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Home My WebLink About20000718.tiff NELSON ANNEXATION To TOWN OF FREDERICK Submitted February 9, 2000 Grant ♦ Grant, LL? 436 Coffman Street, Suite 200 Longmont, Colorado (303) 776-3100 FAX: (303) 774-2349 Email: law@grant-grant.com �, t�°,� D:� � t ;,v', "y-1 , 2000-0718 ANNEXATION APPLICATION FREDERICK, COLORADO APPLICANT Name Kent P. Nelson Family Partnership, LLP and David P. Nelson Family Partnership, LLP Address do Cameron A. Grant Grant & Grant, LLP 436 Coffman Street, Suite 200 P.O. Box 908 Longmont, Colorado 80502-0908 Telephone (303) 776-3100 Facsimile (303) 774-2349 SUBJECT PROPERTY Address A portion of the SE %5 of Section 26 and a portion of the Section 35, Township 2 North, Range 68 West of the 6`h P.M., Weld County, Colorado Dimensions 600.917 acres, more or less Present Zoning Agricultural Present Use Agricultural Requested Zoning PUD FEE ATTACHED $500.00—Application Fee. Applicants Edward . Gorab, Grant & Grant, LLP, Date on behalf of Kent P. Nelson Family Partnership, LLP and David P. Nelson Family Partnership, LLP r e,atanviceisE.-v ,,each.,,oWxa,,,,e.s,ron.nnricjeo„s n,a„s�e,,mp.L kc I NELSON ANNEXATION TO TOWN OF FREDERICK Index Application 1 Intent and Community Enhancement Statements 2 Technical Criteria 2 Petition for Annexation Exhibit A Letters from Special Districts (Submitted Under Separate Cover) Title Commitment Exhibit C Surrounding Property Owner Report Exhibit D Annexation Impact Report Exhibit E Vicinity Map Exhibit F 11 x 17 Annexation Map Exhibit G tt 24 x 36 Annexation Map Exhibit H ;t =s; hi kg NELSON ANNEXATION Intent and Community Enhancement Statements This Petition for Annexation is the Applicants' first step toward developing their property as a positive and integral part of the Frederick community. The property is adjacent to the Town's boundary, and thus annexation to the Town is logical, cost effective, and desirable. The Applicants are currently in the process of forming a plan for the development of the property. Because the property is situated as a gateway to the Town of Frederick, the Applicants' goal is to develop the property in such a way as to embody the essential character of the Town, and set it apart from the neighboring municipalities. The Applicants request that the property be zoned PUD. This zoning designation will allow the Applicants the flexibility necessary to ensure that this gateway to the community is unique and a proper representation of the Town of Frederick. The Applicants' goal is to create the combination of a generous amount of open space, residential, commercial and industrial uses that makes small town life so appealing. Technical Criteria t. Where is your project located in relation to the Planning Area Boundary? The property is located in Section 35, T2N R68W, adjacent to Highway 52 on the south and I-25 on the West, within the Town of Frederick Planning Area Boundary. 2. How many feet is the perimeter of your property and how many of those feet are contiguous with the existing Town of Frederick boundary? The perimeter of the property is 20,730.62 feet, 15,334.2 feet of which are contiguous to the Town boundary. 3. Does this meet the 1/6 contiguity requirement found in the State Statute? Yes. 4. If right-of-way (ROW) is adjacent to your property, are you annexing the entire width or none of the ROW? The applicant is annexing approximately 2643 feet of the entire width of Weld County Road 16, from Weld County Road 11 to the west. The Applicant is annexing no other rights-of-way. G'Chen¢\N'NektWnncxauunDocAt nnexation Application&Intent Stateroom doc 2 5. What is the land use designation for the property as shown on the Land Use Map in the Frederick Comprehensive Plan? The Comprehensive Plan Map designates the property for mixed use business/industrial, park and residential use. 6. What land use are you requesting? While the Applicants' plans for development of the property have not been finalized, the Applicants anticipate a mix of residential, commercial, industrial, and open space uses. 7. How does the land use you are requesting relate to the locational criteria listed under Strategy 2.2.3 of the Frederick Comprehensive Plan? Strategy 2.2.3 requires a developer to consider five criteria when siting a residential land use. These criteria are being considered as the Applicants plan the development of the property. a. Utility capacity when determining residential density. The Applicants have had extensive discussions with service and utility providers. Based on discussions with those service providers, the Applicants anticipate that all necessary utilities can be provided to the property, an. b. Physiographic and environmental constraints when determining density and location of sites. While the Applicants have not conducted any environmental studies on the property, they are not aware of any physiographic or environmental constraints that would hinder development of the property. The Frederick Environmental Issues Map (1996) indicates that a small portion of the property is designated as "Sensitive Wildlife Area", and that further investigation is required. c. Proximity to Shopping, Schools, etc. The Property is located within two miles, from the center of the Town of Frederick. Additionally, parks, elementary, middle and a high school are all proposed to be constructed within one half mile from the Property. d. Access and Proximity to Local, Collector and Arterial Streets for Residential Developments. Based upon the Transportation Map of the Frederick Comprehensive Plan, the property is adjacent to a principal arterial (Highway 52), minor arterials (Weld County Roads 11 and 16), and Freeway(Interstate 25). G\Clientsl&NelsMnnexalon llr\Annexation Application&Intent Statement doc 3 e. Compatibility with Adjacent Land Uses. It is anticipated that all land uses will be compatible with the adjacent commercial, residential and agricultural uses. 8. What is the current zoning of the property? Agricultural. 9. What is the requested zoning of the property? The requested zoning is Planned Unit Development (PUD). 10. Is the proposed land use permitted in the requested zoning district? Applicants will conform all development on the property to the requirements of the PUD zone. 11. What is the anticipated development schedule for your property? Applicants anticipate that development will begin in the next 12—24 months. 12. Explanation of Project Financing. It is anticipated that the development of the property will be privately financed. G Cl ienis`,V NdsMnnexation Docs',Annexation Application&Intent Statement dcc 4 EXHIBIT A PETITION FOR NELSON ANNEXATION The undersigned hereby respectfully petition the Town of Frederick to approve the annexation to the Town of the territory shown on the map attached hereto and described as follows, to-wit: Parcels and land located in the Southeast Quarter of Section 26 and in Section 35, Township 2 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado, more particularly described in Exhibit A, attached hereto and incorporated herein. In support of this petition, the petitioners state: 1. That it is desirable and necessary that the above described territory be annexed to the Town. 2. That the requirements of C.R.S. sections 31-12-104 and 31-12-105, as amended, exist or have been met in that: 2.1 That the petitioners are the landowners of more than fifty percent (50%) of the territory, excluding streets and alleys, herein proposed for annexation to the Town. 2.2 That not less than one-sixth (1/6) of the perimeter of the above described territory hereby petitioned to be annexed to the Town is contiguous to the Town limits. 2.3 That a community of interest exists between the above described territory and the Town, that the same is urban or will be urbanized in the near future, and further that said territory is integrated or is capable of being integrated into the Town. 2.4 That, in establishing the boundaries of the above described territory, no land held in identical ownership, whether consisting of one (I) tract or parcel of real estate or two (2) or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, except and unless where such tracts or parcels are already separated by a dedicated street, road or other public way. 2.5 That land in one (1) ownership comprising twenty (20) acres or more, which has an assessed ad valorem tax value in excess of two hundred thousand dollars ($200,000.00) for the year preceding annexation, shall not be included in the annexation without written consent of the owner unless the parcel is located entirely within the outer boundaries of the Town as they exist at the time of annexation. 3. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. 4. The annexation of the territory proposed to be annexed will not result in the detachment of area from a school district. 5. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Frederick more than three miles in any direction from any point of the boundary of the Town of Frederick in any one year. 6. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Frederick will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Frederick; and the proposed land uses for the area; such plan to be updated at least once annually. 7. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width. of the street or alley has been included within the territory to be annexed. The Town of Frederick will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Frederick but is not bounded on both sides by the Town of Frederick. 8. Accompanying this petition are four copies of an annexation map containing the information following: 8.1 A written legal description of the boundaries of the area proposed to be annexed; 8.2 A map showing the boundary or the area proposed to be annexed, said map prepared and containing the seal of a registered engineer; 8.3 Within the annexation boundary map, a showing 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; 8.4 Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Frederick and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 9. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations of the Town of Frederick, except for general property taxes of the Town of Frederick which shall become effective as of the January 1 next ensuing. Zoning: Petitioner requests that said territory be zoned P.U.D. It is anticipated that this property will be used for Residential and Commercial purposes under the Town's Zoning Ordinance. Fees: A nonrefundable fee of$500.00 shall accompany the petition. Additional costs covering publication, attorney's fees, engineer's fees, recording fees and any other reasonable expenses by GSAIFNTSWNEL5F'ANNEXAIION DOGS NNEX TPON PETMON.Doc 2 the Town shall be itemized by the Town Clerk and paid by the petitioner before approval of the annexation. Petitioner hereby respectfully requests the Town of Frederick approve the annexation. Nelson Annexation c/o Cameron A. Grant Grant & Grant, LLP 436 Coffman Street, Suite 200 P.O. Box 908 Longmont, Colorado 80502-0908 [Petitioners' signatures appear on the following pages] G'CLIENTS N\NELSF'ANNEXATION OOGS\ANNEXATION PETITION O0C 3 DATED:u/Crt 7006 PETITIONERS: KENT P. NELSON FAMILYPARTNERSHIP, LLP By: �P/vG/f 71e1/1....074 Kent P. Nelson, General Partner DAVID P. NELSON FAMILY PARTNERSHIP, LLP By: awl c airN, David P. Nelson, General Partner c¢uewrswwe�sFaNrexanor+oocswrNexanoN Pennon ooc 4 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) kc...A,.,P,r2; %._ L cfs& , being first duly sworn upon oath, deposes and says that he was the circulator of this Petition for Annexation of lands to the Town of Frederick, Colorado, consisting of C pages including this page and that the signatures of Kent P. Nelson and David P. Nelson hereon were witnessed by your affiant and is the signature of the person whose name it purports to be. a— c - R. Qn-Z , Circulator Subscribed and sworn to before me this day of F61 9,,,- tkiy , 2000 by Fbv_JU R. `i;fvi,& . Witness my hand and official seal. My commission . s: I I --- /, (?r) kijO/ .'� Notary Public 2; SHANNON C. t. RENKE 4•. q0 c:'CUENTS\N\NELSrANNE%F➢ON DOCSWNNEXA➢ON PEDIION Doe 5 EXHIBIT A LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION TWENTY-SIX. AND A PORTION OF SECTION THIRTY-FIVE, TOWNSHIP TWO NORTH, RANGE SI/TY-EIGHT WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: - - BEGINNING AT A POINT 50.00 FEET EAST AND 30;00 FEET SOUTH OF THE NORTHWEST CORNER OF SECTION THIRTY-FIVE, TOWNSHIP TWO NORTH, RANGE SIXTY-EIGHT WEST OF THE SIXTH PRINCIPAL MERIDIAN, AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION THIRTY-FIVE AS BEARING N89'54'.53"E, AND WITH ALL OTHER BEARINGS RELATIVE THERETO,: THENCE ALONG THE EAST RIGHT-OF-WAY OF INTERSTATE HIGHWAY • 25, S00'01 '34"E A DISTANCE OF 2632.83 FEET; THENCE SOO'01 '50"E A DISTANCE OF 1647.29 FEET; THENCE SI A DISTANCE OF 252.90 FEET; THENCE S72'54'25"W A DISTANCE OF 40.00 FEET: THENCE' S01" 1 I '20"E A DISTANCE OF 50.50 FEET; THENCE 552'07.50"F A DISLANCE OF 53.30 FEET; THENCE N72'54'25"E A DISTANCE OF A2.00 FE.Lr; HENCE S 'I `M5'55"E A DISTANCE OF 669.60 FEET TO THE NOR D-1 NICLIT -0= —N'A', LINE CL COLORADO STATE HIGHWAY 52; THENCE ALONG SAID NORTH RIGHT--CE -- �rAr . N89'53'5l "E A DISTANCE OF 349. 15 FEET; THENCE N81 '0:Y41"F A DISTANCE OF 303.00 FEET ; THENCE N89'50' 11 "E A DIS'ANCI C!; 2S96.E1 FELT ; HENCE N8-1'40'49"E A DISTANCE OF 1708,98 FEET; THEI;ICE 1H-L.1'4C' 12"E A DISTANCE ,of 135 73 FEET TO THE WEST RIGHT-OF-WAY LINE OI U;PL.D NOUN IOOUN PI ROAD 610 ; TI 'IENCE ALONG SAID WEST RIGHT-OF-WAY, H00 275; 1 -1 .. DISGAI VT OF 218 2.23 EEL THENCE NO0'47'32"E A DISTANCE OR 2582 7 ; EE 1 IN r;JRrH FIGH[..OF- ;LA( LINE OF WELD COUNTY ROAD NO. 15. HE.HNL- "FIJI /: ti L) NORTH PI:_rIT -C'P -WAr, S89'5a-'44"W A DISTANCE OF 188 / 57 EE 'I ; ' NENCE 5_22' 19' C"L A D:SIANCE OF 32.41 FEET; THENCE 300'05' 151 A D'"TANCL C1E3LL.,J1J 'LET 10 1HE SOUTH RIGHT-OF-WAY _INE OF SAID CELL) COLINI{ ROAD NO 6: THENCE ALONG SAID SOUTH RIGHT-OF-WAY, 889.54'44 "v,, A D STAN[ E CF 739.0-4 FEET; THENCE 389'54'53"W A DISTANCE OF 2595.81 EL C DIE EAST R G H T - 01 --V/AY LINE OF INTERSTATE HIGHWAY 25 THE POINT 05 REGINNING. THUS DESCRIBED PARCEL OF LAND CONTAINS 618.873 ACRES MORE OR LESS, EXHIBIT C COMMONWEALTH LAND TITLE INSURANCE COMPANY 1002 17TH AVENUE LONGMONT, CO 80501 Grant & Grant, LLC 436 Coffman St. #200 Longmont, CO 80502 Attn: Ted Gorab Order No. F928182 February 02, 2000 RE: /David P. Nelson Family Partnership In connection with the above matter, we are enclosing herewith the following: Title. Insurance Commitment We are pleased to have the opportunity to be of service. If you have any questions or changes, please contact Commonwealth Land Title Insurance Co. at 772-9164 cc: Crews and Zeren Attn: Bill Crews • COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment No. : F928182 1. Effective Date: January 26, 2000, at 8: 00 a .m. 2 . Policy or policies to be issued: Amount. Premium A. ALTA Owner's Policy $TBD $500. 00 Proposed Insured: EXAM ONLY B. ALTA Loan Policy $ $ Proposed Insured: 3 . The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto at the effective date hereof vested in: David P. Nelson Family Limited Partnership, L.L.L.P. , as to an undivided 1/2 interest AND Kent P. Nelson Family Limited Partnership, L.L.L.P: , as to an undivided 1/2 interest 4 . The land referred to in this commitment is described as follows: (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) COMMONWEALTH LAND TITLE INSURANCE COMPANY By LINDA BuRCH Authorized Signature Issued: February 02 , 2000 LB/cv COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No. : F928182 SCHEDULE A - Continued LEGAL DESCRIPTION All of Section 35, Township 2 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado, EXCEPTING THEREFROM the following: Book 1552 at Page 68 and 69, Reception No. 1599685, Book 1024 at Page 111, Book 872 at Page 211 and Book 1028 at Page 372 . Page 2 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No. : F928182 SCHEDULE A - Continued REQUIREMENTS The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorder of the county in which said property is located. NOTE: PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) THE COMPANY WILL NOT ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS COMMITMENT UNTIL IT HAS BEEN PROVIDED A CERTIFICATE OF TAXES DUE OR OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; OR UNTIL THE PROPOSED INSURED HAS NOTIFIED OR INSTRUCTED THE COMPANY IN WRITING TO THE CONTRARY. NOTE: IF THIS TRANSACTION INCLUDES A SALE OF THE PROPERTY AND THE SALES PRICE EXCEEDS $100, 000. 00, THE SELLER MUST COMPLY WITH THE DISCLOSURE/WITHHOLDING PROVISIONS OF C.R.B. 39-22-604 .5 (NONRESIDENT WITHHOLDING) . NOTE: EFFECTIVE SEPTEMBER 1, 1997, CRS 30-10-406 REQUIRES THAT ALL DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND RECORDER'S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH AND A LEFT, RIGHT AND BOTTOM MARGIN OF AT LEAST ONE-HALF INCH. THE CLERK AND RECORDER MAY REFUSE TO RECORD OR FILE ANY DOCUMENT THAT DOES NOT CONFORM. NOTE: This commitment is furnished to provide local, City or County agencies information relative to the current record status of subject property. Said commitment contemplates no concurrent transactions. Page 3 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No. : F928182 SCHEDULE B EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2 . Easements, or claims of easements, not shown by the public records. 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4 . Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. Note: The above exception will not appear on policies where closing and settlement has been performed, by the company. 6 . a. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. b. Any and all unredeemed tax sales, if any. Note:Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception 6b will not appear on the policy to be issued hereunder. Note: PURSUANT TO CRS 10-11-122 NOTICE IS HEREBY GIVEN THAT: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION MAY BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Page 4 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No. : F928182 SCHEDULE B - Continued EXCEPTIONS 7. Reservation of the right of way for said railway in width and in manner and form as provided by the Acts of Congress in relation thereto. And it is further agreed that whenever it is required by law that the company shall fence its road, such fence along the line of the road upon the land hereby conveyed shall be erected and maintained by the party of the second part his heirs and assigns in all respects as required by law, and this agreement is hereby declared a covenant running with the land herein conveyed; and provided also that- said company shall be exempt from all claim for damages to the possession and use of said land that may accrue to the party of the second part, or his assigns in the construction and operating of said railway as contained in instrument from The Denver Pacific Railway recorded December 6, 1875 in Book 12 at Page 360, and any interests therein, assignments, or conveyances thereof. 8 . Right of Way for pipeline purposes as grnated to Wyco Pipe Line Company by instrument recorded March 4, 1947 in Book 1199 at Page 459, said right of way being the West 1/4 corner of Section 35. 9 . Easement for canal purposes as granted to Northern Colorado Water Conservancy District by instrument recorded February 20, 1956 in Book 1443 at Page 160, said easement being a perpetual easement and right-of-way to reconstruct the now existing Lower Boulder Irrigation Canal and to construct, operate and maintain the South. Platte Supply Canal, including the right to borrow from or fill, on, over and across the property in said instrument. 10 . Easement for Electrical purposes as granted to Public Service Company of Colorado by instrument recorded April 27, 1960 in Book. 1556 at Page 609 , said easement being the South 1/2 of the South 1/2 of Section 35 more particularly described as follows: A right of way for a guy and anchor to be located 73 .7 feet North and 1518 . 0 feet West of the South 1/4 corner of said Section 35. 11. Right-of-Way Easement and Agreement for gas distribution and related facilities purposes as granted to Rocky Mountain Natural Gas Company by instrument recorded February 1, 1962 in Book 1605 at Page 399, said right-of-way easement being described in said instrument. 12 . Right-of-Way Easement and Agreement for water pipeline purposes as granted to Foothills Water Users Association, A Colorado Corporation by instrument recorded May 2, 1962 in Book 1613 at Page 332 , said right-of-way easement being described in said instrument. Page 5 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No. : F928182 SCHEDULE B - Continued EXCEPTIONS 13 . Right-of-Way Easement and Agreement for water pipeline purposes as granted to Foothills Water Users Association, A Colorado Corporation by instrument recorded May 7, 1962 in Book 1613 at Page 560, said right-of-way easement being described in said instrument. 14 . Oil and Gas Lease from Lansons Farm, A Partnership composed of Dave P. Nelson and Kent P. Nelson to Ray O. Brownlie, recorded February 9, 1971 as Reception No. 1561991, and any interests therein, assignments or conveyances thereof. Said Lease extended by Affidavit of Production recorded December 31, 1973 in Book 705 as Reception No. 1627430 and Affidavit of Lease Extension recorded March 12, 1976 in Book 761 as Reception No. 1683306. NOTE: There is a document of record entitled Release recorded July 2, 1975 in Book 742 as Reception No. 1664159 which appears to change and release certain things in connection with the above described Lease. 15 . Right-of-Way Easement and Agreement for communication purposes as granted to The Mountain States Telephone and Telegraph Company, A Colorado Corporation by instrument recorded April 20, 1972 as Reception No. 1588041, said right-of-way easement being described in said instrument. 16. Right-of-Way Easement and Agreement for water pipeline purposes as granted to Left Hand Water Supply Company, A Colorado Corporation by instrument recorded August 30, 1972 as Reception No. 1596552 , said right-of-way easement being described in said instrument. 17 . Easement for re-aligning canal purposes as granted to United States Department of The Interior, Bureau of Reclamation by instrument recorded October 16, 1972 as Reception No. 1599686, said easement being described in said instrument. 18 . Easement for re-aligning canal purposes as granted to United States Department of The Interior, Bureau of Reclamation by instrument recorded December 18, 1973 as Reception No. 1626798, said easement being described in said instrument. This easement is given to correct the name on easement dated September 21, 1972 , recorded in Book 678 , Reception No. 1599686 on October 16, 1972 , to change the name of Lanson's Farm, A Partnership to Lansons Farm, A Partnership. Page 6 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No. : F928182 SCHEDULE B - Continued EXCEPTIONS 19. Mineral Deed from Lansons Farm, A Partnership to David P. Nelson and Kent P. Nelson, Trustees conveying an undivided one-third of the oil, gas and other minerals in and under the subject property, recorded January 30, 1974 as Reception No. 1629287, together with the right of ingress and egress at all times for the purpose of mining, drilling and exploring said lands for oil, gas, and other minerals and removing the same therefrom; and any interests therein, assignments or conveyances thereof. 20. Right-of-Way Easement and Agreement pipeline purposes as granted to AMOCO Production Company, a Delaware Corporation by instrument recorded April 4, 1975 as Reception No. 1657491, said right-of-way easement being described in said instrument. 21. Right-of-Way Easement and Agreement for pipe line purposes as granted to Panhandle Eastern Pipe Line Company, A Delaware Corporation by instrument recorded July 12 , 1976 as Reception No. 1693411, said right-of-way easement being described in said instrument. 22 . Right-of-Way Easement and Agreement for pipe lines and drips, pipe line markers, cathodic equipment purposes as granted to Panhandle Eastern Pipe Line Company, A Delaware Corporation by instrument recorded August 23 , 1977 as Reception No. 1728101, said right-of-way easement being described in said instrument. 23 . Right-of-Way Easement and Agreement for valve and pipe purposes as granted to AMOCO Production Company, A Delaware Corporation by instrument recorded March 28 , 1978 as Reception No. 1748641, said. right-of-way easement being in the East 1/2 of Section 35, described to-wit; a parcel of land 30 feet in width and 20 feet in length for the purpose of installing an eight inch valve on existing right-of-way. Three thousand seven hundered and twenty feet more or less, North of the intersection of Highway 52 and Weld County Road 11. 24 . Right-of-Way for pipeline purposes as granted to Associated Natural Gas, Inc. , A Colorado Corporation by instrument recorded June 22 , 1992 as Reception No. 2292667 , said right-of-way not being specifically defined, however, it does have an exhibit showing a drawing of said right-of-way. 25 . Easement for sewer line purposes as granted to St. Vrain Sanitation District by instrument recorded April 19, 1994 as Reception No. 2384411, said easement being described in said instrument. Page 7 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No. : F928182 SCHEDULE B - Continued EXCEPTIONS 26. Right-of-way for Lower Boulder Ditch as evidenced by statement filed in the Weld County Clerk & Recorder's Office, insofar as the same may affect subject property. 27. Rights-of-Way for county roads along the Northerly and Easterly portions of subject property. 28. Right-of-way for highway purposes along the Westerly and Southerly portions of subject property. 29. Terms, conditions, provisions and obligations of Notice of Lis Pendens recorded September 23 , 1999 as Reception No. 2722254 . The Owner's Policy of title insurance committed for in this Commitment, if any, shall contain, in addition to the items set forth in Schedule B, the following items: (1) The Deed of Trust, if any, required under Schedule A. (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) Any and all unpaid taxes, assessments and unredeemed tax sales. Page 8 ISSUED BY r! IN SURANCE LAND Tin- .NSURANCE COMPANY COi1ti.--.MENT FOR TITLE Commonwealth ,\ L\NDA.MEPICA COMPANY Commonwealth Land Title Insurance Company, a Pennsylvania corporation, herein called the company, for a valuable con- sideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject: to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company,either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF,COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its Corporate Name and Seal to be hereunto affixed; this instrument, including Commitment, Conditions and Stipulations attached, to become valid when countersigned by an Authorized Officer or Agent of the Company. • COMMONWEALTH LAND TITLE INSURANCE COMPANY �_011Tt41s By:Attest: /. 411. Secretary y pn / President �ib400•ISib3 J Conditions and Stipulations I. The term mortgage, when used herein,shall include deed of trust,trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule 13 hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule 8, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. PA 3 American Land Title Association Commitment- 1966 Cover Page EXHIBIT D AFFIDAVIT OF SURROUNDING SURFAQE OWNERS (Nelson Annexation) Subject Property: Township 2 North, Range 68 West, 6th P.M., Weld County, CO Section 35: All, EXCEPTING THEREFROM the following: Book 1552 at Pages 68 and 69; Book 678 at Reception No. 1599685; Book 1024 at Page 111; Book 872 at Page 211; and Book 1028 at Page 372 STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, deposes and states that to the best of his knowledge the following is a true and accurate list of the names and addresses (and the corresponding Parcel Identification Numbers assigned by the Weld County Assessor) of the owners of the surface estates within 300 feet of the Subject Property. This list was compiled from the records of the Weld County Assessor on February 10, 2000. 1313-36-0-00-019 1313-26-0-00-082 Dacono Investment Co. Wallace H. & Douglas Grant 6825 Tennessee, Bldg. 1 #235 436 Coffman St., Ste. 200 Denver, CO 80224 Longmont, CO 80501 1313-25-0-00-011 1313-27-0-00-040 Edward A. & Carol L. Herson R H Frederick LLC P.O. Box 27 5734 S. Prince, Ste. 200 Frederick, CO 80530 Littleton, CO 80120 1313-26-0-00-069 1313-27-0-00-043 Leo Martinez Longmont Capital LLC P.O. Box 56 77 Cervantes Rd. Firestone, CO 80520 Redwood City, CA 94062 1313-26-0-00-070 1313-34-0-00-003 Leo Martinez, Jr. Woolley Family Trust P.Q. Box 56 Mary Alice Billings, Trustee Firestone, CO 80520 2246 Riverside Drive Lyons, CO 80540 1313-26-0-00-073 Harold E. Taggart 1313-34-0-00-031 Margaret L. & JB Telleen, Tr. Eva J. Foos JB Telleen 3922 WCR. 16 1010 Gapter Rd. Erie, CO 80516 Boulder, CO 80303 page 1 of 2 1467-03-0-00-040 1467-02-0-01-002 Mark S. & Brenda L. Elmore Dacono Gateway Ltd. Steven J. Spelts er'o Penner A. Gillespie, Jr. 3546 Pinecliffe 6373 S. Grape St. Loveland, CO 80538 Littleton, C:O 80121 1467-02-0-00-005 1467-02-0-01-003 Roy H. Carlson & Beverly & Co. Dacono Gateway Ltd. 11176 Pearl Street Go Parmer A. Gillespie, Jr. Northglenn, CO 80233 6373 S. Grape St. Littleton, CO 80121 1467-02-0-00-007 Cheryl Marie Leppla 1467-01-0-00-008 1333 44'" Ave. SW United Power Inc. Seattle, WA 98116-1616 18551 E. 160th Ave. Brighton, CO 80601 1467-02-0-01.001 Emmett B. & Catherine M. Formby 1467-014-00-030 8413 Greenwood Dr. Trinity Trust LLC Longmont, CO 80503 2971 Spinnaker Pl. Longmont, CO 80503 ,,,,,,. ,,,,, William G. Crews "y a Certified Professional Landman #3477 ?rr : pTrgnped and sworn to before me by William G. Crews this 11'" day of u t 72O0. ot`^,I,I�c ybmtnt �Zri expires' � f Lo`E i Notary Public Page 2 of 2 AFFIDAVIT OF MINERAL OWNERS AND MINERAL LESSEES (Nelson Annexation) Subject Property: Township 2 North, Range 68 West. 6th P.M., Weld County, CO Section 35: All, EXCEPTING THEREFROM the following: Book 1552 at Pages 68 and 69; Book 678 at Reception No. 1599685; Book 1024 at Page 111; Book 872 at Page 211; and Book 1028 at Page 372 STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, deposes and states that to the best of his knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the tract indices and computer title chains of Transnation Title Insurance Company of Greeley, as posted through December 29, 1999 at 7:45 a.m. Mineral Owners Mineral Leasehold Owners: David P. Nelson and HS Resources, Inc. Kent P. Nelson, Trustees 1999 Broadway, Suite 3600 11341 W. 27th Place Denver, CO 80202 Lakewood, CO 80215 KP Kauffman Company, Inc. David P. Nelson Family Partnership 1675 Broadway, Suite 1970 11341 W. 27r Place Denver, CO 80202 Lakewood, CO 80215 Kent P. Nelson Family Partnership 11341 W. 27'" Place Lakewood, CO 80215 William G. Crews Certified Professional Landman #3477 u "'Subscybed and sworn to before me by William G. Crews this 11th day of January, �'•. / f myMend and official seal. � ��i'on expires: J f' l() N ary Public EXHIBIT E ANNEXATION IMPACT REPORT NELSON ANNEXATION Please see the attached map for the following information: 1.1. Present and proposed boundaries of the municipality in the vicinity of the proposed annexation. 1.2. The present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation. 2. No draft or final pre-annexation agreement has been prepared. 3. Several utility providers will be involved in providing the Nelson Annexation with utilities. The Town of Frederick will provide the water, electric service and police services. Saint Vrain Sanitation District will provide the property with sanitary sewer service. The property will be served by Frederick Area Fire Protection District. U.S. West will provide phone service, and KN Energy will provide gas service. The financing of municipal services, to the extent they are used, will be addressed in future subdivision improvement agreements. 4. The existing land use on the property is Agricultural, and the proposed land uses are residential, commercial, industrial, and open space uses under P.U.D. zoning. 5. The plans of Frederick for extending municipal services in the area are not available to Applicants at this time. 6. The property is within, or Applicants will petition to bring the property within, the following district boundaries: 6.1. Saint Vrain Sanitation District 6.2. Northern Colorado Water Conservancy District 6.3. Central Weld County Water District 6.4. Saint Vrain Valley School District 6.5. Frederick Area Fire Protection District 6.6. Tri-Area Ambulance District 6.7. Carbon Valley Parks and Recreation District 7. Applicants anticipate some residential development of the property. However, applicants cannot determine at this time the number of potential residential units, and therefore cannot address the potential impact on the Saint Vrain Valley School District. Applicants will work the District in the future to mitigate any impact the development may have on the District. \\SERVERI\DATA\(hams\N\Nelel\Annexatlon Do6\ANNEXATION INIPACT REPORT doc `.; ,,_ ---•': •' J i.�1 J„ \` `•l 1 ( 1 , , :,SW Rte ( _ _ I _�__ E% ftr- — �_ r •L _` r' a ;, '-I ,IJ-C , _ - J�J P1 rte • ' -- -; ,i ,,,T,._-: , t , --- �'i NELSON �, ,_ / r. ( = ;, I, t, Imo �',;j ANNEXATION y / r • f r L� f _ �; t. / ; ` 1 `, \ ( J p / ,,, \ IMPACT MAP , , N , \-,...—_— _, n‘_.., i r m r I 'r',` i I I 1„,s,,,z.s....1,,,,,,, A r 4 ` \ ( ) 1 11 "') , \�--! _`` "1i" i-' ---'—I: \`� ` ,), 'i `�i'`.,`i r `_, L' r ' it '`'�i ' "r�'� 1, r'�I _;: �`, ` _ i a/__-r 9, ..i , "_. - ,....r. , �. \ ---i �. 1.- 1` ` ,_ r /' ( 7--- '`; _r i E-4r i it ..--�•a -1; Q 1 _ a `,,,,�,\ 11 \ ,: I , - , - TRIr 5{�rt�TwN^. +�l LEGEND w' „ 1 r i . ) , ,, I i 4 �w sI A2W rutAra, _ ` 1-1; r , :H i I 1 ,/ 1 ,ti . '- 1 1 r I -� ,i PLANNING AKA BOUNDIRT �/- -ysi(�Q�g `, r / TOWN UMTS AS OF FEBRIWEY 22,1998) J� 1 r + ,1,7,..--1\\ , \`i i -J'` - I'i ' ( _..\'4 i t' `` '_ `I ,(^� l� DOSING CONTOURS I' Ir J.._ !- " - - .�✓v -., ' ,, ,'' , , i I�I i.�"l- i(`�- Ii +I `' i - / @ 1 �, C r . �I f / `-` ,� _...— DOSING WAIERNAYS.WD CATCHES /+ fir +" _13 l-,,` ��', 1. 1 2 , / ``,• �' i (I ) I,, r^,, _I. w� t \\ L„:2-.-..,.,..:- ` ` 1 I, r'.�, i1 SE.MCE UNGYRATIN DOSING i/ --.7r., • , I .!- %/PIM / )P _._-� : 0- •`�, 1\ �)�i`� ~) .` i C,, ,_- I _ s7.4BNN SANfA7gN PROPOSED IF +r ' i / , / I' + I 1 ` / 1� ! ( I SERACE UNE ' `^� A i-- ° - ' J i -y+,,l .' I ,Ii ��` i ), Y` I ��e T1-? A SNCA11ON SERVICE UNE l'i' ' , II ',,,,,---,--,e--i / , + r i \ - ' 1 `i 0 4,\ %"-� i , - i 1 I Limp COUAY corm ) .'> , ' fl' i , 11 , ; , , j-, __„,- / 1 s' -- • )� -I''''' YNTFR I!E '! '-'--,:-.4../.. .;„•+ I h _1 _._�`'` ',._ ��i- '..',,,'\\ ''. 1 r `_ �•��fl/f�ts,.r 1 i- :,a � ' y. si j �r �� CENTRAL MEW COUNTY PROPOSED jor ��--`: -- _ ' \I'I- .1' I !Err '1 'r/' r. I 11.1 �' I-8 t'__ k !��'Im� �! - j -` �,J '`i �I�1 �i�l {I` WATER IRE -` 1 / ' ., + i i)-. / I 1 (, I _ 1 .fi t�LRIL 1`Q.._ ' u3THWD WEER lNE .- I - � ` "PINE T' wg I ` ❑E aim F1ECrtdC SUBSUTNN f _. ...__ ,-- ..,,/I i-r l_ I� i' i I __�___ r/`\Y.•! f11YfY:QI r `.__ ,...----/ I/ F ME sr.MINN SANITATIONwow '( �,_— —lr ` — � �� I r ` — �� `7(YIll11y� `I ) • . ,—.014, `, '-' !_�' �yT1uE + ° ___ _ --_ "`- ' `�`- , i+, , I - ` Q.,:rl ,I ,sI ( :.�PISL�it ( ` ' • `I -.' / + TRI-AREA GNOMON DRIRCE BOUNNRY :-÷j'2.--.. .- - ' ` '/1\\l { t' oam `._I ti` y *+ i i�, 'I .�`1. ` i i Y 5�.w '. , 1 1, ___ �I +i � COUNTY WATER MET - NELSON , , r , - `, i 1 fi(rffi IM MO WATER DISTRIDT BOMAR! r '`'„,i -' �' r` ANNEXATION k�t ( ( 1, 117 n ,` ( , _-^I __- _ F ro PROTECTON ,------- - _ / ( r/ \ 1 ) - 1 , 111!1 / '„ ` + J _I- _ _'r' fIIOINE/NI AEEI'RRE PROTECTION 1- I ,1,_I 1 ,r./ [ .. •,. \ 1L/,: 4 \.1 .:,n , ii, ;II:( 1'- I DISTRICT BOUNDARY J L - . - " - - - _I",Y,Y,t',1 FORE LUTON 1w PROTECTION ._�r�ti. .�� ` �`, ,-,'' .,\\ r ` '' I I + / + `'`, I r r r ,n 1 - ^`` .J. '' r .A+*A(il�i�iE-i`+' VN1EY RECREATION ow= O `' r/ +' , •__ '`(1` , '•'' ' \I' ' r - ' ' fi _ ` I ,,.,,J„.........____,4,._„. ] DISTRICT BOIND40'Th �''� tl I 4 _ ,t �7. i _`_, a I /, 1 \ \'�j i I i— I ' , �*�� ?- j` `,, ,, ' , - PROPOSED FREDERICK ^�� 1 ` l j I I .„.4......1 TOWN BOUNDARY l /',...I--- ':4' i/ - �) �`�-- I, L-----' 1, I I 1- I :!1*— 11117' 1:- ' / ,-.L.' „,„ Woi y r :::\...„(.. ' ' 1 i ( '-1 �_3 _�� .`.4 , , `'_i�. 1 r c ( i , ` —.\6 ``' `` r e.%- � � , r /1 '...Is, •1;ts, 1 2."-,L f.,:::--) — , / p. / /• ' _ ' \ `� `, } _ \, ' �€ ,._ / „- / i BASE MAP TOPOGRAPHY PER U.S.G.S. �_ 7 MINUTE QUADS " »•�:..�r. rr �^ ii �r �I" . NORTH � 1 2 v/r r( i lye —_,,`` •-- ' J 1 �i..'—. I I ` / l_I , , �IEfil. � , �/� j'r+ ^T J '' I .n , . 1 I I 1�1 � r ,`'I -.I��'`1`` I �r UN�,,r_ 44o /ry��1�+� � 1�/ `�i - i� / " ,, ` r \ � 1,, i` ?.. .y;;1. , i 11)':S}TH- : \+I __I , /Chi I I_II I -- ' _ ` , '! , .--- _ _ 1 1 c, i r ; Q -1 -I F- c- r- ( i 2000 1000 0 2000 `\,,''\,'l`` /� 1 (-- "-/' \ ,' ,"\ (! -�.��l�i�� ._i t i, \1 ) ! i11 �I //� 9 ./= -11`77/ 'IL■, �Y' ) / '-- l 1 / '�, 5,.`' I i l 4__,--y 1 • ,./ '` \711` '''''..- ---'N_ '! 1, ,, 11 ( i r-C L I _44 4 6\_ II '1 ) I - 1 r - :�l ``.` , ` I ;/-�' ' - 1 \ 1 % \ I I 1 1 .\ , , 4-z,,,,,,77::', -_.1 I�._.�-/i' -` i 'i �t 1L21,-2,---- - e ii, J ' Q (+ !i"(I' / `' � _`,;.,I; /( �r \ i , I, ') `, v,'-`` '(�' ,, i, 'I- r',�I 1 f( it \---- 'I\`'s;',, _ '--1(.. \\•,11111. ! _..i ' 1 r v I I I f • --O! 1 /' l I' , ` - I -/I - % , - "'—\ `Y `^i r -'l / �/- : i - , -- r I 1 I r,,...mt I l+-) i i / I , 1+ l// / , ' r , - _ - 'I I _,.---__,I, - ' j ( ', i / 1 - !,,•,,,,,_.,, I 4 1 1PAAP ` V ''' % ,(" 1---I . I.,, �I - <-' l - _:.) ,, i i i - _.'�I,,..�1 rl',: r1 .{f ,+ 8yi R@7#' `\ �._ ) , `._ ; : i, , - / 4 :�1 SOURCE: FREDERICK COMPREHENSIVE PLAN-1996 EXHIBIT F I � "Its\ 25 4 • ti ii • ) y • �.a. / � . VI. Q I I-- �- N r• ( .�I i VICIGiiT,, MAP NPS EXHIBIT G L 300 600 900 NELSON ANNEXA711vN 1-t) i'mr. TOWN Ur NET AREA 618.873 ACRES ANNEXATION FREDERICK, COLORADO y o; LAND IN SECTIONS THIRTY-FIVE.0 TWENTY-SID.TOWNSHIP TWO NORTH.RANGE Z m 1-3N !. TOTAL CU ONTITY-15.325.20 FEU SIXTY-EIGHT WEST OF THE WEIN MICH'.MERIDIAN.COUNTY OF WELD,STATE OF LSE TABLE TOTAL ER!NEER -20.730.82 FEEr comm. SECTION 26 FoLmo ssc wMK m�.w COLORADO. F ONWP SECT. TO LSAT 1/6D,TOTFA I•FRIMETER•_3..55.10 FEET WM FOAM 3-i/A. 'F ^N r.. 1ST'�N I I w ,TExTNDerrE )x. I wESTEB,ELT ANNEXATION A1z i Am vocal ^� X u >, Han S 0,(cf Ln LEGAL DESCINPLOONt 2 rr !! LS 5'pi SRF,d...w IRn qq __ _ A PARCEL or VND LOCATED IN THE SOUTHEAST OUARTEB OF SECT. uw i o ",•"""'�r•r"""�F,e„ e1,0, � � �«• >,�,cc7 WELD COUNTY ROAD NO 16 rem ——�.0j _— TM`Tm-SIX.AND A PORTION of SECTION TRIM-ME.'LI NN TWO NORTH. L.',WW1 isstfT�l;'�T k RANGE SLYLY-dGNT WEST OF THE SIXTH PRMCAAC NERCO.COUNTY OF FIELD. LO Of xeT itJ a /'P`. I STATE OF COLORADO.SAD PARCEL BEING MOUE PARTICULARLY DESCRIBED AS TOWN OF FREDERICK I B / Fd10w5: �.l — 11M115 ORDINANCE JIB I / / I 9ECINMIN0 AT A POINT 50.00 FEET EAST MO 30.00 FEET SOUS OF THE Lt.lerarie, MAO' / I N005AS ET COWER OF SECTION THRT'-ENE.10WN91 µTWO NDBIH.RANGE. 5 / / SOFTY-EIGHT WEST OF THE SRTN TTINCIPAL NEWNAN. AND CONSIDERING THE S / / NORTH E OF THE NORTHWEST QUARTER OF ENO SECTION IRT-FIVE AS 1.21 sersrxew Low. ___ / BEARING.9.55'53E All EAR.AND Km L HER BINGS RELATIVE THERETO: / / I THENCE ALONG THE FAST RIGHT-OF-WAY OF INTERSTATE HWwIMY 25.SWDt'N'E _ ,,/,, >em IA DISTANCE OF THE AS FEET:-HENCE SOg01.TER A DISTANCE OF 1650.29 FEET: THENCE,12i ?/7 yill NSW.OFOAO.OOEFEET;THENCE SO!'A DISTANCE OF 5121 20-.90 FEET;05TA'CE OFT5050 FEE' L17 NOTIO101 lac, �. I SECTION 35 /^/' THENCE S32'0TSDE A DISTANCE or 53.30 FEET THENCE Nuns35E AL20 SST 101e, TONY �) / /Q THEN OR OF 30.00 FEET;THENCE COLD .A ATE H.E OF 669 60 NEET TO/ E NORM R..00 E FIAT UNE OF COLORADO STAR HCE Of 52 THENCE ll ADNG S ID NdtM RIGHT-OF-WAY. N89,SSI'E A DISTANCE Or 3A91S FEET: L32 M70.10, essrP'1 /pp/ MENCEN61'0]'55E Ad5TANCE OF 30]90 FEET;THENCE N6450 I t E A�i 7k&:(14■ I /y/ x o DISTANCE OF 2JB665 FEET:THENCE N6B'5O5HE A 05TANCE OF 100696 FEET; ,` , ��/ O THENCE RA5'.0.12E A DISTANCE OF 05.0]FEET TO THE WEST RIGHT-OF-WAY ME NINDLICE I.... I l�g� j /1 . F 8 LIVE OF WED D6TAN ROAD N0.11:THENCE NCE SAID WEST A DISTANCE IST NCE AY. L.161-111. 10,280: rI 2X51 E A dS N CE O 282.23 FEET: H NCE NOOs>'32E A g5TA CEO J) H Y \ It /• ry Zeal.»FEET TO THE NORTH RIGHT-OE-WAY UNE OF WELD COUNTY ROAD NO. L.serwriaNt as cos - ; , Y \ 1 I //\T. 16:1MFNCE ALONG SAD NORM RIGHT-OF-WAY.SDIY5a'AAIv A DISANCE Of eE -"' t j {' I tYU.50 FEET:THENCE 52SI9'l0E A OTAN^_E OF]2F!FEET:!HENCE Lai Nar.1.1 54,70. E M15 2 L'�� ''�!'I.1\ �� / // 4 C SdT05'!6E A d5TNICE OF]0.01]FEET TO THE SOUTH RIGHT-Of-WAY LINE OF I OF pp 11R 111'•`. / / Y T MO WELD COUNTY RCM NO.16:THENCE ALONG MO SOUTH RIGHT-OF-WAY. I SaSS,a00 sersalelY 'max" U �1 1l' `'® -� �.5/ 2595.81 5FELE TO THE EAST RIGHT— :Y UNE OF INTERSTATE MIGHwAT CI5 THE W SAY `�-E' ��T �� ! i� PONT OF BEGINNING. B .jL•7 Marl iy / THUS DESCRIBED PARCEL OF LAND CONTAINS 618.8]3 ACRES MORE 0 LESS. HICSIV SAW YL.NTr]m,bY LTk\� f (t( CERTIFICATE OF OWNERSHIP, �� 'A1 A l). oltommeL 3.24 I I L. sm1 ISIC �\I 11 VICINITY MAP I �I�i1R , nmONrw oMERS PARTNERS,CA MO 0051 9.NELSON omit"IMMO PARTNERSHIP.ALM ARE ON THE ACCOUNT/M.MAP. 00 I"� L.x2n1 '1‘..\6.1 ti NTS I , \ 11E Las saririel. MOOb\LW 1 IBrd3• NrENTNELSONLIU I I I. LI / AGDNDWLFOGMENT: E7 v4 2ov fry-=__ __ __ __ __ __ __ __ 6�us__ RBI__ MO P.NI RO,OK_ .2�. P.NELSON AND rJ., NmxwENT W gACKMDnEDDm 1cF0RE M LOG LOY AV us al �.;/ T If f2 STATE a COM9AmEAR i na 1 7ow m1m' I Ygyp^t(t Ek 1T/. 1 COUNT OFF IMO )VII m �L�vex w2 R AU " Y/A' I u .?\00, I CAR RN; I MY mM1R89gH EXPIRES R )7 Lrf nzw Tssw' '3 .7.'.. U L. '°Ln 2 I // $£Y,AMMUS IIT MHO NO SE. I'TA, 1 Arc PUBLIC NPWMSn $x '�.I! 3 if-IsUCIVlaw Y.I !'' STORVEMRY CERTIFTGIC HID< Ln Leo N Tao rz m \ I y Y M•=1 I_$ m IIT- A HASP-ALL A OAT PROFESSION.SORAYOR�Ix E STATE of ')>'[ 'AA, Y I� ARED LAC.ME I OMECT Rbw6�IT SUPERS MORT i F EGIONG AND MAE R 5 A TRUE CaA¢T Of tot ItllH2'21= RN. OMO 6 01140U,ODNEAMED IRMA TM PARCEL IRE NG III <ti1 \ 11E PEINn!FOR ANNEFA,T01N.I ALSO TN CERdY TH*\ REPRESENTATION Of THE..TO W INHERED TO THE TOM Of FREDERIC.COUMLOO. AT nI�ETE 5 ME REQUIRED WHOIWIIT 1011Ct =11l SN I \\y\ MG65ARr FOR NNCLAnori TORN OF FRED...COLOR.). xaxieE ^i I\d s-ST1td Lao 918,09112 2.is• I 4.:'',1'1.& R,\$)�' "'I H ATTEST TE ABOVE ON 1119 THE_DAY CAT VD 0070212. 2DMET I I �1'A°'pHB. x n ;ate TAG 0,272111. 111•1 0.2.71r u,1Awn'vE ssn L.INASIISTE ',Sr i I t\ •P�° San 12t gam. \ •( BY: A.{ WI N \ TYd'1--- *,. y� Y,G : 3 w•O1AEL 1)L5VLL LS 236W 4RI 11 `\ �/ )TVA,'NT ��'�2R�+y.`aYi'� '�;\vFj4.;h.A L.IS OF 1TwuNm(ASSUMED} M 1\ * N �r- 912,�Ry:S/9i'D 44. •E6. �' �` THE SOUTH LINE OFF THE 9%IRMST DARTER OF SECTION THIRTY-ERE TORMHIP-'AO • a / ,�, /`•' 4�Y\'{,'K LA \ I NO N.!TAME SOTY-Elver WLsr OF THE 9mN POMMAL MERIDIAN,A9 M AIUMENEn AND l i. \ ,SN' ' O A \ 1 vNORN HEREON IS ASSUMED TO BEM HlYSO'58t 01 "4.'4,6.. s .ttom�% 51 r%6r'.' Vii\ a gl 1•� (.111 I\\\ 3 \"9f \r"" /'9„,1,AD +`4$.Y\ \ u2 L r. TOWN OF FREDERICK CERTIFICATE OF APPROVAL, ' I u I \ � $ 1\\A o-�'r,ow y,3 E/. \ JI D.NAP rs_TO a KNOWN AS-mum A0 00121 0 TO 95 TDWW or n I 5 \ \`� .x5P \;ma \\\�1 m.i/, \\ I Y I PASSED THE u'066015 OF RDA OF.,COLON.). o6°d:Rwo00 0.oTEsTOWN OF 1 • I \ \\\:'\A > , 2.N9p1 - \\ \\ la A C1ERK A. RECEPTION w THE •• �` ON lrLT.,�,y u ASR \�e-Svaa,t \ Y(db, Sjl iS.e CM. OF FREDE Ax.COLORADO r ON ALE E[REDNOwR05 OF TM _ �' \�. I ID., I RECGHIO[IH2a BBC EENT,NmHO ____ .L\C }=s]n ~ A.M.]�\ g Y \y�. OF N FAWNED °N�naROM CONTRARY °MkI !M16 'rum, Ea s x R !r::;,9•,,,,: ry �\ ANNISAE a9-\ p, [\ \ .tl_ G b�'i. B-332,61, J I_p NOTICE: a n s_I I �i ''.,e-� 1{ $ \PAN \ i:a1" 7,'". 0 fi 5 MAP IS Aw�Ar PURPOSES oN NI,S. \ \(J =J'-:'.y,,,n$" \' s\ I 'S''''‘),''' �` SWAT. SUMM ..,AND IS NOT AWNED TO a.LAM , $,x.l,(n�--=1�u= 1'>` _ sT ( n69'50'IIE 2396.6A(C) \ I,s uRANCI 6S\se fR 9 \ S ,,.,Y,,., Ab,,.>rrMsT„ {.`Fv, •`'C Nona: �wY \' 0. ».yw' �01 26151. .r„.,...7-1 - "�r TNEF3 vF 3R,7� ., w ACCORDING DEFECT IN TO MY W MdW R£ M5 COMMENCE [R Abry wS LEGAL OFA SUCHDEFECT.il \i:,1_21.,::,...0.10'.. \ 3w2NE1_& STATE HIGHWAY N0 52 ` Dert ANY DEFECT IN 095 MO COMMENT.PATE i16¢ J $ 1 TrN _ - OF- NON TES YEARS FROM PA DAM DOF coRroc oN MOAN HEREM. (,,,, — a.w. G u INN 1m AP __O ,,...„.:;.:52o.14 !ITN P IA w MIS PS.°':.`3L''r { oA1XNMu,I: LI O w _ I LS IMO MT Town of Frederick, Colorado Notice of Public Hearing Notice is hereby given that the Board of Trustees of the Town of Frederick, Colorado will hold a Public Hearing commencing at 7:30 p.m. on Thursday, March 23, 2000 at the Frederick Administration Building, 401 Locust Street, Frederick, Colorado 80530. The purpose of the Public Hearing is to determine whether certain property for which a petition for annexation has been submitted to the Town, to be known as the Nelson Annexation to the Town of Frederick, meet the applicable requirements of the statutes of the State of Colorado and is eligible for annexation to the Town and to consider the requested zoning of P.U.D. for the property. Any person may appear at the Public Hearing and be heard regarding the matters under consideration. The approximate location of the property is the northwest corner of State Highway 52 and I-25. The legal description of the property which is the subject of the annexation and zoning request is set forth in Exhibit A below. Copies of the petition, application a related documents are available for inspection in the office of the Town Clerk 401 Locust Street, Frederick, Colorado 80530, during regular business hours. Set forth below is the resolution finding that the annexation petition is in substantial compliance with the applicable laws of the State of Colorado. Dated this 23rd day of February 2000. Town of Frederick, Colorado Sandra M. Newberry Town Clerk RESOLUTION NO. 00-R-J14 A RESOLUTION OF INTENT TO ANNEX CERTAIN PROPERTIES IN WELD;COUNTY, COLORADO TO THE TOWN OF FREDERICK,SAID ANNEXATION TO BE ICNOWN AS THE NELSON ANNEXATION TO THE TOWN OF FREDERICK. WHEREAS, petitions for annexation of certain properties have been filed with the Board of Trustees of the Town of Frederick by the Kent P.Nelson Family Partnership, LLP and David P. Nelson Family Partnership, LLP; and WHEREAS,the Board of Trustees has reviewed the petitions; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of subject property for annexation and zoning,if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petitions and desires to adopt by Resolution its findings in regard to the petitions; NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF Frederick, COLORADO, as follows: 1. The petition,whose legal description are attached hereto as Exhibits A and incorporated by reference herein, is in substantial compliance with the applicable laws pf the State of Colorado. 2. No election is required under C.R-S. §31-12-107(2). 3. No additional terms and conditions are to be imposed except those provided for in the petitions. 4. The Board of Trustees will hold a public hearing for the purpose of determining if the propose annexation complies with C.R.S. §31-12-104, and with C R.S. §31-12-105, and will hold a public hearing to determine the appropriate zoning of the subject properties if requested in the petition, at the Frederick Town Hall, 401 Locust,Frederick, Colorado 80516, at the following time and date: 7:30 PM, Thursday, March 23, 2000 5. Any person may appear at such hearing and present evidence relative to the proposed annexation or the proposed zoning. 6. Upon completion of the hearing, the Board of Trustees shall set forth by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation; and whether Page 1 of 3 Resolution of Intent-NN6Jn Annexation-00-14.16 wyd 2O2/O0(11'.18 AM) 02/22/2000 11:50 1-303-776-5444 THE SAMSON LAW FIRM: PAGE 03 • • the statutory requirements for the proposed annexation have bee met, and further, will determine the appropriate zoning of the subject property if requested in the petition. 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees shall pass one or more ordinances annexing the subject property to tqe Town of Frederick, and :shall pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, SIGNED AND APPROVED this 23rd _day of February , 2000. TOWN OF FREDERICFi By aI rt ._agd Edward J. To nte, yor Al JEST: Sandra M- Newberry, Town Clerk Page 2 of 3 Resolution of Intent.Nelson Annexation.00-R-l4, d 222100(11'19 AM) EXHIBIT A NELSON ANNEXATION LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION TWENTY-SI AND A PORTION OF SECTION THIRTY-FIVE,TOWNSHIP TWO NORTH,RANGE SIXTY-EIGHT W$ST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO, SAID FARCE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING Al'A POINT 50.00 FEET EAST AND 30.00 FEET SOUTH OF THE NORTHWESTI CORNER OF SECTION THIRTY-FIVE,TOWNSHIP TWO NORTH,RANGE SIXTY-EIGHT WEST OF THE SIXTH PRINCIPAL MERIDIAN,AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION THIRTY-FIVE AS BEARING N89°54'53"E,AND WITH ALL OTHER BEARIN S RELATIVE THERETO: t THENCE ALONG THE EAST RIGHT-OF-WAY OF INTERSTATE HIGHWAY 25,SOO°O1'34"E DISTANCE OF 2632.83 FEET;THENCE S00°01'50"E A DISTANCE OF 1647.29 FEET;THENCE S17°O5'35" A DISTANCE OF 252.90 FEET; THENCE S72°54'25"W A DISTANCE OF 40.00 FEET;THENCE 11*11120"E 11'20"E A DISTANCE OF 50.50 FEET;THENCE S32°07'50"E A DISTANCE OF 53.30 FEET;THENCE N7 °54'25"E A DISTANCE OF 40.00 FEET;THENCE S 1 7°05'35"E A DISTANCE OF 669.60 FEET TO THE NORTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 52;THENCE ALONG SAID NORTH RIGHT-OF-WAY,N89°53'51"E A DISTANCE OF 349.15 FEET;THENCE N81°03'44"E A DISTANCE OF 303.90 FEET;THENCE N89°5011 1"E 1 A DISTANCE OF 2396.64 FEET;THENCE N89°40'49"E Lk DISTANCE OF 1708.98 FEET;THENCE N44°40'12"E A DISTANCE OF 13173 FEET TO THE EST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 11;THENCE ALONG SAID WEST RIGHT-OF-WAY,N00°27'41"E A DISTANCE OF 2482.23 FEET;THENCE N00°47'32"E A DISTANCE OF 2682.73 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 16;THENCE ALONG SAID NORTH RIGHT-OF-WAY,S89°54'44"W A DISTANCE OF 1887.57 FEET;THENCE S22°19'I0"E A DISTANCE OF 32.41 FEET;THENCE S00°05'16"E A DISTANCE OF 30.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD NO. 16;THENCE ALONG S41D SOUTH RIGHT-OF-WAY:S89°54'44"W A DISTANCE OF 739.04 FEET;THENCE 589°54'53"W A DISTANCE OF 2595.81 FEET TO THE EAST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 25 THE POINT OF BEGINNING. THUS DESCRIBED PARCEL OF LAND CONTAINS 618.873 ACRES MORE OR LESS. R es°ulim ot Infant•Nelson Annexation•00 F1-14 woe 2/22M0(Ii]9 AM) Page 3 of 3 Hello