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HomeMy WebLinkAbout20010134.tiff City lrey January 5, 2001 TO: Weld County Commissioners Weld County Attorney's Office Weld Library District Aims Community College North Colorado Water Conservancy District School District Six Milliken Fire Protection District West Greeley Soil Conservation District FROM: Cheryl Aragon, Deputy City Clerk 4 . SUBJECT: Wiedeman Fourth Annexation The Greeley City Council received a petition for annexation of property located generally northwest of 37s Street at 71"Avenue, known as the Wiedeman Fourth 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, February 6, 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: February 6, 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. Pablo A eat) /—/5" " 0 / Pc P/, Pig, C4 dAi ��� ts0 SERVING OUR COMMUNITY • I T ' S A TRADITION We promise lo preserve antlimprove l/ie yuafii of*for 9reefey lirouyE limey, courteous anti 2001-0134 NOTICE Notice is hereby given that the City Council of Greeley, Colorado, will hold public hearings on proposed annexations of territories to the City of Greeley. The hearings shall be held on February 6, 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 hearings is to determine whether said properties are eligible for annexation under Colorado law. Persons wishing to examine the annexation petitions,resolutions,and any exhibits thereto,may do so at the office of the City Clerk during business hours. These territories are described in annexation petitions which have been filed with the City Clerk as: • the "Mountain Shadows Annexation" located generally at the northwest corner of 20th Street and 83'd Avenue • the "Wiedeman First Annexation" located generally northwest of 37th Street at 71" Avenue • the "Wiedeman Second Annexation" located generally northwest of 37' Street at 71"Avenue • the "Wiedeman Third Annexation" located generally northwest of 37th Street at 71"Avenue • the "Wiedeman Fourth Annexation" located generally northwest of 37`h Street at 71"Avenue • the "Wiedeman Fifth Annexation" located generally northwest of 37`h Street at 71"Avenue • the "Fafoutis First Annexation" located southeast of 83" Avenue and U.S. 34 Bypass • the "Fafoutis Second Annexation" located southeast of 83' Avenue and U.S. 34 Bypass • the "Lundvall Annexation" located southwest of 83' Avenue and U.S. 34 Bypass Dated this 19`h day of December, 2000. Betsy Holder City Clerk PETITION FOR ANNEXATION WIEDEMAN FARM ANNEXATION TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GREELEY, COLORADO: The undersigned in accordance with Tide 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,"Wiedeman Farm Annexation". Four(4) 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. 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: Edwien Wiedeman Gary W. Wiedeman 5880 W. 49th Street 5880 W. 49th Street Greeley, CO 80634 Greeley, CO 80634 By:4 s.x� 'L� By: t. U ,roc -b4. Edwien Wiedeman Gary W,Wiedeman The fore oing signature(s)was/were subscribed and sworn to before me this 13 day of 2000 by :Witless my d official seal. f My commission expires/9—9-#2603 ▪ , •-•• •,,No 1TTACHMENT B WIEDEMAN FARM ANNEXATION City of Greeley - Annexation Information Sheet Date: August 25, 2000 Annexation Name: Wiedeman Farm Annexation Name of Owner : Edwien Wiedeman and Gary W. Wiedeman 5880 W. 49th Street Greeley, CO 80634 Property Address: TBD Contact Name: Sears Investment and Development, LLLP Joe Whisenand, General Partner (970) 330-7700 x212 2021 Clubhouse Drive Greeley, CO 80634 Size : 150 acres (+-) Initiated by: Owner Intended Use/Development: (see Narrative) List of Special Districts: 47.315 School District#6 0608 1.0 Northern Colorado Water Conservancy District 22.038 Weld County 3.249 Weld Library .556 Milliken Fire Bond 3.678 Milliken Fire 6.343 Aims Junior College .414 West Greeley Soil Current Tax Information: 84.593 Mill Levy $1,650 Property Tax List of Residents: None \TTACHMENT C WIEDEMAN FARM ANNEXATION Criteria for City of Greeley- Eligibility of Annexation. This application for annexation to the City of Greeley pertains to that parcel of land historically known as the Wiedeman Farm located in the SW %.of Section 20, 5N, 66W, in Weld County, Colorado [the Property]. The Property together with all existing real improvements is owned by Edwien Wiedeman and Gary W. Wiedeman [Owner], and is currently in irrigated agricultural production. The Property is situate adjoining the City of Greeley [City] and the Property is within the already defined growth objectives of the City, (in or nearly adjoining the MSSA, MRESA, and LREGA). 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 North 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 near HWY 34,the Two Rivers Parkway runs through the West end of the Property,there are developed suburban areas directly to the North, and near 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 37 Avenue, and is in, or is very nearly adjoining the MSSA, MRESA, and LREGA plans of the City, there by filling in the already defined growth objectives of the City and slightly extending the southern boundary of the City. The City's growth pattern is beginning to appear as a longer and narrow East/West `strip', where the incorporation of the Property helps `round-out' and give better geographical balance to the City's southern boundary. Adequate Services. (see above Feasibility of Integration with the City of Greele))) Continual and Rational Boundary. (see above Geographical Balance of the City of Greeley Land Use Pattern) Accommodation of Future Land Use Requirements. Future population growth of the City requires land mass. Good planning consistent with the principles, goals, and objectives of the Comprehensive Plan requires such growth to be rational,balanced, and(preferably)contiguous with the existing boundary and adjoining existing infrastructure and services provided by the City. Should the City continue to grow to accommodate new Residents as well as the professional services and amenities of recreation,health,education, entertainment, shopping, and dining needed to accommodate such growth,then the Property represents a perfect fit. END CRITERIA [THIS SPACE LEFT BLANK INTENTIONALLY] ATTACHMENT D WIEDEMAN FARM ANNEXATION NARRATIVE Introduction. This Narrative is part of the application for annexation to the City of Greeley which pertains to that parcel of land historically known as the Wiedeman Farm located in the SW %. of Section 20, 5N, 66W, in Weld County, Colorado [the Property]. The Property together with all existing real improvements is owned by Edwien Wiedeman and Gary W. Wiedeman [Owner], and is currently in irrigated agricultural production. The Property is contiguous to the City of Greeley [City], adjoined by the City to the East(see Exhibit 'A' -Vicinity Map and Exhibit 'B'- City and Site Location Map) and the Property is within the already defined growth objectives of the City, (in or adjoining the MSSA, MRESA, and LREGA). The Property is prime in location, and it can be feasibly integrated into the current infrastructure of the City. Main avenues of transportation of HWY 34, 37 Street,65th Avenue, and the new Two Rivers Parkway are near or adjoining the Property to which the Property has adequate ingress and egress points satisfactory to the intended uses of the Property,and which incorporate the Property easily within the transportation grid pattern 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. There currently exist with the Property,owned and controlled by the Owner,adequate historical water to satisfy the raw water requirements of the City for the intended uses of the Property. The Property is within the pattern and in the direction of current urbanization activities in the City. The Property is currently used for agricultural purposes,however, it borders on 37th Street and developed suburban areas directly to the North, and it borders 65th Avenue with developed suburban areas directly to the East. The Property is a quasi continuation of the existing Residential and Commercial uses along the HWY 34 Bypass by extending those to the Two Rivers Parkway,thereby filling in and slightly extending the southern boundary of the City. The City's growth pattern is beginning to appear as a longer and narrow East/West `strip',where the incorporation of the Property helps `round-out' and give better geographical balance to the City's southern boundary. The Property has interest in common with the City where the Residential and Commercial uses are harmonious 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 opportunities currently existing in the City. 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 easily promote the incorporation of parcels such as the Property into the City. The Property is consistent with good planning and consistent with the principles, goals, and objectives of the Comprehensive Plan The Comprehensive Plan promotes growth to be rational, balanced, and(preferably) contiguous with the existing boundary and adjoining existing infrastructure and services provided by the City. Should the City continue to grow as the Comprehensive Plan projects, the Property accommodates new Residents as well as the professional services and amenities of recreation,health, education, entertainment, shopping, and dining needed by such Residents. 32nd Street quasi-govermental agreement with City of Greeley. There is some mention of an existing agreement with the City of Greeley that uses an East/West extension of 32nd Street as a line of demarcation between Greeley to the North and Greeley to the South. This agreement supposedly ends at 71st Avenue, and then Greeley can annex properties to the South of 32nd Street. The Property has as its West boundary, the imaginary extention of 71st Avenue. This application proposes Greeley to exercise its agreement with Evans to change, (at 71st Avenue as the ending point)and have 37 Street as the dividing point between Greeley and Evans instead of 32nd Street. The result is that the planned residential subdivision on the Property would not end up with Greeley and Evans addresses and differing ordinances and municipal authority within the same neighborhood. Transportation and Circulation. Main avenues of transportation of HWY 34 is near and well as 65th Avenue. 37th Street and the new Two Rivers Parkway are adjoining the Property to which the Property has adequate ingress and egress points satisfactory to the intended uses of the Property, and which incorporate the Property easily within the transportation grid pattern of the City. Further extension of 71st Avenue southerly to meet and border the Property to the East is not anticipated. Existing Utilities. There is an existing 8 inch DIP line along 65th Avenue. There is also an existing North Weld water line along 37 Avenue. There is a Greeley Gas line along the North portion of 65th Avenue as it adjoins the Meyer Farm Annexation,US West phone lines along HWY 34 and along 37 Avenue, and Public Service electricity is readily available. Per our conversation with the City's Water and Sewer Department,the only available sewer is with an extension of the Hill and Park line up through Ashcroft Draw,approximately three(3)miles away from the Property. Preliminary conversations with property owners also needing the extension of the Hill and Park line indicated there is a very good possibility of pooling resources with the City of Evans to extend the lines and to help recover some cost in the future. Annexation plans currently planned or underway with the City indicate an interest in the extension. Hopefully, between the two municipalities and the strong owners needing the extension, a cooperative venture can be worked out. Topography and Drainage. The current use of the Property as irrigated farm land has lent itself to the leveling of irregularities and to the establishing of proper slope for excellent drainage of the Property into Ashcroft Draw which adjoins or is in close proximity to the Southeast. A preliminary drainage estimate of a series of two or possibly three (3) storm water retention ponds with a total estimated surface area of approximately ten acres is anticipated so that the use of storm sewer tiles is limited and releases into the Ashcroft Draw is limited to historical flows. Non-Potable Water Supply. Currently, there is some planning and discussion with the City of Greeley to evaluate the feasibility of the construction and maintenance of a non-potable pond and irrigation system. The Owner is contemplating the design of the storm water detention to be increased to retain sufficient quantities to support a series of lawn irrigation systems. Should such an agreement be reached with the City, the land so irrigated is expected to be incorporated into the calculation of raw water required by the City and adjusted so that only one-half(1/2) the normal amount would be required for the quantity of land so irrigated. Oil and Gas. There currently exist oil and gas wells on the Property, in addition to tank batteries and stripper plants attached to the wells with underground lines. The Owner intends to begin communications with the oil and gas companies to purchase the sites and to plug and abandon the existing wells. ' Ecologically Sensitive Land. The Owner is commissioning an environmental review, however, the total acreage of the Property has been in active farming production for over one hundred (100)years. Few environmentally sensitive area exist, however, the Property adjoins or is in the near vicinity of the Ashcroft Draw where wetlands are present and the Owner plans conversation with the Army Corps of Engineers in order that the future drainage from the Property does not threaten wetland and environmentally sensitive areas. The Property is not in any known flood plain or way, and the ultimate drainage plan submitted for future approval of a final plat on the Property will address such concerns to the satisfaction of the City. Raw Water. There currently exist with the Property,owned and controlled by the Owner, adequate and arreptable historical water to satisfy the raw water requirements of the City for the intended uses of the Property. Upon the future approval of a final plat and development agreement,the Owner will contribute and transfer to the City such raw water as is necessary and agreed upon. The Owner is exploring the possibility of a full or partial non-potable irrigation system and, if such a system is constructed,there is the expectation that those areas serviced by the non-potable system would credit the Owner with one half(1/2) the raw water normally required. Land Zoning and Uses. Customary zoning and the associated uses by right and by special review are the Owner's anticipated zonings of the Property, and not likely PUD. All residential, and commercial categories are to be entitled as well as light and medium Industrial. The Owner will be requesting some such zoning and uses. Approximately twenty (20)to thirty (30)acres of residential medium to high density is planned by the Owner, and the remaining property is expected to be low residential density. Current estimates of common areas, green space and open areas, and storm water retention areas, are expected to be approximately ten percent(10%) of the overall land design. The approximate expected number of units @ 1.5 students per low density unit and .5 per high density, number approximately 400 to 500 new school students. END NARRATIVE [THIS SPACE LEFT BLANK INTENTIONALLY] WIEDEMAN ANNEXATIONS A , Wi. IndSor l H . 39_ _- i ,- . w� ' r 1. _ " _.-- 4 .. 1r ), I l re r . 1-1 - I t _ tich oud Riv' I ••a4 :• j10thSt it H ;ill O .-.. \I_- l/a U.S. 34 .../ aception • 20th Sts - ,r\ t • _ .e 6; .•_ f►� • � • . ki:HT) WCR 54 r. .. �.-- i 37TH ST MI Ii U l 878 Tbo t mpr� p t ' ' _I �atv ` r ii, i Milliken CITY OF GREELEY - 2020 URBAN GROWTH AND SERVICE AREAS oral Municipal Services Suitability Area(MSSA-Range of Municipal Urban Growth Area(UGA-Full complement of land uses to be developed at "'r Services currently available in this area as of 2000)* urban densities) Mid Range Expected Service Area(MRFSA-Ares within which Greeley Municipal Area of Influence(GMAT-Area within which the City may influence a run range of municipal services['expected to be provided with development through utility provisions and related services) 5 years as of 2000)• StrategLong Range Expected Growth Area(LREGA- Area within I_I for indusctrial Employment Development Corridor(SEDC-Area intended 2000 apt- for far industrial and employment uses) September community growth is expected for the next 201 years September 5.7000 and which encompasses all other growth and service areas) Current City of Greeley Municipal limits Renewed for annual arise rsrjmefll lN 3 WIEDEMAN 4TH ANNEXATION � w.28th w Ct Y \ LU , Q in Wi• •em +. , . 35.47 ACRES // Y • �1F• • .fY'NNNA if F.vcvc 3TTH ST ryM�. a. nk�u -. . � �w x� . Proposed Annexations: Wiedeman Annex - -----C 1 Af 4N • Parcel Line 1 inch equals 1,300 feet Road Created by the City of Greeley 10/30/00 City of Greeley GIS Program vied annex.mxd _ __ LEGAL DESCRIPTION OF WIEDEMAN FOURTH ANNEXATION That portion of Sections 20, 21, 28, and 29, Township 5 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Considering the West line of the Southwest Quarter of said Section 21, as monumented by a 3/4" X 30" rebar with a 3 1/4" diameter aluminum cap, P.L.S. 10855 at the West Quarter corner of said Section 21 and by a 3/4" diameter rebar with a 3 1/4" diameter aluminum cap, P.L.S. 22098 at the Southwest corner of said Section 21, to bear an assumed bearing of South 01°21'04" East with all bearings contained herein relative 'to. Beginning at the West Quarter corner of said Section 21; thence along the West line of the Southwest Quarter of said Section 21 South 01°21'04" East 1120.66 feet; thence continuing South 01°21'04" East 107.03 feet; thence continuing South 01°21'04" East 20.00 feet; thence continuing South 01°21'04" East 1078. 16 feet to the TRUE POINT OF BEGINNING; thence continuing along said West line South 01°21'04" East 297. 19 feet to the Northerly right of way line of 37th Street; thence along said right of way line North 89°31'25" East 2600.86 feet to the Westerly right of way line of 65th Avenue; thence along said right of way line the following two courses: South 00°47'57" East 29.98 feet; thence South 00°03'29" East 30.03 feet to the Southerly right of way line of 37th Street; thence along said right of way line the following two courses: South 89°31'25" West 2600.38 feet; thence South 89°36'06" West 813.62 feet; thence North 2033.87 feet to the Southerly line of that certain parcel described under Reception No. 1899727, records of said County; thence along said Southerly line South 62°45'34" East 804.09 feet; thence South 01'21'04" East 226.68 feet; thence South 01'21'04" East 1078. 16 feet; thence North 88.38'56" East 20.00 feet; thence North 01°21'04" West 722.11 feet; thence North 88'38'56" East 20.00 feet; thence South 01°21'04" East 722.11 feet; thence North 88'38'56" East 20.00 feet more or less to the TRUE POINT OF BEGINNING. The above described parcel contains a gross acreage of 35.47 acres more or less. AR1101066 ',A.m..) C ear Oil. A11I) GAS LEASE: h f an., ld&X Coln. 1'IS: ( llti Tine ArRflMrNT,entered this this the—,1 d.e of pnr . _ .III 82 between Edwien Wiedeman and Nancy 3. demon, husband and wife{ t". Gary W. Wiedeman, a single man. { Ley ' f— 5880 West 49th Street Greeley, Colorado 80631 t O R1 d•.°' heeel�ljafin cod learn. lz red Thomas H. Morgan. 701 S. W. -kin•tou. Derevsr. Qol,orado hereinafteened I.iY rltner 1. That leer.for end in cenaldcra'lon of the neat of ten and tto re Dollar,in hind paid and of the mean ment• hereinafter contained to be performed by the lean,has this day granted,leased,and lei end by thew pre ante don hewn rant. t eels. dvely unto the Mwa the hrrin.fin described lend,and with the fiat to unitise this lease or any part thereof with eln a nil and Mb;�to all or any per of the lands covered thereby as hereinafter provided,for the purpose el carrying on geoiorit ti.gaopM del and athar es ler ern.in. 1; eluding core drilling,and ii.drilling.mining.and operating for,producing.and saving all of the nn,gam hr, . eaanr .d V e.. elnaMad t I MPhil other • earn and their respective amen luent vapors,and for constructin road.,taring pipe ant. building tank..roaring net,building/owe I Qiehone lines and other•tmeturee thereon n eer.eor convenient for the economical operation of said land .Done or cnteinur with Vans.to produce wv.tab care of.and manufacture l ofnmach.uh•tanee.,nd Inc honing and boring empinvea.'id tee of lend wl �r.ien.n rights therein being anted in in County of Weld -8 4: Slue of Colorado ,end described as follow': sea O 4' i- `, Township 5 North, Range 66 West, 6th P.M. C3(^ Section 20: S 1/2, except an 18.4 acre tract described as follows: c ei" Commencing at the Quarter corner on the east side of said Section 6. ..,I Twenty (20) running thence west on the Quarter line 1,350 feet, thence south 4235'° east 875 feet, thence south 62°08' east 873 feet, thence _, .': north 00°55' west 1,054 feet to the point of beginning. 2 and containing____ QL-6Q_.......N.ar Mr. e i.' It lureed that this lease wall remain in full force fora term al two yes from till'dare.and..lone th.redtre ace en 3� f I ' u..onsuer Of them.x produced from rvl and for fron,land.with which said land is cis'aulidatcd)err me premiers nee bring developed or operated.d/(n(,J 5 W a. In consideration el the premise.the rid levee coil n.nts and aver. 19\ l To detro.e u the audit of knee,free of coat.In the pros line to which lessee m connect his wen..the mini M.1i lot part ox eta ad nr.0f1 ,.a' p•ndured and loved from the leased premeds. i1y{- ' 19\ A Tim issue.lull monthly oet Irr9( royalty on . madeetl from each well where rg only is found. a sold ' at the well.or II reinitiated by lessee off the Mid pr.mina.then' +_jMMMf of m market value at the well.Tn•levee mall par e lemon a On,' 41 19% ace 'aw.of the proceed.received by the non from the ale of e,Inmed gets,produced from any au well:(b)�nawn eerie y(taw value.at the 1 q1 1,. J outh of the well,computed a the prevailing',whet prier.of the caanghead gem produced tram one oil well end d by Maw off the leased pnmiva/n '' S�for any wryose err used on the lewd premise'by the lessee for pueowe other than the envelopment and operation thereof. /// Where gas from a well an wens capable of producing gu only.Is sold or and for•Period of nne rear.lessee.hall ply or tender as royalty'I 4 tint equal to the delay rental r provided in peragraplt(bl hereof,payable annually on the annleenury dale of this Ier.e following the end e,l each -.. such Year during which such In le not sold or used,and while male royalty le no paid or tendered this lease Nel be Mid en•prMurint property ender pis:; paragraph numbered two nennf S. If operations for the drilling of a well for nil or gas are not commenced no wed land none before me_]knish of turd � + 19 L1_ •this lease shall teendmte as to both Parti n.Unless the tern Mall on or before aid date pay or tender to the tern or for the lesson reed In Filst Interstate Fort Collins, Colorado 30521 the� Ban ,erIiien of ea,aaa of pan la, '♦, u are the lesrb and Mall continue u the depedlory of any andall sums ve'ahie under this Ina nt.ediea of eh ill nwnmMp in .I TO rid lend or in the or and a nor in the rentale to teeae hereunder.the sum or Three Hundred One 60/100 Dulles.which.hall operate se - - pV • rental and ender the privilege of deferring the coat a meat of oration trilling four a period of one err.In like manner and upon Illy e p•rmes mme me pe of tenders the meet of oration.for drilling pe may further be deferred for iln periods remarry.An payments or tenders may be made by cheek ere draft nl lesseeof any rennet thereof.melee or delivered en or bent.,the rental kerns date,either direct to tenor or Earns or to \Q rid depritory bank,and it la understood and agreed that the conaldention lint recited herein,the down payment.coven not only the privilege granted I. `O to the date when rat tint rental is payable a aforesaid,but also the fares:option of ranging that period• a foreuld and an red all other right conferred.la may at any Urn and deee to Learn,or place of .e release or releases covering any portion Or portions of the above d me me metre eanwd premises and thereby amh,Lr tin lease a to rich portion or portions red be relieved of all obligations as to Me ae'e.r surrendered.and thereafter the rentals payable hereunder sliw be reduced in the proportion that Um acreage covered hereon is reduced by rat release or Mena Cta G. Should the ant well drilled on the described te netthen. commented on said land !, O3 within twelve months from espfration of the last rental period for which rental haa been paid,that lease shall terminate as to both parunions.unions the lessee on or before the narration of rid twelve months shall resume in eminent of rentals In the same amount red In the tame manner in herelnbe for provided,And It la signed that upon the resumption of the payment of rental..u above provided,that the last preceding panrapit.hereof•governing the N payment of rental.and the effect Unreel shall ellme in force a Ind though there d been no interruption in the rental payment'. w W T. If said tern ewe•ler Intoner in the above described land than the entire and undivte ed fee eample estate thereto,then the royalties and :n 'acetate herein provided Mall be paid the lever only U the proportion which his hiteren bean to the whole and undivided lee.However.ouch rental Mae {c C be increased al the neat Wig rental anniversary ate any Inversion occurs to ewer the Interest so acquired. g. The haws dull have the right to use•free of colt.gas,all and water found on said land for Its operations thereon.extent wine from the weld 0 of the lessor.When required by lesr,the lessee Mail bury Its pipe Lino below plow depth and shall coy for tinge eased by Ita operation.to growing '! trope on said land..Na well M eaathen all be drilled ne 100 .et to the hour or barn now on said premises without written count of the ht Leon ace lelSC. shall have the right, ay n amine during.or after the expi rntration or,this lens remove all mnMnery.fiaturea.len seas,building,and other eraetura placed O ere , on said premises.lm.Wing the right to draw an rem a all a .Lessee agrees,upon the completion of any test u nit dry it or upon the nba ' T doo cot di of any predating well.to Rate the premise"to their ordinal contain as near as penticable and to remove all In.tallatione within•reasonable time. H CO 9. I1 the e.tate of either party hereto le anneal(and the privilege of sunning In whole or in part is rennin in allowed).the covenants hereof Mall 0 eatend to the heirs.devisees,.Neuton,admlnl.retors,rum aaars.and enigma.but no change of ownership in the land oe in the rentals or royalties or any CZ sum due under this lease shall be binding an the knee until It has been furnished with either the original recorded Inetrvmenr Of conveyance Of a duty gal ill rtified copy Nebel or a cenlned copy of the will of any deremd owner and of the proles le thereof,or certified copy of the proceedinn Morin _ o f appointment of en adminiarator for the estate of any deceased owner.whichever is appropriate.together with all original mended innamen's of en COL.) duly certified cooks thereof necessary In showing• n all complete chan of title back to tenor to the full Intet claimed,and advance pa,. p 4k• \ menu.A rentals made hereunder before receipt el Said documents shall be binding on any direct or Indirect winner,inner devisee.administrator. PM !with eteator or hear of nun. {•ry., 10. It is b ,agreed tha'tu''tl vent this haw Mil be aniseed as to•pert or as to prte of the above dereribed land and the holder or owner \W of any such part or pans dull make default in the pevmce(of the proportionate part of the not due from him or them.such dtfault mall not operate to 022- defer or affect this lease insofar sailIt c a part as of rid lend upon which the let o•any assignee hereof. n make due payment of rid rentals. O011II' insofar Linear hereby warrants and agrees to defend the title to the lend herein described and agrees that the levee al Ito option.may pay and di. IL thirst In whole or In part nv tents mortgages.orother Ilene existing.levied,or amend on swat.,the•hove described lands and Ire event It exerclsen '. W etch option.It Mil be'uncoated to the?tibia of any holder or hoiden thereof and may reimburse Itself by applying to the d(chon.of any such morn, .°c ale.tax or other lien.any royally or s se creting hereunder.. • ,'g <rill Notwithstanding12. Notwithnding anything in this lease contained to the contrary,it ht eipredy 'greed that If lessen shall commence operations for drilling at o , any time while this lease in in fern,this lean Art remain In force awl Ile tens shall continue a much etch operation.we ornerier and,if perdue. 1 , Yon habits therefrom•then as long r prv•ienen continue,. oz ;if within the primary term of this lease,production en the lewd enema..shall cease from any ciao On lease Mil not terminate provided m.,z operations foe the drilling of•well Moll becommenced before or on the neat ensuing rental Prins date;Cr,provided lens begins or resumes the pay' -.a.Merit of nnWt in the manner and amount herelnbefore provided.If.after the expiration of the primes ten of Chic lea..producpnn on the leaned 'o. 0 Premises shin salt from am emir.this tease shall not tennon provided le wee resumes operation.for rrwortine or drilling•well within dry(60) da ea Iran nab estion and this lean shell remain N force during the prosecution of ouch operations and.If production rear'Moreton,then at long•e V CC Production Continue,. W a If. Lessee,a hereby given the right at its option,at any time and from time to time.to pool or unitise all or any part or pray of the above de CZ ,eribed lend with other land.lean,or less in the immedlee vicinity Merrol,ouch pooling to he into unit"nut eaceeding tin minimum e net on which•well may M drilled under laws,rvlea,or regulations in force at the time ul such pooling or unitlsalon:provided.however,that loch units may rill earned teach minimum by not.more than ten pens if ouch ncen la RenninU order to conform to ownerulp subdivisions or lease lines.Lawn Man I nth option,r to eh desired unit.by erauting and recording an area.instrument identifying the unitized Any well drilled or enervating ption. I`r dueled en any part of each mach unit.hall be considered a wall drilled or operation,conducted under Oh Inn.and there than be allocated to the Portion • CO w'of the chore described land Included in any such unit such proportion of the actual production from all wens on such unit as ins.'s Intent.If any.In ' 0 cow.rich portion,computed on an wean bads,be the entire aeage of arch unit.And it is understood and agreed Mat the production so allocated • shall be considered for all p�poses, am to a leeluding the payment or ninny of royalty,to be the entire production from the portion of the above described 20U- land included In nets unit in the acme mans.as though produced from the above described land under the tens of the lea se. 7 IC, Thin lean and all Its ten.,conditions and stipulations shall ea tend to.and be binding on net of the panto who algns this Uwe.regardless of whether such lesser Is named above• d regardless of whether it in atoned by any of the other pause herein named as lean.This lean may be signed in counterpart.,each to have en earn effect as the origins,.origins,. .• IN WITNESS WIIRRror• .w Stet the day and year first above written. Q.._ • • Whalen /J 9 trig, X Ctets+.4�d.� X f�. F, E......dw/i�eeen Wiedeman S.S.11. 521-50-0610 Gary W./Wiedemanp a sing a elan . .... :..:.5.:. • ncy .1 edeman 0 097 4C 0109977 00/05/02 15.31 DO 1/001 ", AR 1A61655 F 074 f<Y ANN FFUF F'S TE IN CLERK 6 RF_rOhDr__ WELD CO, CO H 0960 NEC 01901055 0 '/02/ 02 OR 4 '. $3.00 1/001 1 - AR1E11727 MARY ANN FFUFRSTE TN CLERK 6 RFC:1C DFR WILD COUNTY, CO ° PERSONAL REPRES.'tITAIIVE'S DEED •.. THIS DEED is made by Charlotte L. Williamson as Personal Representative of the estate of Edna M. Balch, deceased, Grantor, to Edwien Wiedemnn and Gary W. Wiedeman of 5880 W. 49th Street, Greeley, Colorado, Grantees, ' }'. WHEREAS, the above-named decedent in her lifetime made and executed her -•;;.: ...—,k Last Will and Testament dated May 30, 1978, which Will woe duly admitted to informal probate on October 10, 1980 by the District Court Sn and for the County of Weld, and State of Colorado, Probate No. 80 PR 241; and ,. WHEREAS, Grantor was duly appointed Personal Representative of said Estate on October 10, 1980, and is now qualified and acting in said capacity; NOW, THEREFORE, pursuant to the power conferred upon Grantor by Article 12, Section 711 of the Colorado Probate Code, and for the consideration :4; of other good and valuable consideration and Ten ($10) Dollars, Grantor sells and conveys to Grantee all of the interest of the estate in the following ' '`.- . real property: - — - South h of Section 20, Township 5 North, Range 66 West of the •{l 6th P.M., except an 18.4 acre tract described as follows: Stole DCoCccuppmontory Fee -. , '; Commencing at the quarter corner on the east side of said Dcte....1..E.6-1.- • ° Section 20 running thence west on the.quarter line 1,350', q � - ` •- - thence south 42° 35' east 875 feet, thence south 62° 8'EaetC m7 R' ` 873 feet, thence north 00° 55' West 1,054 feet to the point of beginning, Weld County, Colorado, together with twelve , ._. , (12) shares Greeley and Loveland Irrigation'Company,,and ,l \ Contract No. 8 representing two (2) rights in the Loveland • ,f'• and Greeley Reservoir, and reserving and excepting therefrom . ,.. one-half of Grantor's interest in and to all oil, gas, hydrocarbon and other minerals for grantor, its heirs, personal representatives �a and assigns, and reserving and excepting therefrom all right, ?r�' title and interest to 130 units of Colorado Big Thompson qr Water, also known as 130 acre-feet of Class D allotment i 11 4 contract with the Northern Colorado Water Conservancy District. This t.2' ..--.t. .,#7..: 9T)IL(/ instrument conveys 25% of tha oil, gas, hydrocarbons and other minerals to Grantees. with all appurtenances, subject to special districts, easements, rights of way, end exceptions of record and mincal deed recorded at Book • e 1467 Reception No. 1244668 recorded January 4, 1957, Weld County Records. Executed "...",,/,„„..„.„,_...a / , 1982. �.An'f^-1 i d# 5(Cde./�isr7 Awf-f1/�- Charlotte L. Williamson, Personal Representative of the Estate of - - Edna M. Balch, Deceased. STATE OF COLORADO` ) —' ) es. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 1st day 1 �1-- of Feburary , 1982, by Charlotte L. Williamson as Personal _ Representative ofthe Estate of Edna M. Balch, Deceased. Witness my hand amloefc'CtaJ,'seal. a,. r.4io1ARY. r' ��_� � n � ^ C •,•°..•o-e• - t* i �-rtae. .ttQL 17V. .0 Inaten s • S. `\G i e ' Notary Public o . _ '•, a !Q4./ Address: 550 Greeley National Plaza i 'tiftCOmmilp10n:txpires:9-16-84 Greeley, CO 80631-3994 Rerecorded to reflect legal description correction and to clarify , -" • mineral reservation. • F. •f - .� B 0975 REC 01901066 08/19/82 08:45 $12.00 4/004 • F 1178 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ':�'•' ,•1, NA `+Cr9 2AM r2,:iT ATUO2 inc f. Restoration: Upon completion of any activity by Lessee, the leased premises shall be restored to its original condition as near as is reasonably practicable. If a well site is drilled, all matters brought upon the premises and not required for production shall be removed within a reasonable ' time, including any and all concrete, bentonite, sludge pits, etc., and not just 4 buried. Upon completion of all activities, the facilities of Lessee shall be _ completely removed from the premises and the same restored as above provided. • 6. Damages shall be Five Thousand Dollars ($5,000) per well site to be paid prior to moving rig on location. • DATED this 14th day of April , 1982. • • • DH1E=MAN NCY J8HIEDEMAN • G.• °'i t7i� 4 �i °Ndli7 \DEMA • • • • • yi M I: r= 31laligairsilliWimillimawe--. .-: frli,,,':''',1P :7,....1:/rIT :'e ' - i2:',1 HT' 6:). (,. B 0975 REC 01901066 09/19/02 08'145 112.00 3/004 F 1177 MARY ANN FEUERSTEIN CLERK G RECORDER WELD CO, CO EXHIBIT "A" TO OIL AND GAS LEASE DATED THIS 14th DAY OF April , I9G2A BETWEEN EDWIEN WIEDEMAN, LESSOR, AND THOMAS TOWNSHIP FIVE (5) NORTH, NG RANGE PORTION OF THE SOUTH HALF OF SECTION 'NENTY (20), ,py_ SIXTY-SIX (66) WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. This Addendum is attached to and made part of the above referenced Oil and Gas Lease: e 7", 1. Nature of this Addendum: This Addendum sets forth additional terms ^,', and conditions of the—use etwee� theth par extent ies andthe ise irtre specific fict than the attached printed form. Accordingly, o een this Addendum and the attached printed form. this Addendum shall control. . 2. Commencement of Operations: For purposes of this Lease, ^commencement of operationirshall mean actual spud date,i.e., commencement of actual drilling with the drill rig in place on the leased premises. 3. Providing of Information: At Lessor's request, Lessee shall ,. provide Lessors with all—geological information obtained from Lessee's drilling and exploration upon the leased premises free of charge. 4. Ancillary Rights: This Lease includes the granting to Lessee of necessary rights incidental to the exploration and production of oil and gas but _ is also expressly concerned with the protection of the surface estate or :. interests and the water rights of Lessor. Accordingly, ancillary rights shall be Limited to only those as are necessary such as pipeline and installation of necessary power lines. Any above-ground facilities shall be kept to the absolute minimum and if there are any alternatives to the location of any such facilities, they shall be located where they cause the least damage to Lessor's interests. 5. The Following Provisions Shall Control Lessee's Activities on the ;;._ Subject Property: .-' , a. Minimum Use of Surface: Under any circumstance, Lessee shall •f:" 7 , , • make all reasonable a forts to use only the minims amount necessary of Lessor's property in its operations so as to minimize any damage to, or interference with, Lessor's property. The maximum acreage affected shall be no more than four (4) acres per well site. "Affected acreage" shall include the well site, any roads installed, areas for pipelines and utilities, tank batteries and any other use of the property. b. Location of Facilities. Approval of Lessor: Facilities shall generally be located so as to minimize damage or f terference with Lessor's any eexploration,, well shall consult or lfacil facility related to this o the LeasePproposed location of c. Distance from Established Improvements: Any drilling site shall not be nearer than 300 feet to improvements on the leased premises without the written consent of Lessors. The term "improvements" vements" shall lhiinclude cluderall r" ` buildings, irrigation facilities and other permanent . . '5, d. Utilities: Utilities reasonably necessary for the production of oil and gas shall be placed underground, unless the Lessor otherwise agrees. Further, the same shall be located and installed upon the same criteria and in the same manner as is provided for pipelines. e. Roadways: Whenever reasonably possible, Lessee shall use void e to oy. orShould ned it beareasonablys on arequired thatses and aLesseea establish its oect wn roadway,, then the same shall be located consistent with the terms of this '•with the uAdendum in order to nrea onable damage consistent z interference other terms surface useage and avoid terms hereof. I: ,,1�' . 8 0975 REC 01901066 08/19/82 08:45 $12.00 2/004 a , F 1176 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO r{_ »' emM Montana.Gloved.,Utah. STATE OP ��.p/Q<.4.F.�.Q.___.__ Oki.l+.me, K..we ra*•Meo North R' g. - .I.' / )u. Mehra**.EDG Dana,SouthINDL D0U e ' COUNTY or ....._ ..Lr.�,,U__.___.__ ACKNOwIEDGMENT—INDNICUCA,Ly '• I. and foe said County and State, en this /.J.././f BEFORE ME the vnderugned. • Notary Public, + ........_._ .._.._. } .i^ day of 71,121F1-e--_.___ 19..�Z.personally app.'rat Edwien Wiedeman and Nancy S. Wiedemann husband and wife{ Gary W. Wiedemann a single man O. i•^•S,CI'•mss L' a ARk" .: l y; ', i'1] l I to me known to be the identical persons described in and who executed .. i:� `t¢ JJ,,¢ •�rgpina Instrument of writing and acknowledged to me that they..._...duty executed the same as their_..___..Fee .�'.. ,t froth ltela t And deed lot'the uses and purposes therein set forth. i ''s •A. r "'Pr.,-a N• - '1%,le �D4ZyK? sS WHEREOF. I have hereunto set my hand and alfl e m n rain. he A and year Iry written. '.Mt.C nnitl on Eapiera.J�.d'S c t4 ,Y LZJ�.?.86 ..,,./,�� ,elc 'GfL--r�X'Nn" u:._._... STATE OP .._._._....._._.._ _.__...._.. Oklahoma,Xanaah New M.xko,wrao.n. nta�Glorado•Utah. _}a Nebraska.North Dakota•Saa+a COUNTY OP _._.. ___._..___..—.._. f ACKNOWLEDGMENT—INDIVIDUAL BEFORE ME. the undersigned.a Notary Publik. In and for said County and State. on this.__._.___—..__.__._. y /.r'•.. . ' day of I9..._..__peramaiiy sppeoed__._..____._._._._..__..._.___.__..__..._........._.._...__...._.__. 99d-- to we known to be the identical persma.._._described in and who executed ' the within and foregoing instrument of writing and acknowledged to me$het._ duly executed the same as.......---....._.._._.-free , and voluntary act and deed for the uses and purposes therein set forth. JY: .4. IN WITNESS WHEREOF. I have hereunto set my hand and alli-ed my notarial Se Ai the day and yrar last above written. !•l My Commiaton Expires..........._._._..........._.._._..._...., _.. _._......._. •:. :,,c'. Notary Public ACKNOWLEDGMENT (For ire by GrWration) �a County of .. _.._._....__._.._.__. • On this day of A. D. 19 before me personally •y appeared _.._. . .. .. to me personally known.who. being by me duly sworn,did ay that he is the..._ of......_.._.._.........._._.._ __.._._..._._ ... Yr - said instrument is the corporate seat of said co . . '.:,•' __......_.ard that the aril affixed tocorpora. •.: '..;, ton and that said instrument was signed and sealed in behalf of said corporation by authority of na Board of Directors. and said acknowledged aid instrument to be the free act and deed of said corporation. :",4 Witness my hand and sal that. __ _____.—____.......day of ..A. D. 19.._...... -.' (SEAL) (. Notary Public. . ... My Commission expires , 2 j �. I i a I g i a I 0 6 — I " a t _ 8 l i i e i al . ,. I It ° Q 1 1 0 I I V I Y 6 i I of �^.�; -: • I . 3 g !iAA ! i R t I o 7 Ili CITY OF GREELEY, COLORADO RESOLUTION NO. 93, 2000 A RESOLUTION FOR THE WIEDEMAN FOURTH ANNEXATION PETITION, REPEALING RESOLUTION NO. 62, 200'0, AND FINDING SUBSTANTIAL COMPLIANCE WITH STATE ANNEXATION LAWS AND SETTING A HEARING FOR CONSIDERATION OF AN ANNEXATION WHEREAS, on November 7, 2000, the City Council of the City of Greeley adopted Resolution No. 62, 2000, finding that this annexation petition complies with C.R.S. §§ 31-12- 104 and 31-12-105, setting the public hearing for consideration of the proposed annexation petition for December 19, 2000, and authorized the City Clerk to publish and notify required parties pursuant to C.R.S., § 31-12-108(2); and WHEREAS, C.R.S. § 31-12-108 provides that the hearing be held not less than thirty days nor more than sixty days after the effective date of the resolution setting the hearing and that the notice of the hearing be published once a week for four successive weeks with the first publication of the notice being at least thirty days prior to the date of the hearing; and WHEREAS, the first of the four successive weekly publications occurred less than thirty days prior to the date of the hearing and correction can not occur within the sixty days after the effective date of Resolution No. 62, 2000; and WHEREAS, it is in the best interest of the citizens of the City of Greeley and the annexation petitioners to repeal Resolution No. 62, 2000, in its entirety and to make a finding of substantial compliance and schedule a hearing date in order to comply with the provisions of state law; and WHEREAS, Edwin and Gary Wiedeman, submitted an annexation petition to the City of Greeley for annexation of property located generally northwest of 37th Street at 7P1 Avenue in the City of Greeley, Colorado; and SEE ATTACHED LEGAL "EXHIBIT A" FOR WIEDEMAN FOURTH ANNEXATION 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.; and 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. Resolution No. 62, 2000, a copy of which is attached hereto as Exhibit B, is hereby repealed in its entirety. 2. The annexation petition is found to comply with C.R.S., § § 31-12-104 and 31- 12-105. 3. The public hearing for consideration of the proposed annexation petition is hereby set for February 6, 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.. 4. The City Clerk is hereby authorized to publish and notify required parties pursuant to C.R.S., § 31-12-108(2). 5. This resolution shall become effective immediately upon its passage. PASSED, AND ADOPTED, SIGNED AND APPROVED this 19th day of December, 2000. ATTEST: THE CITY OF GREELEY, COLORADO BY_ nx t, , f(L. 'cim✓ By: City Clerk/ / Mayor Exhibit "A" LEGAL DESCRIPTION OF WIEDEMAN FOURTH ANNEXATION That portion of Section 20, Township 5 North, Range 66 West of the 6th P.M., County of Weld, • State of Colorado, more particularly described as follows: Considering the East line of the Southeast Quarter of said Section 20, as monumented by a 3/4" X 30" rebar with a 3 1/4" diameter aluminum cap, P.L.S. 10855 at the East Quarter corner of said Section 20 and by a 3/4" diameter rebar with a 3 1/4" diameter aluminum cap, P.L.S. 22098 at the Southeast corner of said Section 20, to bear an assumed bearing of South 01°21'04" East with all bearings contained herein relative thereto. Beginning at the West Quarter corner of said Section 21; thence along the West line of the Southwest Quarter of said Section 21 South 01°21'04" East 1120.66 feet; thence continuing South 01°21'04" East 107.03 feet; thence continuing South 01°21'04" East 20.00 feet; thence continuing South 01°21'04" East 1078.16 feet to the TRUE POINT OF BEGINNING; thence continuing along said West line South 01°21'04" East 297.19 feet to the Northerly right of way line of 37th Street; thence along said right of way line South 89°36'06" West 812.69 feet; thence North 1973.87 feet to the Southerly line of that certain parcel described under Reception No. 1899727, records of said County; thence along said Southerly line South 62°45'34" East 804.09 feet; thence South 01°21'04" East 226.68 feet; thence South 01°21'04" East 1078.16 feet; thence North 88°38'56" East 20.00 feet; thence North 01°21'04" West 722.11 feet; thence North 88°38'56" East 20.00 feet; thence South 01°21'04" East 722.11 feet; thence North 88°38'56" East 20.00 feet more or less to the TRUE POINT OF BEGINNING. The above described parcel contains a gross acreage of 30.77 acres more or less.. . L..::.:.. . r---- - -- E to 04 Ce 3 WIEDEMAN 4TH ANNEXATION 28th 5. W. a 2 a = iIn .ie1 ' 1I . 1 `S 35.47 ACRES 37THST ` YI YS NNNNNN•-. .X N'N i Proposed Annexations: _ , 7. Wiedeman Annex' noN Parcel Line ' inch equals 1,300 feet Road c�yofGreeley 10/30/00 City of Greeley ; 3 Program wied annex.mxd � - T i� Exhibit "B" CITY OF GREELEY, COLORADO RESOLUTION NO. 62, 2000 A RESOLUTION FOR THE WIEDEMAN FOURTH ANNEXATION PETITION FINDING SUBSTANTIAL COMPLIANCE WITH STATE ANNEXATION LAWS AND SETTING A HEARING FOR CONSIDERATION OF AN ANNEXATION WHEREAS, Edwin and Gary Wiedeman, submitted an annexation petition to the City of Greeley for annexation of property located generally northwest of 37th Street at 71" Avenue in the City of Greeley, Colorado; SEE ATTACHED LEGAL FOR WIEDEMAN FOURTH ANNEXATION 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.; and 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 December 19, 2000, at the Greeley City Council Chambers, 919 7th 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. PASSED, AND ADOPTED, SIGNED AND APPROVED this 7th day of November, 2000. ATTEST: THE CITY OF GREELEY, COLORADO By: tT�A . 4 O s) By: City Cler*C Mayor 2 ° LEGAL DESCRIPTION OF WIEDEMAN FOURTH ANNEXATION That portion of Sections 20, 21, 28, and 29, Township 5 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Considering the West tine of the Southwest Quarter of said Section 21, as rnonumented by a 3/4" X 30" rebar with a 3 1/4" diameter aluminum cap, P.L.S. 10855 at the West Quarter corner of said Section 21 and by a 3/4" diameter rebar with a 3 1/4" diameter aluminum cap, P.L.S. 22098 at the Southwest corner of said Section 21, to bear an assumed bearing of South 01'21'04" East with all bearings contained herein relative thereto. Beginning at the West Quarter corner of said Section 21; thence along the West line of the Southwest Quarter of said Section 21 South 01'21'04" East 1120.66 feet; thence continuing South 01'21'04" East 107.03 feet; thence continuing South 01'21'04" East 20.00 feet; thence continuing South 01'21'04" East 1078. 16 feet to the TRUE POINT OF BEGINNING; thence continuing along said West line South 01'21'04" East 297.19 feet to the Northerly right of way line of 37th Street; thence along said right of way line North 89'31'25" East 2600.86 feet to the Westerly right of way line of 65th Avenue; thence along said right of way line the following two courses: South 00'47'57" East 29.98 feet; thence South 00'03'29" East 30.03 feet to the Southerly right of way line of 37th Street; thence along said right of way line the following two courses: South 89'31'25" West 2600.38 feet; thence South 89'36'06" West 813.62 feet; thence North 2033.87 feet to the Southerly line of that certain parcel described under, Reception No. 1899727, records of said County; thence along said Southerly line South 62'45'34" East 804.09 feet; thence South 01'21'04" East 226.68 feet; thence South 01'21'04" East 1078. 16 feet; thence North 88'38'56" East 20.00 feet; thence North 01'21'04" West 722. 11 feet; thence North 88°38'56" East 20.00 feet; thence South 01'21'04" East 722.11 feet; thence North 88'38'56" East 20.00 feet more or less to the TRUE POINT OF BEGINNING. The above described parcel contains a gross acreage of 35.47 acres more or less. f O ‘5,, cc WIEDEMAN 4TH ANNEXATION — 8th a O el • Q co Wieaecc : i .• .. . d.: 35.47 ACRES tt 17TH ST s — sYy }TO•N•NYNNN•.• •X '✓"w'aJK Proposed Annexations: 1 Wiedeman Annex �" A . ., N Parcel Line ' inch equals 1,300 feet Road acted by City of Greeley 10/30/00 City of Greeley Program wed annex mad ,• 9 At 4 Hello