerk is hereby authorized to publish and notify required parties pursuant to C.R.S., § 31-12-108(2). 4. This resolution shall become effective immediately upon its passage. PROPERTY DESCRIPTION A parcel of land being part of the Southwest Quarter(SW 1/4) of Section Twenty-one(21), Township Five North(T.5N.),Range Sixty-six West(R.66W.) Of the Sixth Principal Meridian (6`h P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the North Quarter Corner of Said Section 21 and assuming the East line of the W1/2 of said Section 21 as bearing South 00°47'55" East,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92, a distance of 5305.41 feet with all other bearings contained herein relative thereto: THENCE South 00°47'55" East along said East line a distance of 4080.57 feet to the South line of Meyer Farm Annexation as recorded in the records of the Weld County Clerk and Recorder as Reception#2832632, Recorded 3-15-2001; Said point being the TRUE POINT OF BEGINNING. THENCE North 89°12'05" East along said South line a distance of 30.00 feet to the Easterly Right-of-Way(ROW) line of 65th Avenue; THENCE South 00°47'55" East along said Easterly ROW line a distance of 342.01 feet; THENCE South 89°12'05" West a distance of 500.56 feet; THENCE North 62°18'47" West a distance of 717.10 feet to the South line of said Meyer Farm Annexation; THENCE North 89°12'05" East a distance of 1100.84 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 6.404 Acres, more or less (±) and is subject to any rights- of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. PASSED,AND ADOPTED, SIGNED AND APPROVED this day of , 2001. ATTEST: THE CITY OF GREELEY, COLORADO By: City Clerk Mayor PETITION FOR ANNEXATION MEYER FARM ANNEXATION TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GREELEY, COLORADO: The undersigned in accordance with Title 31, Article 12, Chapters 101 et. seq., Colorado Revised Statutes, 1973, as amended,hereby petition the City Council of the City of Greeley for annexation to the City of Greeley of the territory described herein and described and shown on the map designated, "Meyer Farm Annexation#2". Eight(8) copies of said map are submitted herewith and by this reference are incorporated herein. The description of the territory hereby petitioned for annexation to the City of Greeley is set forth in Exhibit C attached hereto and incorporated herein by reference. In support of this petition,the Petitioner(s) allege(s) that: 1. It is desirable and necessary that the above-described territory be annexed to the City of Greeley. 2. The requirements of Section 31-12-104 and 31-12-105 of the Colorado Revised Statutes exist or have been met in that: A. Not less than one-sixth(1/6)of the perimeter of the area proposed to be annexed is contiguous with the City of Greeley. B. A community of interest exists between the territory proposed to be annexed and the city of Greeley. C. The territory sought to be is urban or will be urbanized in the near future. D. The territory sought to be annexed is integrated or is capable of being integrated with the City of Greeley. 3. In establishing the boundaries of the territory proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has/have been divided into separate parts or parcels of real estate without the written consent of the land owner or land owners thereof, except and unless where tracts or parcels are already separated by a dedicated street, road or other public way. 4. In establishing the boundaries of the territory proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising twenty (20) acres or more which, together with the buildings and improvements situated thereon have an assessed valuation in access of$200,000 for ad valorem tax purposes for the year next preceding the filing of the written petition for annexation,has/have been included within the territory proposed to be annexed without the written consent of the land owner or land owners. 5. The territory proposed to be annexed does not include any area which is the same or substantially the same area in which an election for an annexation to the City of Greeley was held within the twelve months preceding the filing of this petition. 6. The territory proposed to be annexed does not include any area included in another annexation proceeding involving a city Other than the City of Greeley. 7. The territory proposed to be annexed is not presently a part of any incorporated city, city and county, or town. 8. The property owned by each petitioner is described on each separate signature sheet and, when needed, described more fully in the exhibits attached hereto and incorporated herein by reference. 9. The signer(s) of this petition comprise(s) more than fifty percent(50%) of the land owners and owning more than fifty percent(50%)of the property, excluding public streets and alleys, and any land owned by the annexing municipality, and are, in fact:owners of one hundred percent (100%) of the properly set forth in Exhibit C attached hereto and incorporated herein by reference. Accompanying this petition are eight copies of an annexation plat map containing the following information: A. A written legal description of the boundaries of the area proposed to be annexed. B. A map showing the boundary of the area proposed to be annexed. C. Within the annexation boundary map, an identification of the location of each ownership tract in unplatted land and, if part or all of the area is platted,the boundaries and the plat numbers of plots or of lots and blocks Also within the boundary map identification of any special districts the area proposed to be annexed may be part of. D.Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. E. A surveyor's certificate prepared by a registered land surveyor that attests to the preparation of the map and certifies at least one-sixth(1/6) contiguity to the City of Greeley. F. Acceptance block describing the acceptance action of the City of Greeley and providing for the effective date and City Clerk and Mayor attest signatures. G. Notary public signature block, attesting to the authority of the Mayor to execute acceptance of the annexation. 10. Except as otherwise provided,no part of the territory sought to be annexed is more than three miles from a point on the municipal boundary, as such was established more than one year before this annexation will become effective. 11. As an expressed condition of annexation, land owner(s) consent(s)to inclusion into the Northern Colorado Water Conservancy District and the municipal subdistrict to Section 37-45-136 (3.6) C.R.S. Land owner(s) acknowledge(s)that, upon inclusion into the district and subdistrict, land owner's(s')property will be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the district and subdistrict at the time of inclusion of land owner's(s) lands. Land owner(s) agree(s)to waive any right to an election which may exist to require an election pursuant to Article X, Section 20, of the Colorado Constitution before the district and subdistrict can impose such mill levies and special assessments as it has the authority to impose. Land owner(s) also agree(s)to waive, upon inclusion, any right which may exist to a refund pursuant to Article X, Section 20, of the Colorado Constitution. THEREFORE the undersigned respectfully petition(s)the City Council of the City of Greeley, to annex the territory described and referred to in Exhibit C to the City of Greeley in accordance with and pursuant to the statutes of the State of Colorado. Owner : Ashcroft Draw, LLC 6371 W. 37th Street Greeley, CO 80 34 By: B : � 4 - it -d( Dale Boehner, Manager Date The foregoing signature(s)was/were subscribed and sworn to before me this Al. day of 1 1)(11 , 2001 by Witness my hand and official seal. (l4h �,[Z _ My commission expires / -e/-2ct7 . N tary Public LAIRA L. ZIEGLER NOTARY PUBLIC STATE OF COLORADO My Gommnsio,Expires 01/09/90(4 MEYER FARM ANNEXATION City of Greeley - Annexation Information Sheet Date: March 12,2001 Annexation Name: Meyer Farm Annexation #2 Name of Owner : Ashcroft Draw, LLC - Dale Boehner, Manager 6371 W. 37th Street Greeley, CO 80634 Property Address: TBD Contact Name: Sears Investment and Development, LLLP Matt Moorehead, Project Coordinator (970) 330-7700 x224 2021 Clubhouse Drive Greeley, CO 80634 Size : 6.4 acres (+-) Initiated by: Owner Intended Use/Development: (see Narrative) List of Special Districts: 47.315 School District #6 0600 1.0 Northern Colorado Water Conservancy District 22.038 Weld County 3.249 Weld Library 10.635 Greeley General Improvement District 6.343 Aims Junior College Current Tax Information: 90.58 Mill Levy $3,500 Property Tax List of Residents: None MEYER FARM ANNEXATION Criteria for City of Greeley-Eligibility of Annexation. This application for annexation to the City of Greeley pertains to a parcel of land found within what has been historically known as the Meyer Farm located at the SW corner of the intersection of HWY 34 Bypass and 65th Avenue in Weld County, Colorado [the Property]. The Property together with all existing real improvements is owned by Ashcroft Draw,LLC [Owner] (Dale Boehner,Manager), and is currently in irrigated agricultural production. The Property adjoins the City of Greeley [City] and along with the property described in the Meyer Farm Annexation#1 will soon be under review by the Planning Commission to be included be included in the Mid-Range Expected Service Area of the City. The Property is prime in location, feasibility, and intended use,to be a more obvious candidate for annexation in recent history; an assessment to be borne out by the following information and criteria as part of this application. Contiguous with the City of Greeley. The Property is adjoined by the City of Greeley to the East. (see Exhibit 'A' -Vicinity Map and Exhibit `B'- City and Site Location Map) Interest to the City of Greeley. The Property has interest in common with the City where the Residential and Commercial uses are contiguous to the City's established development pattern, to which residents of Greeley have easy access to the future amenities of the property, and where future owners can easily avail themselves to the neighboring services and amenities of recreation, health, education, professional services, entertainment, shopping,and dining currently existing in the City. Future Urbanization. The Property is currently used for agricultural purposes,however, situate on HWY 34 and developed suburban areas directly to the North, and 65th Avenue with developed suburban areas directly to the East,the Property is one of the most obvious candidates for future urbanization and annexation as the Property is within the pattern and in the direction of current urbanization activities in the City. Feasibility of Integration with the City of Greeley. Main avenues of transportation are adjoining the Property to which the Property has adequate ingress and egress points satisfactory to the intended uses of the Property. There currently exist with the Property, owned and controlled by the Owner, adequate historical water to satisfy the raw water requirements of the City. Adjoining the Property is adequate City treated water supply, gas, electric,phone, and CATV. There are no topography or ecological features separating the Property from the City. Conformance with the Comprehensive Plan. The location and the intended uses of the Property are consistent with the principles, goals, and objectives of the Comprehensive Plan. The Plan's important sections on Land Use, Growth, and Transportation promote the incorporation of the Property to the City. Geographical Balance of the City of Greeley Land Use Pattern. The Property is a continuation of the existing Residential and Commercial uses along the HWY 34 Bypass and is in, or is adjoining the MSSA, MRESA, and LREGA plans of the City,there by filling in the already • NOTE TO APPLICANT: LAND USE APPLICATION CITY OF GREELEY Please print or type all required information. This form is COMMUNITY DEVELOPMENT DEPT. NOT the complete submittaL Additional application CASE NO. I 1000 10TH STREET mate:Wa u well u the fee,are to be provided with this ACCOUNT NO. GREELEY,CO 80631 form. Staff will review the submittal and advise you of its DATE COMPLETE (970)350-9780 completeness for processing. ' APPLICATION RECEIVED I Planner GENERAL INFORMATION: . PROJECT INFORMATION: • • Name ofOwner(s) Ashcroft LLC Dale Boehner Project Meyer Farm Annexation's#2 Manager Address/Logsdon SW Corner of Hwy 34 Bypass and 65th Ave Complete Address . 6221 W. 37th Street I Extending South WI 65th As 'East Property Line. Greeley, C0: 80634 • Present Zoning Proposed Zoning Requested Action Annex aticn Telephone (970) 396-1031 . Legal Description(attach if additional space is needed) • ' °Applicant/Agent Greg Hughes • • [ See Attached1 Complete Address GLH Construction WCR 60 . Existing SiteUse(s): Irrigated Farm - Agricultural Windsor, CO 80550 ��. ProposedSiteUse(s): . R R-L Joe Whisenand, 2021 Clubhouse Dr. Greeley, 80634 Telephone • 1970) 674-0440 . SiteArea(AcresorSquareFeet): ADDro?Ciisate1v - 6.4 Acres • FEE INFORMATION: • . CERTIFICATION(S): . • • Fee shall be determined on a casebywe basis and shall be based on an estimated hourly rate by the project planner wi will also include estimated review costs by Must be signed by EACH owner of record or authorized Officer,if corporation; dth other City departments. Fees are due before processing proceeds current proof of ownership will be requested Corporations: Evidence of who is Authorized to bind the corporation may be requested. Zoning/Rezoning 1Z I/We certify that the application and support materials provided to the City of Greeley PUD(Concept,Final,Original,Modified') $250 $2,500 for the identified request(s)are true and accurate. I/We am/ere fully aware of all Use by Special Reviews S250 $2,500 requests being made to the City of Greeley and authorize in i duals or firms to Anoexatim $500 $2,500 represent our interest in thialthese request(s). Subdivision/Replete 5100 $1,000 Date Bt) (Manager) Vacations/Dedications' $200 $1,000 Name(print) $igna.• A A"l Special Use Permits 5100 s1,000 'Itconcept and final plans are.processed concurrently,only one fee will be charged. ll t4 Q N NE,Q Mere will be additional fees for of and gas wells to recover costs incurred by the Name(print) Signature Fire Department afterUSR permit approval (Use Additional Sheet If neccexwy) sAdditlood Sing fees required to Weld Oxtail Clerk and Recorder. �� =e FR - C r G p' C- d d c ca c3. O.� a c‘:,It •n•~ - __ US 34 BYPASS — � • ....e"` \ 4k, 6 rl Q EEE1 r� tF 4: `` nom '`_. - • W if� '.. Q \x� )'MEYER FARM ANNEXATION #1 ; 'I • O L 4e k4. i 4 \.. to=. MEYER FARM '` ANNEXATION #2 EXHIBIT A a �# �w s� is' itf ai k, �1r b gygvF • a k F 1 83 o a ��' '' �a �r Li 'i[1h 3i 1' `. �F isal ika�ela; a .a: iFinl�; ab1111 $ 4 i 41 a� ! } �� _ 9� sib 11 � � ti ll III! a. !:� • • (Tl 0 �1 • T - � ' i 1 kxkji tl1911 tti IH .. _ / ,]yyy����gyy555��t nb • 1 •.---: <->411'1,'N v s 1 � � t/ �� f 1 _ • �� pydli „2��� N \,i l�� a --/ 1/I I V - i.Y ,�. I gY'W1 � X17 '4si ��yii �1,/ �� A)� \� B '' Uhl / /. 4 W lA � \ # a9 u xs, _ ��rG Ni 65TH A / , VENUE i ►` �E4 d �II'i�j )� 'r rrr -/Z- �I / V , _.� I Ct i ii�'z/ ,Gil F \ I' 1 : I� � •�� ������I f� -/I. �.�� 7 •—..•." , � , it �, )� d• T v h4y a 1�{f, � ii /A la '^ i �hia�{ }t rt � .rk�� li1 ., �I rrr l ; l i / • ai vfit ,� r • ,t I ( (b �, 1 viz 11 :\'� e7/�S: s'PIt5 /%!; � i� 9 /- / i D / - �. i� / i�li i : Ir)� ?I >I /� ` mice. i, /, (I 11 p� ;,.�" /h'r � -Ail (i r, 1 �/ (, �4 A JJ •�It s S �,\ '. A.,;.,)\-, -'1;,,,;!.7...->.±-,.. ': y.� - / 1�1/ /�✓i �,4 /� l� i•���� �I A� f ,� � I� -' \,14,1•,:,'T\I �_ 7 �.- ?k.-f-11,,))1, � '-' mac' .. ' /r/ ' ( ''' i• I-. �� t:--'1 117. ", � ,� �� 1�� / �, �' ; v/,,,: ::::::A4,:?'?..,(.,,:, qn �, . �� II; �{,/ / ---k.:„.% / '/ i r O - 1 I •1 1 V Ar'-'--13L-4;'-)1i,114:, � h I u— /7// " ,,,-..,:,,,..,, ,,y,,,,, --77 J , /'.l'!"(•(,,;;;m1,),,-;:it-7-7_----(c /' i/lPt �� 7 l :- / j ��L.!'� � I:y I1�I� '� v i . u- a . U,,1 / y, ,_ u / /\ g'-. A- wI %' 7 : r1' l • //lq' 3� ,l.4% /7/ ttt • �'�n - :„�� -4u l V �IM�i / I '/ - • 44' '✓ '� vii l !- 1ik ' : , _ ` 'Ui 11 '�L,i� :. h1 / ,I __.� ,_. / C�"iI � ` i (I . 1�. jrv/ ,'__ wM gxln-k b i t C._ 2f PROPERTY DESCRIPTION A parcel of land being part of the Southwest Quarter (SW1/4) of Section Twenty—one (21), Township Five North (T.5N.), Range Sixty—six West (R.66W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the North Quarter Corner of said Section 21 and assuming the East line of the W1/2 of said Section 21 as bearing South 00'47'55" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 5305.41 feet with all other bearings contained herein relative thereto: THENCE South 00'47'55" East along said East line a distance of 4080.57 feet to the South line of Meyer Farm Annexation as recorded in the records of the Weld County Clerk and Recorder as Reception #A1:32,43,2,, Recorded 3-15_ ?1; Said paint being the TRUE POINT OF BEGINNING. THENCE North 89'12'05" East along said South line a distance of 30.00 feet to the Easterly Right—Of—Way (ROW) line of 65th Avenue; THENCE South 00'47'55" East along said Easterly ROW line a distance of 342.01 feet;THENCE South 89'12'05" West a distance of 500.56 feet; THENCE North 62'18'47" West a distance of 717.10 feet to the South line of said Meyer Farm Annexation; THENCE North 89'12'05" East a distance of 1100.84 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 6.404 Acres. more or less (±) and is subject to any rights—of—way or other easements as granted or reserved by instruments of record or os now existing on said described parcel of land. OWNER'S APPROVAL AND DEDICATION Know all men by these presents, that we, Ruby Ankeney and Warren Meyer, Co—Trustees being the owners of the land described herein, hove caused said land to be laid out under the name of Meyer Farm Annexation #2 and to the extent applicable do hereby dedicate to the public forever all streets, alleys, and utility easements as indicated hereon. In compliance with the City of Greeley Subdivision Regulations and contractual agreement, the landowners shall bear all expenses involved in improvements. In witness whereof, we have hereunto set our hands and seals this the day of 200_. Ruby Ankeney Warren Meyer ACCEPTANCE Said map was accepted by the City of Greeley, Weld County, Colorado, and the territory therein designated made a part of said City of Greeley and included within the limits and jurisdiction thereof, this the day of 200 • r 4f Y:e z ri B 108 :C 02020729 08/14/85 10:57 $ 3 1/002 AR2020729a.w ��t°,1 �.. f F 087S .a h FIELD ANN FEUERSTEZN CLERK i RECORDEELD CO, CO OIL AND GAS LEASE I y`M 9._.__..._.. t AGREEMENT Made and entered into the._._.........19th _ Ray of _ _....._September 85 ° 1w ✓ a', ,. by and between •JdC9k..1(..._MOY.BF...till!1...1)♦kL.Q,)S)...1MWYRr....SR-IL7AA.C.eRg___.___..__..._........._ tY of Weld County, Colorado party of the first part,hereinafter cared lessor(whether) s•,• ,•:::.:,(;:. s •:: one or more)and Basin Exploration, Inc. party of the 1- .. ._._, second pan,hereinafter called mace. r ,'y 1 ' Ten 10.00 r 'WITNEand poi That the said lessor,for and in acknowledged atifn of �� Lherei....____mains DOLLARS, /, ' ( - •v"` cash in hand paid,receipt of which is hereby and of the covenants and agreemees hereinafter contains on the `t tS 'y p.�', pan of the lessee to be paid,kept and performed,has granted,demised.Rased and let and by these presents do es grant,demise, at:'‘‘..*''.'r.El ase and le(unto the said lessee,for the so ..red only g operating pa,and laying thatcertain ipe lina,and n to pro produce, and take for andthin r, 't .,{. i '• building links,power stations nruttum thereon to produce,save and care of said products,all t n tract of , �. land situate in the County of.._.__Weld - ° Colorado State of described as follows,to wit: ar. act 't. T5N, RdbW —.___.__._..._..._......_..._._.__.--._..___._w__._—_..� a .} �._—._.___..._._._._._.__._.. 11 , Section 2f NHT4---__ —�_._._. _... .........._..... . ee t y ]tee Rc e;,,;,q.':.; s `• .t >, .` of Section X Township X Reny_ ra_X.._.....and eo]n a' mg _ 1.,60 m,ae more or kn. s s,, It is agreed that this lease shall remain in force beak kleRRIOIxxcxz*xxalt hixshtR and as long thereafter as oil , ' • • •i..; and gas,or either of them,is produced from said land by the lessee. In consideration of the premises the said lessee covenants and agrees: v •S� I. To deliver to the credit of the lessor,free of cost,in the pipe line to which the lessee may connect his wells,the 15.5X o equal pan of all oil produced and saved from the leased premises,as royalty or,at lessee's !�+a election,to pay the lessor for such royalty the market pnee prevailing thcday the oil Is run into the pipeline,or in storage tanks, •",: To pay the lessor n royalty 15.5 of all other minerals and hydrocarbons which the lessee produces c ;( and saves from said lands. 2. To pay for the gas from each well found upon the said premises, which shall produce gas in marketable quantities, a royalty of 15,SX percent of the net proceeds derived from the sale of such gas,or of the gasoline t j�' •j' that such gas may be converted into and marketed off the premises, If no well be commenced on said land on orbeforethe . 1st day of January i9 86 ' f 4 a this lease shall terminate as to both panics,xotinsese loaM%astscha on modatoc tram arsons manmekamq®a xis Ai.. Y XxsorxxvmxxMiatxxxxxxxx%xxxxxxxxxxxxxxxxxlmaxbNaVIXxxxxx%%xxxxxxxxxxxxxlOmoucxxxol t ,. ItecuittxitxxxxaxxxxkaruattutaawfMaxxarommestyarg4Nmblxxxxxlyd(faxxxtbossualextpettaxadcsxaKxrxioat rt 1 I xxxxxxxxxxxxxxxxxxxxxxxxxxxxnexxx>�utaXXI eatup rtaa utinximalu'rlmdmNHfxie ppxlilr uaraelmw,lg t:,i 1II1 xxxxxxxxlXASSet xm wxx xstlDINISS xtaRWRIucaxpuml{ lmuaxaeetMO S* `I. V - x®xaxeorpxomfsmeRme:PhaLxxlexdofeisoddxmerlanfxximteanstapnnontiovEDmntbsontaseiscRxicerkkhmtda• • xlcoxaanxxgreedoLmaDarondetela>oexYnxxeieserkacxxdscisxmxxpoixtooxaxlmaotbectorpilclgamglmtsdcoxte t -- :dxtexstterroiditrmscxxaaaevnkk'xxaa%xxssteh cedxfaltxk,.•daentaRRfeRAsmiintsbatxmkk eirtenkR�txdnft 'i t xxxxskomictihrtaxxxittiltedor introcxxamxeibrdllenfohnrodexksdRAkaamAlbxebilmexatrifRxaxxeukxafla%adxwR- 7.. Imaso onasidmtadcxitkbttxalxxmxiabxkaxaUaxifliwlixastktbxkonaxxalyndnAxmekxxxebtotxlexxacdwAialamte xka�MRRktt:mtte lmplllefxa0(epRlhtltM ntxxxx egstenkgealitM WW4ta 1 iuti y7AbefI A4l llebRlkifMttlttkRR9CR1FAt 16F Mfod 1 6410%1001XUL CMISIS IStiXMeRVAltkleatitRx�figne J,Ma�rmtgrcnpwto isnetxaast .xxf +,v , %b.OmtNAKRemfNNRa6ma inkrAwilin l(kwAk9dkit4m4i Rithexc9:#inintbrmaxlPA tchtsciab efldlke x%sonaccdlxa�Rxmta less scfoceerp the above as he nad%xttklexd simple I •••t ;k;. If said lessor owns a less interest in the above described land than the entire and undivided fee simplenute therein,then r the royalties and rentals herein provided shall be paid the lessor only in the proportion which his interest bean to the whole and undivided fee. Lessee shall have the right to use,free of cost gas,oil and w r produced on said land for its operation thereon,except • a•R+ water from wells of lessor. When requested by lessor,lessee shall bury its pipe lines below plow depth, v 2 ' 1 No well shall be dnlled nearer than 200feetto the house or barn nor on said premises,whithout the written consent of the l ,.., l' lessor. ( • ,'• Lessee shall pay for damages caused by its operations to growing crops on sal.l land. a Lessee shall have the right at any time to remove all machinery and fixtures placed on said premises,including the right to draw and remove casing. If the estate of either party hereto is assigned,and the privilege of assigning in whole or in pan is expressly showed—the covenants hereof shall extend to their heirs,executors.adm+mstraton,succeacon,or assigns,but no change in the ownership 'I ' of the land or assignment of rentals or royalties shall be binding on the lessee until after the lessee his been furnished with a written transfer or assignment or a true copy thereof;and it is hereby agreed that in the event this lease shall be assigned astoa , a' pan or as to pain of the above described lands and the assignee or ssigns of such pan or pans shall fail to make default in the 2. paytnent of the proportionate pan of the rents due from him or them,such default shall not operate to defeat or affect this lease : mao far as it covers a part or parts of said lands upon which the said lessee or any assignee thereof shall make due payment of . said rental; ' , Lessor.hereby warrants and agrees to defend the title to the lands herein described,and agrees that the lessee shall have a Ly the right at any,time to redeem for lessor,by payment any mortgages,uan or other liens on the above described lands,in the event of default of payment by lessor,and he suhrogated to the rights of the holden thereat War Clause for Oil and Gas Lease: •-fir °'•; This-lease Shall not he terminated,in whole or in pan,norshall lessee be held liable in damages,for failure to comply with the exo�rest or implied covenants hereof,if compliance therewith is prevented by,or if such failure is the result of,any Federal or ••' State laws+exedutiveorders,rules,or regulations.If,at the end of the primary term hereof such term has not been extended by a•' production ordrilliny as in this lease provided,and lessee,by reason of any above recited causes,is unable to drill a'tenon the leased premises for oil or gas,the primary term and the rental provision hereof shall be extended automatically from year to year until the first anniversary hereof oruning ninety(90)or more days follo•.vir g the removal of delayingause.During ' any period that lessee is unable to prolate and;or market any products from the lased premises by reason of any of the above recited causes,this least shall remain in full force and effect. •Y.p" In Testimony Whereof We Sign,this the. /Z_J dry of./ -- 19.(L, v Witness: / . . �,r.—_—_(SEAL) No.941 PRODUCERS aI aeart>aruabO..vO wxu.e..ta..ow.CO nn,—00 123)4900—2.n9 r �f we// is nil • ,,,,,,,..,,,c,/,...4,,,,,,, s.0;Wit., f+. ..,.+Yha {.••.,s .'Os.( ./..ota,7Aen /cased .1.4 SO yn7 fago /Lt.% l,,,I-•.4 fee. sr,*- l. . �' '� is I ♦,i.+ ° + .� K 1080 REC 02020729 08/14/85 10:57 $6.00 2/002 .J k ar,Ja -se(.:? F 0880 MARY ANN FEUER3TEZN CLERK & RECORDER WELD CO, CO J h IIr e Y.� V::.,': A. �f:' ' + 4 ACKNOWLEDGMENT TO THE LEASL ��ua t y 1 f{ - 4 `k ,'Y(t, A. v STATE OF Colorado ! t County of Lorimer ti f '�' I . imer ss' .rl y, J tr J f'Y T ','•, ' ' L. .D borate L....Geatxy a Nom v Public in and for e I said Larlmer County.in the State aforesaid,do hereby cenip that ..Jaeab_R...Neyal_.aod E4zold._._. rpp !' • ' ueelonall known to me to be the person..5 n t` a r • y(� � 0°tlJ�II14teE5 who are Pre+ Y a 1 1 , 'lC rqubunbed to the(mewing Lease,appeared before me this day in person,and acknowledged that...theY..— '..1.44' -A tY I f i to �j i Bc7)pna'atrwcgd.the said mnrvm :of venting as [bG1Z...free and voluntary act and deed la the Deis and paryvsas ( (Y t '4. „1 t to A.ad'and. official no.t I. 12th day of _..... Aayuat. ........ ,I9 85 ICJI e 1 n+ !. ; 1 ,.Iy'io� jn a 3/19 h 88 'A L K { r 01:.41/BI-‘ ode _ �.;A (ZE 41 Tidiary pa6lm .v1 .• n D bosh L. Gents 7 , •4 a 155 E. Boardwalk Drive, 8300 t ,f. � Irf ee rF. COk_O�'.� ASST NMENT Fort Collins, Colorado 80525 '+I ` J. • '' KNOW ALL MEN BY THESE PRESENTS,That I, ... --.-.----- .•the within i k 111 {k t t+ I J' named lessee,in consideration of the um of one dollar(51.00)and other good and valuable considerations to me in band paid,the m eipt I y tat. ••# ft hI • i whereof n hereby eo tfessed and acknowledged,do hereby sell,assign.transfer,set over.and convey unto...—.._....__... J I 3 r �!�� his heirs and assigns,the with,n lease,grant • ., and conveyance.to have and to hold the tame for the term and under the conditions therein contained. Y.';', ll F, ' IN WITNESS WHEREOF.I have hereunto net my hand and seal this L• (+: t: e. l 19 r lee •. 1 11 cl. t tTy ae'- ACKNOWLEDGMENT TO ASSIGNMENT i • t F' STATE OF . .. }u. '4 • rely , h s at county of 1 _ I, •Notary Public ln and for r,.k�, ;J 1,• said County,in the Stale aforesaid,do hereby certify that_. — ---.----- -- — �' ,, �y -, who personally known to me to be the person. . f v whose name aubmribed to the foregoing lease.appeared before me this day in person and acknowledged that Y t 5j1v ed,ses1�d and delivered the said instrument of writing an_. _free and voluntary act and deed for the uses gad purposes • . 1.1.% y tcmnM n . 'I I Ginn undo my hand and seal.this..... .... _._ _.day of............. . _ .. 19_..__ IIrI 1 a', My commission mites, 19 If J al -R: ■■■■■■■■.■ ■■ W j '.r1 •g •r '+ Cr■■■ai■G mows■W mmin ■■ ■ ' w e!■■■ ■■ ■■E,■er- ■ r■e 1 t ■•■■e • 1a ir j ammo mum ii eeii iee.au■■■ m t r • 'f4 z it r 7■ E■■■t■■■La. a 5 .,•• k �= E■e■ee egQ6 C:o■a 0000■o=■�■■ 5 e■■ao■■ ■■■tau • ■r ■ucS■ I ,. . ' j is EEaa aEa ::EE ■:ec:: ` '9 4 .4 -2 I ; 1, ' I a I a r e E i s 01 N W i I i c i al 3 i i .Iran , • f W 90D° j i 2 j I , j 8 4m j j j 2 i Y. a > a r. MO ! i :3 milli j I " Qg o I I I I w( ta w Z0 ) I I a ` 8 j 1 tl: N a ' 1 zZA 3 e o I• E1 I I • E• E. Oto 61 I I j i I I 8 a I a 1 I j 0i a. °o.'Iva )40, I I a a I II il ot-O' r E I c • uJ a; 4.1 I � RI < caI i c ut o ul cs m w I I' y_ ;` , H 1080 REC 02020729 08/14/85 10:57 $6.00 2/002 . ti4 ` � � '' F 0880 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO d ' . . nisi.—_ f Yo u ACKNOWLEDGMENT TO THE S.EASE J �a :t, PA A. r•. STATE OF Colorado l r"a rf,`I A',' •.. County or Larimer } n. 4 k r 0., fwt 5 1.,_T�.Deborah.L...Gentry 1 .now v Public in and for . »;a Lorimar. County,in the State aforesaid.do hereby caul.;tnat ..JaaO.b_JI...Nayer_.and Rarald .- ,* 'r my who ... .are penonally known to me to be the person 8 4 1 r, p '� �Sn/n. nlnreea i�{t'h C d Iqubxnbed to the foregoing Lease,appeared before me this day m pence,and acknowledged:M1et...Lk1.eX.._.., v tv r+f I i V' t�p���rrrrr:::ktie.ee.etu red.the said{mwm :of writing at their...frte and vvlun»ry act and deed(or the ow.and purposes ` A r:iy Cagd and al seal.t 812th dayof. Ar t 19 85 off hia , :'R T �y n{ptdxy:m 3/19 _ n4 T • '. All B1.\� o • ,, _..xoiGiy Fate _ •: D burgh L. Gentr t t 4 t k 't. Ota. Ass' LAMENT 155 E. Boardwalk Drive, #300 `hl o,. ' . COV. ' Fort Collins, Colorado 80525 e ..the within tt' f d KNOW ALL MEN BY THESE PRESENTS.This I, ---�---•---' t j named lessee,in consideration of the sum of one dollar(S1.00)and other good and valuable considerations to me in hand paid,the:e mint •• whereof n hereby wnfmW and acknowlcd6ed do. hereby sell,assign,transfer, nm(tt,M over.andeery unto sign_.T..___....lea n his heirs and aniPr,the withn lease rant ".:•,...i;j s. ) 4• and conveyance.to have and to hold the same for the term and under the conditions therein contained. d A •� f IN WITNESS WHEREOF.I have hereunto set my hand and seal this day of V� 19 (t �) ♦ L YYY t'. t�{•r ACKNOWLEDGMENT TO ASSIGNMENT • (' 1 a ' d, I.' ) •' STATE OF u. i ":':• • . y: County of ... t ar:. •Nosary Public in and for , r{ said..._ County,m the State aforesaid,do hereby certifythat - — H. ' who penonally known to me so be the person_ • r h whose name subscribed to the foregoing Lease,appeared before me this day in person and acknowledged that �Y Y : pti%it scalp!sod delivered the said instrument of writing as--------free and voluntary act and deed for the uses and pw•poaet ImxmM ."��• Given undv my hand and. seal,this dry of It •,e'� My commission expircv 19 —"Ndury Yub(fa to I Y 4-`I :. .' ■C ■ ■ all Emits Mano lin ■ ■■■ ■ • w .. ■..a■ ■■ ■.fl■. ■ . let latintamor-ammazansinumits #.O o ...... v .9 p E.T..Gm a...�} a ■ •.or.a.■W NUM ■ .■.aoo ■..a.0 Z. ■ ■.r ..■ll ! t ry •: C• t to a n w E •T J ' !. o 0 a >. r b is, o af let W I I y P 4 ! !{ ' t a a'•' i 1 ;4wi4 pre I 1 d I i V. I I ! a as•oO �a i i ww ' tW ' i 3 I oO 0a I 10- I i 10. 2 = I I t ! ��U g I a i ! ! It C B i ' Iiig i I MS m i Q 24 i I i I O 2 0 L Tingo w.aa .S Z' -at I i i ! t H I l ' I ! Is' m.-' p o f e e I I e is y N I 8 I I m a�it o N .2 ! C C1 N fu �• m 111111 II 111111111111 III J1111111111 It lit 2749027 02170f2W0 10:56A JA Saki Tsukamoto Ant lot 2 R 10110 0 COC.W Wald County CO 13 O 6 c,-on WARRAMTY DEED s7 THIS DEED, Made this 4th day of February, 2010 between Ruby AMreney and warren Meyer, co-Trustees of a Trust Agreement dated December 23, of the CuuuLy %Ji Weld and Stare of Colocado, greater, and Ashcroft Draw. LLC, a Colorado limited liability company whose legal address is 5801 West 11th Street, Greeley, CO 80632 of the County of Latimer and State of Colorado, grantees_ WITNS5SET3 That the creator for anti. to consideration of the sum of PIVE MILLION AND by acknowl (ged, has sDgran d, bargained.d.the r•oldpand conveyt and ed, sad by these preseniency ef which is ts doe. gr7n barga, his heirs sad assigns grant,��` bargain, sell,re convey and confirm with imp ovement. De3.etg in the e Countylof Weld andtStateeofeColorrado deesscribed£assffollcwejte,lying and SEE EAh1R/IT 'A' ATTACMSD ERRS= AND MADE A PART HEESO? also known by street and number as 2901 65th Avenue. Greeley, Colorado 80631 TOGZTOR with all and singular the hsrsditsments and appurtenances thereto v belonging, or is anywise appextainisg and the reversion and reversions, remainder and (� remainders, rants. issues and profit& thereof, endoe,ell etheer tateav right, title, in 1.Yfi interest, claim and demand whatsoever of the gran and to the above bargained premises, with the hereditament* and appurtenances. TO RAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his hairs and aseigns forever, and the grantor, for himself, his heirs and personal representatives, does covenant, grant. bargain, and agree to and with the grantee, his heirs and issigla, that sthatdat tftheae time ot the �s above tasseling sad delivery of these presents, premises conveyed. has good, sure, perfect, absolute end indefeasible estate of inheritance, in tar, in tee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and fors es storesaid, and that the sama are free and elver from all former and other grants. bargains, mules, liens, tame*. , encumbrances end restrictions of whatever kind or nature see.er. except general taxes far 2000 and subsequent yyears; except easements, restrictions, covenants, conditions. reservations and rights of way of record, if any; The grantor shall and will MIRA= AND R!ORSVRR DRY1.7m the above-bargained premises in the quiet and peaceable poesess ion of the grantee, his heirs and assigns. against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, end the use of any gender shall be applicable to all genders. IN wtTNESS WR8AEOP the grantor has executed this deed on the jdate set/forth above. r K�r/CHu+s- - 'J ::et-y ✓/-G�.4�t ti L 7uubb o�,y, ' by y. Co-Tru tieedp Warrzn Meyer, Co-Trua�es STATE 0? COLORADO } } sa. The foregoing instrument was acknowledged before County of Weld ) me this ith day of February. 2000 by Ruby Ankeney and Warren Meyer, Co-Trustees of a Treat Agreement dated December 23. t3C3 Witne my band and official seal. My ss`c1 re N ea 2001 expire 4,O1.2.11e1 L/ L✓�ija � • DAREILA G'; SC=ARY POSLIC BLOCR p 1295 Main St. Sc. ?32A. 9-" /• 4 nd OLC2 WiSOr. CO a0b50 J ��`E�z..C . 60 'd 817299601.6 'ON Xd3 NIN0 31111 AID 013M LI :EI NOW I0-SO-NUW F 11111,1 i11i1>111111111111<11111111111111111111 111111; 7 27t2 R 10.00 zoom Weld tyGOala "EXHIBIT A" LEGAL DESCRIPTION The W1/2 of Section 21, Township 5 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. EXCEPTING THEREFROM a parcel of land conveyed to the Department of Highways, State of Colorado by deed recorded April 12, 1967 in Book S$O as Reception No. 1502167. TOGETHER WITH 270 Units of the Waters from the Northern Colorado Water Conservancy District. TOGETHER WITH Sixteen (16) shares of the Capital Stock of The Greeley E Loveland Irrigation Co. TOGETHER WITH Two (2) shares of the Capital Stock of The Ramsdell Lateral Co. TOGETHER WITH Two (2) Rights of the Loveland and Greeley Reservoir (Lake Loveland) 170 'd 81289960LO 'ON Rd VINO 3111I1 A10 013M L I :£I NOW 10-90-H VW FROM : CITY OF GREELEY FAX NO. : 9703509800 09-11-01 11 :26A P.02 Attachment A ANNEXATION IMPACT SUMMARY MEYER FARM ANNEXATION #2 PROPERTY OWNER Ashcroft, LLC - Dale Boehner, Manager REPRESENTATIVE Sears Investment and Development, LLLP LOCATION Southwest of 65'" Avenue and U.S_ Hwy. 34 ACREAGE 6.4 (+/-) EXISTING USES Agricultural AVAILABLE UTILITIES City of Greeley Water and Sewer Greeley Gas Company U.S. West Public Service TCI Cablevision TAXING DISTRICTS Milliken Fire Protection District Weld County Library District Weld County School District No. 6 Aims Community College Weld County Northern Colorado Water Conservancy District INTENDED/PROPOSED USES Residential and Stormwater Detention Pond COMPREHENSIVE PLAN The property is located within the Long-Range Expected Growth Area(LREGA), and the southern portion of the property is in the Greeley Municipal Area of Influence (GMAI). The GMAT in the City of Greeley 2020 Comprehensive Plan, is the area within which the City may influence development through utility provisions and related services and, therefore, over time develop as part of the City. Jru6/,`e �%e q- /7-‘:/ f9c�' /2 /DI�,`c6O/ ) �,� C() NLKr/I) FROM : CITY OF GREELEY FPX NO . : 9703509800 09-11-01 11 :26A P.03 Although the southern portion of the property was not identified for development in the near future by the Comprehensive Plan, the plan was not considering ownership boundaries. And since entire parcels are annexed, municipal services will probably be available to the property in the coming years and the develop- ment of the property will be a positive addition to the City. The applicant will be proposing R-L (Residential-Low Density) zoning. Further analysis will occur with the consideration of the establishment of zoning for the property. The Fire Battalion Chief has indicated this area is inside the existing fire protection services area. The Water and Sewer Department has indicated the site is within its service area, SURROUNDING LAND USES North - Residential &Agricultural South - Agricultural East - Agricultural & Residential West - Agricultural The site is well-served by transportation, since it is near an arterial (65th Avenue) and is bordered on the north by U.S. Hwy. 34 SURROUNDING ZONING North - R-L (Residential Low Density) South - Weld Agricultural East - Weld Agricultural West - Weld Agricultural ANALYSIS The site is fully within the City's Long-Range Expected Growth Area. The applicant will be proposing R-L (Residential-Low Density) for the site. Further analysis will occur with the consideration of the establishment of zoning FROM: CITY OF GREELEY FP% NO. 9703509800 09-11-01 11126P P.04 for the property. At this time the site is being farmed. The annexation of this site into the city is consistent with present growth patterns and Comprehensive Plan policies. There is clear evidence that this site shares a common interest with the City's future. The requirements of State statutes and City of Greeley guidelines for annexation appear to have been met by this requested annexation. The potential impact on School District No. 6 is anticipated to be six single family households. s:\wluaimpct.Meyer2M.Wp FROM: CITY OF GREELEY FAX NO. : 9703509800 09-11-01 11 :26R P .05 Attachment Alas ►. • MeyerFarm Annexation. - f �►� �+r_ �r.. .. ti US 34 BYPASS " • M.YER FARM �♦� . ANNEXATION # 1 a'toi\s\ Ra " t MEYER FARM ANNEXATION #2 -3 Hello