The URL can be used to link to this page

Browse Search

Home My WebLink About20001709.tiff VIA CERTIFIED MAIL to the following parties: Weld County Board of County Commissioners Weld County Attorney P.O. Box 758 P.O. Box 1948 Greeley, CO 80632 Greeley, CO 80632 Weld County Library District Central Colorado Water Conservancy District 2227 23`d Avenue 3209 West 28th Street' Greeley, CO 80631 Greeley, CO 80634 School District RE 3-J Aims Junior College 95'West Broadway Avenue 5401 West 20t Street Keenesburg, CO 80643 Greeley, CO 80634 Hudson Fire Protection District Brighton Fire District P. O. Box 7 425 S. Main Street Hudson, CO 80642 Brighton, CO. 80601 RE: Proposed Silver Peaks Annexation to Town of Lochbuie Approximately 597.43 acres in Section 35, TIN, R66W, 6`h P.M., Weld County Notice of Public Hearing Dear Sir/Madam: The Town of Lochbuie has received three annexation petitions for the annexation of the referenced property to the Town. On July 26, 2000, the Board of Trustee found the petitions to he in substantial compliance with C.R.S. §31-12-107(1), and set a hearing pursuant to C.R.S. §31- 12-108 to determine whether the area proposed to be annexed meets the applicable requirements of C.R.S. 31-12-104 and 31-12-105, and is eligible for annexation. The hearing has been scheduled for August 1, 2000, at 7:00 p.m. at the Lochbuie Town Hall, 0152 Poplar Street, Lochbuie, Colorado, 80601. In accordance with C.R.S. §31-12-108(2), enclosed please find the following: 1. A copy of the published notices of the hearing (one for each of the three petitions); 2. A copy of the three Resolutions finding substantial compliance; and 3. A copy of the three annexation petitions. Thank you for your assistance and please contact the undersigned if you require further information. Very truly yours, Jane Palacio, Town Clerk f tt , , I , 2000.1709 Sat., July 1,2000 Brighton Standar(-Blade TOWN OF LOCHBLIIE B. The decision of the Board WHEREAS,the Bard of Trustees ha AS FOLLOWS: of Trustees toannextheaiyert properly renewed the Petition and desires to NOTICE OF PUBLIC HEARING ON shall be subject to the preparation, adopt by Resolution its findings with CONSIDERING 11E SOUTH(PIE OF THE PROPOSED ANNEXATION execution and delivery to the Town of regard to the Petition. SOUTHEAST WARIEROF SECTION 35 AS Suter Peaks Annexation el an annexation agreement containing BEARING N89"59'56'W (ASSUMED) AS 0,42 Acne located n 1119 Southeast such terms and conditions as ore NOW,THEREFORE,be it resolved by MONILIENED ON DE EAST END IV A 1/4 of Section 35,71161661V,1661V,County required by the Town in its sole antl the Board of Trustees of the Town of NO.6 REAR NA RANGE BOXWalA2- pf Weld absolute discretion. Lochbule.Colorado as follows: lir ALUMINUM CAP STAMPED "PIS 21666"ANDONTHE WESTENDIYANO6 NOTICE LSHEREBY GIVEN of a public I. The legal description of the REAR El A RANGE SOX WITH A 2-1/T hearing on Tuesday.August 1.200 at READ. MOVED. SECONDED AND property sought to be annexed to the ALUMINUM CAP STAMPED "PIS NO. 700 in the lotlsbule Town HoN,0152 APPROVED this 26th cloy of June.200. Town of Lochbule X attached hereto as 21666",WRHALLIEARNGSCONTAIIED Poplar Street Lochbule.Colorado, to Exhibit A and incorporated herein by HEREIN RELATIVE MATTO; determine whether the proposed TOWN OF LOCHBUE reference. annexation of land described In the David Forbes COMMENCING AT TIE SOUTH QUARTER fdbwVsg resolution complies with the Mayor Pro Tern 2 The Petition For Arne)(ollon the COONER OF SAID SECTION 36;THENCE apptablerequkernentsofSectbn3l- subject of which is the property roA PP INS A1DtTANCONN NUN wawa- whether and31-12-105. C:.R.S., and Jane Palacio described n Exhibit A h in substantial Da whether the land is eligible for Town Clerk compliance with COS.§31-12-I07(I). WAYLUNE OFSAIDWEID COUNTY ROAD an mayexatlon. Any persons may appear NO.2 IENG IIIIII2INESILMEEtila at such hearing and present evidence EXHIBIT A 3. The Board of Trustees Ml hold a =la ALONG SAD RGNT-OF-Wm span any matter to be determined by ANNEXATION') public hearing for the purpose of IBENINEIMPEADETATICEOFEISE the Town Board detennlningi theproposedannexation FEETIOA POINT 30 e0 FEET FAST road LEGAL DESCRIPTION FOR PARCEL A complies with C.R.S.§31-12-104.and INEMILDEMMECDOLWEINGE TOWN OF LOCHSUIE (MICHAELTORREY OWNERSHIP)) C.R.S.§ 31-12-105 and is considered ALONG A 11W Sam FEET EAST OF AND NESOumON NO.1-21110 eligible for annexation. The public PARALLEL TO RTE WEST LIE OF SAID Dated Jute 26,2010 A PARCEL OF LAND LOCATED N THE hearing will be conducted at the W'IVlN astlarflitISEADMITARCEOF SOUTHEAST ONE-QUARTER OF SECTION Lochbuie Town HaP,0152 Poplar Street. 241795 FEET TO A POINT ON 1W EAST- Armexulm ethical Intended le 35,TOWNSHIP I NORTH.RANGE 46WEST Lochbule, Colorado 80601, at the WEST CENFESIEIE OF SAFD SECTION Comprise Padol nyer Peaks POD OF THE SIXTH PRINCIPAL MERIDIAN, following time and dale: 36•TFRNf7Fl*9°AT479iALOfNGl1ESAD COUNTY OF WEIR,STALE OF COLORADO allablitaltannritaCLCIE WHEREAS a Petition for Annexation BEING MORE PARRCNARLY DESCRGED August 1,200.at 7:00 p.m. of cereal properly(herein-Petition-) A3 FOLLOWS: TIE OF A PARCEL K IAN RCOIND hos been flied%With°Board of Trustees 4. My person may appear at such of the Town of Lochbule;and CONSIDERING THE SOUTH LINE OF SAID hearing and present evidence relative RECORDS T MINCE ALONG TIE EMI r SOUTHEAST EAST ONE-QUARTER TO SE to the proposed orviexalon. LEIS OF SAD PARCEL OF RECORD IN WHEREAS the Board of I'naleer hiss NSSU1AED)WIMALLOTER IDDLIIMMalliaMallefiantall reviewed the PetHon:out BEARINGS CONTAINED HEREIN RElATIVE 5, upon carpletbn of the hearing, FEET FROM AND PARALLEL TO TIE EA3I DIERESIS; the Board of Tnatse.stall set forth by Lit OF SAID SFCTlON36300°I6'2WA WHEREAS the Board Of Trustees resolution is findings aid conclusions NATANCF OF 21A 00 DEEP T1sFN(•P wishes to permit the conlderalton of COMMENCING AT THE SOUTHEAST with reference to the elpbaty of the ALONGIXESOUIN LIEOFSAID PARCEL the s lectaapedyfaonm:aolonand CORNER OF SECTION 36; property described n Exhlblt A for K 6C1yn IN 1008 ISIS PAGE 623 annexaman. A WHEREAS the Board of trustees has THENCE NOO°16.20"E ALONG HE EAST requirements and�� stamen,stamen,foPONT oN DIE FAG L m OF o F S D reviewed the Perlin arxe desres to IIIIOF SAID SOUTIEASTONE-QUARER, annexation hove been met. taw In Flit A 16 FROM WHENCE THE EA.M adopt by Raclulbn Its Endings with A DISTANCE OF SOD FED TO A POINT GRARDIESSIIRMARIGRIManA regard to the Petition. ON TIE NORTHERLY RIGHT-OF-WAY OF 6.Mete Bard of Trustees concludes. DISTANCE 01 21l.W 1EET' THENCE WM000INMRO,AD82(AIMEMOWN by Resolution, that all statutory ALCINIMIUSUMEMMILIECIKE NOW.THEREFORE,be it iNONed by AS SAIMIE ROAD),SAD PONT BEING requirements hove been met and that 35!m96"0yW ADaTANCEOF 119707 the Board of Trustees of the Town of la PONT OF'leGNNINN' VIN'S the proposed annexation is proper FEET AT TIE NORMAN CORNER OF A Lochbule.Colorado as follows: ginnamatiajejuay under the laws a the State rawasuraarautuscumati 5-0E-WAV A AM INIFITf 4 the Board of Trustees may pm one or NUMBER 242T1511. WELD COUNTY 1. The legal description of the MINOT* E.A DWNff more ordinances annexing the subject RECERDILDIECLAIDURIELSOBEI property sought to be annexed to the !3f 111946 FIEF mrara'LA properly to the Town of Lochbule. lee OF RAM PARCH.NN76e6w A Town of Lochbule n onachathereto oe 'FK 1766. raz FAAg DISTANCE OF 176696 PFD AT THE Exhibit A and y r..upj Aed herein by SAO QEiIWe 7. The dechion of the goad of apart COMER OF SAD RUM. reference. MaS0096'N'W ALONGSIDE)§SQ Trustees to aeex the subject property HENCE AreNFQ NNE WEST LIE GP SAD • )r ADWANCEM 1197.52MFTTOO[ WI be entirely within the discretion of PARCEL 0019Dn'W A oL9rAITC OF 2. The Petition Fa Anrwixation the PONT OF NOISEIG SAD PAIL the Board of Trustees. The adoption of 3199.66FEETTO A MALT CHEW Neap subject of which is the property JVWTAmsa adman penes Mint this Resolution does not commit RI 1T-OF-WAY LINE K SAD WELD described in Exhibit A Is in stewed Lochbule to annex the property COUNTY EOAD NUPNER t THENCE carrplance with C.R.S.S 31-12-107(1). Published in the Brighton Standard- descnbednExttlt&butrothetf laces ALONG SAID RIGHT-NE-WAY IMF Blade AG 1,a,15.222700. theprocedxethotwIlprovldelhe bale IMMENADISIANCLQUILLOSEEEI 3. the Board of Trustees wtl hold a for evaluation of the proposed TO 110 PONT K IEGNNNG• SAIh public hearing for the purpose of TOWN OF LOCIGUE annexation. ►APCFL CONTAINING 266.112 AgtEL detemnnkgif theprapasedanexollon MEREMLIZEIL couples with C.RS.§31-12-104 and NOTICE OF PUNIC IEARSN:ON B. The decision of the Board C.R.S.§ 31-12-105 and is considered PROPOSED ANNEXATION oTnateestomnextesublectproperty By:Jane Palacb,Town Clerk eligible to annexation. The public Ever Peaks AMMcaBon 12 shall be subject to the prepapllort hearing will be conducted at the 26612 AWN IACald El the SAM_at execution and delivery to the Town of Published in the Brighton Standard Lochbule Town HE.0152 Poplar Sheet, Section 36,TIN,166W,Courtly Of an annexation agreement containing Dade July T.B,IS 22.MOD Lochbule. Colorado 80601, of the Weld such terms and conditions as ore fallowngtxne and date, regaled by the Town nth sole and TOWN OF LOCNWE NOTICE IS HEREBY GIVEN of a public absolute discretion. August 1.2000.at 7:03.p.m. heakq an Tuesday,August 1.200 at NOTICE OF PUNIC FEARING ON 7OD in the LochGAe Town HE 0152 PROPOSED ANNEXATION 4. Any person may appear at such Poplar Street.LnctbUle,Colorado to READ. MOVED, SECONDED AND law r Peaks Amexabn 13 hearing and present evidence relative determine whether the proposed APPROVEDtw 26th day of June.a703 22.79 Acres located In Ere No1E1-a to the proposed annexation. annexation of land described In the Sewn 36, TIN,166YJ,Carly or following resolution conches with the TOWN OF LOCHBUE Weld 5. Upon conpleton of the hearing, appEcnblerequkemenhof Sections 31- David Forbes NOIKEISNGEEY GIVEN a a public the Board of Trustees shall'set forth by 12-104 and31-12-105. C.R.S.. and Mara Pro Tan he NOT on Tuesday.August 1,2000a resolution its findings axe conclusions whether the land is eligible for with reference to the eligibility ty of the ahnexoticn. Any persons may appear Jane Pdacb 700 n the Lochbule Town Hot 0162 property described In Exhibit A for at such hearing aid present evidence Town Clerk Ryles Skew,Ietheule,Colorado,to annexation.a and whams The statutory upon any molter to be deteminetl by determine whether the propgsea requirements for the proposed the Town Board EXNGRA annexe at land demoted In MMe annexation hove been most. ANNEXATION S'S lobwktg ere quire enNa tie wilt i.e TOWN OFLOCWUIE ypBcmN.gEenw ol5.dlwr3/- IEGAL DESCRIPTION FOR PARCEL E 12.104 and31.12-106, C.R.S., and b6.PtheBoardolhatt alles concludes. RESOLUTION Dote 526,2000 JIVER PEAKS HOLDINGS.LLC) whether the land Is eligible for requirements Resolution. toot met statutory Doted: Jan 26,200 oayxylon Any pecan may appear hove been met and tat the Proposed annexation u proper Arrexalan W©I Sly Intended lo APMCELOFIANDLOCATEDGEI6WEN nth hang and Paned NMNNy underthe lava a the Stale pass oe a Cbnpdse lad diver PeatsNID OF THE TOWNSHIP NORTH.IANGE16VEST lean dry oard bwddd.mred by the Board of Trustees may one a OF THE EOM PRINCIPAL MESDNLN, Me Town Boas more ordinances on exn;l the subject COUMYOFWEID,AAIEOFCOIORADO. properly to the Town of Lcchbuie. WHEREAS a petition for Annexation BEING MORE PANICUTAMY DESCRIBED TOWN OF LOCHBUE of Certain properly(herein'NORM-) RESOLUTION NO.9-2000 7. The decision of the Board of has been filed wihtheBoardafTrustees David Jun*26,2000 Trustees to annex the subject property of the Town of Lochbule:and Annexation a Parcel kRaW W to we be entirely within the dscretion at Comprise hid a1 Siva Peokx ND the Board of Trustees. The adoption of WHEREAS the Boars of Tnatees has this Resolution does not commit reviewed the Petition:and Lochbuie to annex the property WHEREAS a Petition for Annexation describedinEdtbit&butraher.Initiates WHEREAS the Board of Trustees of certain properly(here(herein-PeWIOn the procedure that wlllproi'ide the basis wishes to permit the consideration of for evaluation of the proposed tern+Wrtproperiy loaa a t theenexolion:and hoe Town LnofLodbtle:and nteBoadof Trusteesannexation. h Sat.,July 1,2000 Brighton Standard-Blade WHEREAS Me Board of Tnatees hos CONSUMINM.11s SOUTH 114E OF WE reviews('the Petition;and SONIEAST QUARTER OF SECTION a AS OMENS NN$9'661Y(ASST TEED) WHEREAS the Board al Trustees ASMOIWMADEDONTIEFASTENDSY wishes to permit the consideration of A NO.6 ROAR N A RANGE SON W M the st4ect property tcrarmexollcr;arid At-1?ADElNE1CAPSUTAFEDIRS 21666'AND ON 114E YRN BD SV A W FEREAS the Bond of Trustees ha NO;ENAR WARPAGE BOX WRN A reviewed Me Petition and desires to 2-IA"AJJAWOP CAP AAMPED"RU adopt by ResdWbn Its timings with NO. 26666', WITH AU BEARINGS regard to the PeWbn. CCNTANEDIEeENtELATNETIEETOQ NOW.TFEREFORE,be it resolved by COMMENCING AT THE WEST ONE- Me Board of Tnatees of the Town of QUARTER COSIER OF SAD SECTION Lo,dhbUe.Colorado os follow 35:THENCE E6F°6Tn'E ALONG EAEr- NEST CENIERINE OF SAD SECTION 36 A DISTANCE Of304*FEET,SAMP NT 1. The legal description of e BEING]EE POSIT O EQNNINr • Me properly sought to be annexed to the BENOE ASO11g A(ere fMTFET EAR CIF AND PAa41 r al W IIH SAD W ED{EE Town of.asbhla Is rMashedhereto a OF NORTHWEST ONE-QUARTER OF Exhibit A and Incaparaled herein by reference. 0 2431;0 FEET TO A POET ON THE 2.Me Petition For Annexation the 3011)NERLY PINE OF ME WPM 1/BOOK 1:43 PAGE SW subject of which is the property SEWsEsFa��r ows described in Edhbd A B In substantial ALONG COWRY SOURECTH INN Of SAID conplance with C.R.S.§31-12-107(n. THE SOIRN 111E OF SAID ern 1 -a'-' - B 100 TEL. 3.The Board of Trustees will hold o SAGE 623 AND SWIG site rD NM public hearing for Me purpose of dotemtwnga the proposedUrnexation TEE 0 SAD autism's SS non A compiles with C.R.S.§31-12-104,old EIERREEMEEEEIWIEWEENCE and 31-12-105 is considered Mt MOM Mine COWS eligible for annexation. The public E1al hearing will be conducted at Me sRA4p A1n11 :GM'Y')ml Lochbule Town Hats,0152 Poplar Street. ERILEEDERIERAEMEGERRESE Lochbule. Colorado 80601. at the EIELEIGURIEESEER fdiowing lime and date: F03 BOLLIX OF AND MUANIN Tn no NOnTH WE OF SAID SECTION M August I.2CO3,at 700 p.m. E17°OW14 A 0SIANCA 024091 FEE 7n A MNT ON 114E WEST ISNF 0 1W 4.Any person*ay appear at such MICILlErallallICKILIIIMAGE hearing and present evidence relalNe 675•TNBICS ALONG TIE WET IRE 0 to the proposed annexation. 1L Loan completion of the hearing. EMS 210NIFRTWEAOMantua the Board of Trustees Snots set forth by 10 114E FAA IRE OF SAD SEOION 56: Tennwith r ion es a to th and candficne OII lIE EAA_W61 OBNE•IME 0 SAD with reference to its nExhibit eligibility A the rlr'ef*1Me•1IN aI10°6T41wfS(Ea property described in Exhibit A fa Malt [bREN111F 0 MD annexation and wh th e e statutory requirements for the proposed annexation have been met. EifillEMMEMEMONLIAMMICEL CCERAIUMItACIUS0IESIMIL 6.r the Board of Trusteesconcudes Br.JNW F'dado.7orM Os* Resolution. that oil statutory requirements have been met and that Pd)INnBtlhMW S0.>rh0ar6Bade Me proposed annexation is proper anderthe'minor the State ofCobrado ,may,.a is n 27180. the Board of Trustees may pass one or more aafMCes OnneAng the Stbfect properly to the Town of Lochbule. 7. The decision of the Board of trustees to annex the subject property will be entirely within the discretion of the Board of trustees. The adoption of this Resolution sloes not commit Lochbule to annex the property descbedb Exhibit A butraher.Wllates the procedure Molt we provide the basis for evaluation of the proposed annexation. B. The d:icNon or the Board of Tnatees to annex Mesubject property shalt be sublecl to 111e prepaollat execution and delivery to the Town of On annexation agisement contdring. such terms and conditions as are required by the Town In its sale ore absolute discretion. READ. MOVED. SECONDED AND APPROVED this 261h day of June.2000. TOWN OF LOCHB46 David Forbes Moyer Pro Tern Jane Palacio Town Clerk EXHWRA ANNEXATION*3 LEGAL DESCRIPTION FOR PARCEL C (SILVER PEAKS HOLDINGS,I1C) A PARCEL LOCATED IN SECTION 35, TOWNSHIP 1 NORTH,RANGE 66 WEST O • TIE SIXTH PRNCIPALLENDIAN,COIMTY Of WELD,STATE OF COLORADO.MFG MORE PARTICULARLY DESCRIBED AS FOLLOWS: TOWN OF LOCTIBUIE RESOLUTION NO.- 7-2000 Dated: June 26,2000 Annexation of Parcel Intended to Comprise Part of Silver Peaks PUD WHEREAS, a Petition for Annexation of certain property (herein"Petition") has been filed with the Board of Trustees of the Town of Lochbuie; and WHEREAS, the Board of Trustees has reviewed the Petition; and WHEREAS, the Board of Trustees wishes to permit the consideration of the subject property for annexation; and WHEREAS, the Board of Trustees has reviewed the Petition and desires to adopt by Resolution its findings with regard to the Petition. NOW, THEREFORE, be it resolved by the Board of Trustees of the Town of Lochbuie, Colorado as follows: 1. The legal description of the property sought to be annexed to the Town of Lochbuie is attached hereto as Exhibit A and incorporated herein by reference. 2. The Petition For Annexation, the subject of which is the property described in Exhibit A, is in substantial compliance with C.R.S. § 31-12-107(1). 3. The Board of Trustees will hold a public hearing for the purpose of determining if the area proposed to be annexed complies with C.R.S. § 31-12-104,and C.R.S.§ 31-12-105 and is considered eligible for annexation. The public hearing will be conducted at the Lochbuie Town Hall, 0152 Poplar Street,Lochbuie, Colorado 80601, at the following time and date: Tuesday, August 1, 2000, at 7:00 p.m. 4. Any person may appear at such hearing and present evidence relative to the proposed annexation. 5. Upon completion of the hearing, the Board of Trustees shall set forth by. resolution its findings and conclusions with reference to the eligibility of the property described in Exhibit A for annexation, and whether the statutory requirements for the proposed annexation have been met. 6. If the Board of Trustees concludes, by Resolution,that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Lochbuie. 7. The decision of the Board of Trustees to annex the subject property will be entirely within the discretion of the Board of Trustees. The adoption of this Resolution does not commit Lochbuie to annex the property described in Exhibit A, but rather, initiates the procedure that will provide the basis for evaluation of the proposed annexation. 8. The decision of the Board of Trustees to annex the subject property shall be subject to the preparation, execution and delivery to the Town of an annexation agreement containing such terms and conditions as are required by the Town in its sole and absolute discretion. READ, MOVED, SECONDED AND APPROVED this 26`h day of June, 2000. TOWN OFLOCHBUIE David Forbes Mayor Pro Tem -"Y� ..aeio Tosv lerk EXHIBIT A ANNEXATION #1 LEGAL DESCRIPTION FOR PARCEL A(MICHAEL TORREY OWNERSHIP) A PARCEL OF LAND LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 35, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER TO BE N89°59'56"W (ASSUMED) WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF SECTION 35; THENCE NOO°16'20"E ALONG THE EAST LINE OF SAID SOUTHEAST ONE: QUARTER, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD#2 (ALSO KNOWN AS BASELINE ROAD), SAID POINT BEING THE POINT OF BEGINNING; THENCE N89°59'56"W ALONG SAID NORTHERLY RIGHT-OF-WAY,A DISTANCE OF 1782.44 FEET; THENCE N01°00'41"E, A DISTANCE OF 1199.66 FEET; THENCE S89°59'06"E, A DISTANCE OF ]766.95 FEET TO THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER; THENCE S00°16'20"W ALONG SAID EAST LINE, A DISTANCE OF 1197.52 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 48.82 ACRES, MORE OR LESS. TOWN OF LOCIIBUIE RESOLUTION NO. 8-2000 Dated: June 26,2000 Annexation of Parcel Intended to Comprise Part of Silver Peaks PUD WHEREAS, a Petition for Annexation of certain property (herein"Petition") has been filed with the Board of Trustees of the Town of Lochbuie; and WHEREAS, the Board of Trustees has reviewed the Petition; and WHEREAS, the Board of Trustees wishes to permit the consideration of the subject property for annexation; and WHEREAS, the Board of Trustees has reviewed the Petition and desires to adopt by Resolution its findings with regard to the Petition. NOW, THEREFORE, be it resolved by the Board of Trustees of the Town.of Lochbuie, Colorado as follows: 1. The legal description of the property sought to be annexed to the Town of Lochbuie is attached hereto as Exhibit A and incorporated herein by reference. 2. The Petition For Annexation, the subject of which is the property described in Exhibit A, is in substantial compliance with C.R.S. § 31-12-107(1). 3. The Board of Trustees will hold a public hearing for the purpose of determining if the area proposed to be annexed complies with C.R.S. § 31-12-104, and C.R.S § 31-12-105 and is considered eligible for annexation. The public hearing will be conducted at the Lochbuie Town Hall, 0152 Poplar Street, Lochbuie, Colorado 80601, at the following time and date: Tuesday, August 1, 2000, at 7:00 p.m. 4. Any person may appear at such hearing and present evidence relative to the proposed annexation. 5. Upon completion of the hearing,the Board of Trustees shall set forth by resolution its findings and conclusions with reference to the eligibility of the property described in Exhibit A for annexation, and whether the statutory requirements for the proposed annexation have been met_ 6. If the Board of Trustees concludes, by Resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Lochbuie. 7. The decision of the Board of Trustees to annex the subject property will be entirely within the discretion of the Board of Trustees. The adoption of this Resolution does not commit Lochbuie to annex the property described in Exhibit A, but rather, initiates the procedure that will provide the basis for evaluation of the proposed annexation. 8. The decision of'the Board of Trustees to annex the subject property shall be subject to the preparation,execution and delivery to the Town of an annexation agreement containing such terms and conditions as are required by the Town in its sole and absolute discretion. READ, MOVED, SECONDED ANI) APPROVED this 26th day of June, 2000. TOWN OF LOCHBUIE David'Forbes = � /� Mayor Pro Tem ) A-- (1,4`4/40 J •_ a3acio :,Town Clerk EXHIBIT A ANNEXATION #2 LEGAL DESCRIPTION FOR PARCEL B (SILVER PEAKS HOLDINGS, LLC) A PARCEL OF LAND LOCATED IN SECTION 35, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 35 AS BEARING N 89°59'56" W (ASSUMED) AS MONUMENTED ON THE EAST END BY A NO. 6 REBAR IN A RANGE BOX WITH A 2-1/2" ALUMINUM CAP STAMPED "PLS 28656" AND ON THE WEST END BY A NO.6 REBAR IN A RANGE BOX WITH A 2-1/2"ALUMINUM CAP STAMPED "PLS NO. 28656", WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTH QUARTER. CORNER OF SAID SECTION :35; THENCE N 00°09'16" E A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD NO. 2 BEING THE POINT OF BEGINNING. THENCE ALONG SAID RIGHT-OF-WAY LINE N 89°51'49" W A DISTANCE OF 2613.43 FEET TO A POINT 30.00 FEET EAST OF THE WEST LINE OF SAID SECTION 35; THENCE ALONG A LINE 30.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID SECTION 35 N 00°03'12" E A DISTANCE OF 26)7.95 FEET TO A POINT ON THE EAST-WEST CENTERLINE OF SAID SECTION 35;THENCE S89°47'41"E ALONG THE SAID EAST-WEST CENTERLINE A DISTANCE OF 5056.90 FEET TO A POINT ON THE WESTERLY LINE OF A PARCEL OF LAND RECORDED IN BOOK 1543, PAGE 525, WELD COUNTY RECORDS ; THENCE ALONG THE WEST LINE OF SAID PARCEL OF RECORD IN BOOK 1543 PAGE 525 AND BEING 210.00 FEET FROM AND PARALLEL TO THE EAST LINE OF SAID SECTION 35 S 00°1620" W A DISTANCE OF 210.00 FEET; THENCE ALONG THE SOUTH LINE OF SAID PARCEL OF RECORD IN BOOK 1543 PAGE 525 S 89°47'41" E A DISTANCE OF 210.00 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 35 FROM WHENCE THE EAST QUARTER CORNER BEARS N 00°16'20" E A DISTANCE OF 210.00 FEET; THENCE ALONG THE EAST LINE OF SAID SECTION 35 S 00°1620" W A DISTANCE OF 1197.87 FEET AT THE NORTHEAST CORNER OF A PARCEL AS RECORDED AT RECEPTION NUMBER 2427150, WELD COUNTY RECORDS; THENCE ALONG THE NORTH LINE. OF SAID PARCEL N 89°56'06" W A DISTANCE OF 1766.95 FEET AT THE NORTHWEST CORNER OF SAID PARCEL; THENCE ALONG THE WEST LINE OF SAID PARCEL S 01°00'41" W A DISTANCE OF 1199.66 FLT TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD NUMBER 2; THENCE ALONG SAID RIGHT-OF-WAY LINE N S9°59'56" W A DISTANCE OF 361.06 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 265.82 ACRES, MORE OR LESS. TOWN OF LOCHBUIE RESOLUTION NO. 9-2000 Dated: June 26, 2000 Annexation of Parcel Intended to Comprise Part of Silver Peaks PUD WHEREAS, a Petition for Annexation of certain property (herein"Petition")has been filed with the Board of Trustees of the Town of Lochbuie; and WHEREAS, the Board of Trustees has reviewed the Petition; and WHEREAS, the Board of Trustees wishes to permit the consideration of the subject property for annexation; and WHEREAS, the Board of Trustees has reviewed the Petition and desires to adopt by Resolution its findings with regard to the Petition. NOW, THEREFORE, be it resolved by the Board of Trustees of the Town of Lochbuie, Colorado as follows: 1. The legal description of the property sought to be annexed to the Town of Lochbuie is attached hereto as Exhibit A and incorporated herein by reference. 2. The Petition For Annexation, the subject of which is the property described in Exhibit A, is in substantial compliance with C.R.S. § 31-12-107(1). 3. The Board of Trustees will hold a public hearing for the purpose of detennining if the area proposed to be annexed complies with C.R.S. § 31-12-104, and C.R.S.§ 31-12-105 and is considered eligible for annexation. The public hearing will be conducted at the Lochbuie Town Hall, 0152 Poplar Street, Lochbuie, Colorado 80601, at the following time and date: Tuesday, August 1, 2000, at 7:00 p.m: 4. Any person may appear at such hearing and present evidence relative to Me proposed annexation. 5. Upon completion of the hearing, the Board of Trustees shall set forth by resolution its findings and conclusions with reference to the eligibility of the property described in Exhibit A for annexation, and whether the statutory requirements for the proposed annexation have been met. 6. If the Board of Trustees concludes, by Resolution, that all statutory requirements have been 'net and that the proposed annexation is proper under the law; of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Lochbuie. 7. The decision of the Board of Trustees to annex the subject property will be entirely within the discretion of the Board of Trustees. The adoption of this Resolution does not commit Lochbuie to annex the property described in Exhibit A, but rather, initiates the procedure that will provide the basis for evaluation of the proposed annexation. 8. The decision of the Board of Trustees to annex the subject property shall be subject to the preparation, execution and delivery to the Town of an annexation agreement containing such terms and conditions as are required by the Town in its sole and absolute discretion. READ, MOVED, SECONDED AND APPROVED this 26th day of June, 2000. TOWN OFgLOCHBUIE . David Forbes Mayor Pro Tern T • //1oL • T 'Clerk EXHIBIT A ANNF.ICAMTV w LEGAL DESCRIPTION FOR PARCEL C (SILVER PEAKS HOLDINGS, LLC) A PARCEL LOCATED IN SECTION 35, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 35 AS BEARING N 89°59'56" W (ASSUMED) AS MONUMENTED ON THE EAST END BY A NO. 6 REBAR IN A RANGE BOX WITH A 2-1/2" ALUMINUM CAP STAMPED "PLS 28656" AND ON THE WEST END BY A NO.6 REBAR IN A RANGE BOX WITH A 2-1/2" ALUMINUM CAP STAMPED "PLS NO. 28656", WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 35 ; THENCE S89°47'41"E ALONG EAST-WEST CENTERLINE OF SAID SECTION 35 A DISTANCE OF 30.00 FEET, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG A LINE 30.00 FEET EAST OF AND PARALLEL WITH SAID WEST LINE OF NORTHWEST ONE-QUARTER OF SECTION 35 N 00°03'02" E A DISTANCE OF 2437.60 FEET TO A POINT ON THE SOUTHERLY LINE OF THE PARCEL DESCRIBED IN BOOK 1543 PAGE 523, WELD COUNTY RECORDS; THENCE ALONG THE SOUTH LINE OF SAID PARCEL RECORDED IN BOOK 1543, PAGE 523 AND.BEING 210.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 35 S 89°42'37" 1;A DISTANCE OF 2622.52 FEET FROM WHENCE THE NORTH QUARTER CORNER BEARS N 00°09'14" W A DISTANCE OF 210.00 FEET; THENCE CONTINUING ALONG THE SOUTH LINE OF THE SAID PARCEL RECORDED IN BOOK 1543 PAGE 523 AND BEING 210.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 35 S 89°43'01" E A DISTANCE OF 2442.91 FEET TO A POINT ON THE WEST LINE OF THE PARCEL RECORDED IN BOOK 1543 PAGE 525 ; THENCE ALONG THE WEST LINE OF SAID PARCEL RECORDED IN BOOK 1543, PAGE 525, WELD COUNTY RECORDS AND BEING 210.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID SECTION 35; S 00°15'04" W A DISTANCE OF 2430.39 FEET ON THE EAST-WEST CENTERLINE OE SAID SECTION 35; THENCE N89°47'41"W ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 35 A DISTANCE OF 5056.90 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 282.79 ACRES; MORE OR LESS. PETITION FOR ANNEXATION (PROPERTY KNOWN AS SILVER PEAKS ANNEXATION #1) TO: THE BOARD OF TRUSTEES OF THE TOWN OF LOCHBUIE, COLORADO The undersigned landowner ("Petitioner"), being the owner of more than fifty percent (50%) of the area, excluding public streets and alleys, and in accordance with the provisions of Chapter 306, Colorado Session Laws, 1965, and known as the Municipal Annexation Act of 1965, as amended, hereby petitions the Board of Trustees of the Town of Lochbuie for annexation to the Town of Lochbuie the following described unincorporated territory situate and being in the County of Weld and State of Colorado, to-wit: See attached Exhibit A. Your Petitioner would further state to the Board of Trustees of Lochbuie, Colorado, as follows: 1. That it is desirable and necessary that such territory be annexed to the Town of Lochbuie, Colorado. 2. That the territory sought to be annexed to the Town of Lochbuie meets the requirements of Sections 31-12-104 and 105 as amended, of the Municipal Annexation Act of 1965, in that: a. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the existing boundaries of the Town of Lochbuie, Colorado; and the contiguity is not established by use of any boundary of an area which was previously annexed to the annexing municipality, that was not contiguous at any point with the boundary of the Town of Lochbuie and was not located more than three (3) miles.from the nearest boundary of the Town of Lochbuie, further contiguity is not established by use of any territory which is subsequently annexed directly to, or which is indirectly connected through subsequent annexations to, such an area. b. A community of interest exists between the territory proposed to be annexed and the Town of Lochbuie, Colorado. c. That the territory proposed to be annexed is urban or will be urbanized in the near future and that the territory to be annexed is integrated or is capable of being integrated with the Town of Lochbuie, Colorado. d. That no land in the territory sought to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate, or two or more contiguous tracts or parcels of real estate shall be t 66/2000 divided into separate parts or parcels without the written consent of the landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way. To the extent that any such tracts or parcels are divided into separate parts or parcels by this Petition, Petitioner hereby consents to such division. e. That no land in the territory sought to be annexed, which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty (20) or more acres (which, together with the buildings and improvements situated thereon has a valuation for assessment in excess of $200,000.00 for ad valorem purposes for the year next preceding the annexation) shall be included in the area to be annexed without the written consent of the landowners, unless such tract of land is situated entirely within the outer boundaries of the annexing municipality as they exist at the time of annexation. f. 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. g. The annexation of the territory proposed to be annexed shall not result in the detachment of area from any school district. h. The annexation of the territory proposed to be annexed will not require extending the municipal boundary more than three (3) miles in any direction from any point of such municipal boundary in one year. i. In establishing the boundaries of the area proposed to be annexed if a portion of a platted street or alley is annexed,the entire width of said street or alley shall be included within the area annexed. 3. The Petitioner comprises the landowners of more than fifty percent (50%) of the territory included in the area proposed to be annexed, exclusive of streets and alleys, and comprise more than fifty percent (50%) of the landowners in the area proposed to be annexed as shown on Exhibit A. 4. That submitted herewith are four (4) prints of the annexation map, containing a written legal description of the boundaries of the area proposed to be annexed, together with the location of each ownership within said area and the contiguous boundaries of the existing city limits and the dimensions thereof 5. In the event that an Annexation Agreement satisfactory to the Petitioner and the Town of Lochbuie, Colorado is not agreed to on or before the date of the adoption 2 6/6.zoo of the ordinance to effectuate the annexation contemplated in this Petition; or if annexation of the Property is not in the best interests of the Petitioner, the Petitioner shall have the right to withdraw this Petition as to the area set forth in Exhibit A owned by such Petitioner. In the event of such withdrawal, then this Petition shall be deemed to be null and void as of the date of this Petition and of no force and effect as if it had never been executed and never been filed with the Town of Lochbuie 6. Within ninety (90) days of the effective date of the Annexation Ordinance or concurrently with annexation of the Property, Petitioner will request that zoning be granted by the Town of Lochbuie. Petitioner anticipates that zoning will be requested concurrently with annexation of the property. 7. That upon the Annexation Ordinance becoming effective, all lands within the area sought to be annexed shall become subject to all ordinances, resolutions, rules and regulations of the Town of Lochbuie, except for general property taxes of the Town of Lochbuie which shall become effective on January 1 of the next succeeding year following passage of the Annexation Ordinance. Therefore, your Petitioner would respectfully request that the Board of Trustees. of the Town of Lochbuie, Colorado, approve the annexation of the area proposed to be annexed. End of Text of Petition for Annexation Signature of Landowners -- See Attached Signature Page 3 6/6.2000 SIGNATURE PAGE MICHAEL TORREY, is the owner of the property identified on Exhibit A to this Petition, and hereby petitions the Town of Lochbuie for annexation of said property on the terms set forth in the Petition. chael T ey Mailing Address of Landowner. 21132 Las Flores Mesa Drive Malibu, CA 65 Date of Signature: ,Ad AFFIDAVIT OF CIRCULATOR The undersigned,being of lawful age,who being first duly sworn upon oath, deposes and says: that he/she circulated the foregoing Petition for Annexation of lands to the Town of Lochbuie, to Michael Torrey and that the foregoing signature thereon was witnessed by your a1ffiant and is the true signature of the person whose name it urports to be. df STATE OF CALIFORNIA ) ) s& COUNTY OF LOS ANGELES ) The foregoing Affidavit of Circulator was subscribed and sworn to before me this day of T,.,c /4 A.D.,2000,by )(nail g(ptcy Witness my hand and official seal. SEAL No blic My commission ires: 7/0/ _ HOWARD R. SPANIER I 4;41") COMM. a 1145618 Fa NOTARY ANGEPUBLICLES � LOS stxtsEs COUNTY ids. ' Lly Comm. Ex .JULY 4, 2001 4 6/6/2000 EXHIBIT A ANNEXATION#1 LEGAL DESCRIPTION FOR PARCEL A (MICHAEL TORREY OWNERSHIP) A PARCEL OF LAND LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 35, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER TO BE N89°59'56"W (ASSUMED) WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF SECTION 35; THENCE NOO°16'20"E ALONG THE EAST LINE OF SAID SOUTHEAST ONE- QUARTER, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD #2 (ALSO KNOWN AS BASELINE: ROAD), SAID POINT BEING THE POINT OF BEGINNING; THENCE N89°59'56"W ALONG SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 1782.44 FEET; THENCE N01°00'41"E, A DISTANCE OF 1199.66 FEET; THENCE S89°59'06"E, A DISTANCE OF 1766.95 FEET TO THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER; THENCE S00°16'20"W ALONG SAID EAST LINE, A DISTANCE OF 1197.52 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 48.82 ACRES, MORE OR LESS. 5 PETITION FOR ANNEXATION (PROPERTY KNOWN AS SILVER PEAKS ANNEXATION #2) TO: THE BOARD OF TRUSTEES OF THE TOWN OF LOCHBUIE, COLORADO The undersigned landowner ("Petitioner"), being the owner of more than fifty percent (50%) of the real property subject to this Petition, excluding public streets and alleys, and in accordance with the provisions of Chapter 306, Colorado Session Laws, 1965, and lcnown as the Municipal Annexation Act of 1965, as amended, hereby petitions the Board of Trustees of the Town of Lochbuie for annexation to the Town of Lochbuie the unincorporated territory situate and being in the County of Weld and State of Colorado, more specifically described in Exhibit A, attached hereto and by this reference made a part hereof Your Petitioner would further state to the Board of Trustees of Lochbuie, Colorado, as follows: 1. That it is desirable and necessary that such territory be annexed to the Town of Lochbuie, Colorado. 2. That the territory sought to be annexed to the Town of Lochbuie meets the requirements of Sections 31-12-104 and 105 as amended, of the Municipal Annexation Act of 1965, in that: a, Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the existing boundaries of the Town of Lochbuie, Colorado; and the contiguity is not established by use of any boundary of an area which was previously annexed to the annexing municipality, that was not contiguous at any point with the boundary of the Town of Lochbuie and was not located more than three (3) miles from the nearest boundary of the Town of Lochbuie, further contiguity is not established by use of any territory which is subsequently annexed directly to, or which is indirectly connected through subsequent annexations to, such an area. b. A community of interest exists between the territory proposed to be annexed and the Town of Lochbuie, Colorado. c. That the territory proposed to be annexed is urban or will be urbanized in the near future and that the territory to be annexed is integrated or is capable of being integrated with the Town of Lochbuie, Colorado. d. That no land in the territory sought to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real 1 6/9/2000 estate, or two or more contiguous tracts or parcels of real estate shall be divided into separate parts or parcels without the written consent of the landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way. To the extent that any such tracts or parcels are divided into separate parts or parcels by this Petition, Petitioner hereby consents to such division. e. That no land in the area proposed to be annexed, which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty (20) or more acres (which, together with the buildings and improvements situated thereon has a valuation for assessment in excess of $200,000.00 for ad valorem purposes for the year next preceding the annexation) shall be included in the area to be annexed without the written consent of the landowners, unless such tract of land is situated entirely within the outer boundaries of the annexing municipality as they exist at the time of annexation. f 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. g. The annexation of the area proposed to be annexed shall not result in the detachment of area from any school district. h. The annexation of the area proposed to be annexed will not require extending the municipal boundary more than three (3) miles in any direction from any point of such municipal boundary in one year. i. In establishing the boundaries of the area proposed to be annexed if a portion of a platted street or alley is annexed, the entire width of said street or alley shall be included within the area annexed. 3. The Petitioner comprises the landowners of more than fifty percent (50%) of the territory included in the area proposed to be annexed, exclusive of streets and alleys, and comprise more than fifty percent (50%) of the landowners in the area proposed to be annexed as shown on Exhibit A. 4. That submitted herewith are four (4) prints of the annexation map, containing a written legal description of the boundaries of the area proposed to be annexed, together with the location of each ownership within said area and the contiguous boundaries of the existing city limits and the dimensions thereof. 5. In the event that an Annexation Agreement satisfactory to the Petitioner and the 2 6/9/2000 Town of Lochbuie, Colorado is not agreed to on or before the date of the adoption of the ordinance to effectuate the annexation contemplated in this Petition; or if annexation of the Property is not in the best interests of the Petitioner, the Petitioner shall have the right to withdraw this Petition. In the event of such withdrawal, then this Petition shall be deemed to be null and void as of the date of this Petition and of no force and effect as if it had never been executed and never been filed with the Town of Lochbuie 6. Within ninety (90) days of the effective date of the Annexation Ordinance or concurrently with annexation of the Property, Petitioner will request that zoning be granted by the Town of Lochbuie. Petitioner anticipates that zoning will be requested concurrently with annexation of the property. 7. That upon the Annexation Ordinance becoming effective, all lands within the area sought to be annexed shall become subject to all ordinances, resolutions,rules and regulations of the Town of Lochbuie as of the effective date of said ordinance, except for general property taxes of the Town of Lochbuie which shall become effective on January 1 of the next succeeding year following passage of the Annexation Ordinance. Therefore, your Petitioner would respectfully request that the Board of Trustees of the Town of Lochbuie, Colorado, approve the annexation of the area proposed to be annexed. End of Text of Petition for Annexation Signature of Landowners -- See Attached Signature Page 3 6/9/2000 SIGNATURE PAGE SILVER PEAKS HOLDINGS LLC (also known as Silver Peak Holdings, LLC), a Colorado limited liability company, is the owner of the property identified on Exhibit A to this Petition, and hereby petitions the Town of Lochbuie for annexation of said property on the terms set forth in the Petition. SILVER PEAKS HOLDINGS LLC, a/k/a Silver Peak C, a Colorado limited •t ity company Mariano C. DeCola, Manager Mailing Address of Landowner: 79 Washington Street, Unit 1401, Denver, CO 80203 Date of Signature: !V r /21 toy AFF VIT OF CIRCULATOR The undersigned,`being ofakwful age, who being first duly sworn upon oath, deposes and says: that he/she circulated the foregoing Petition for Annexation of lands to the Town of Lochbuie,to Mariano C'DeCola, as Manager of Silver Peaks Holdings LLC • (a/k/a Silver Peak Holdings, LLC), a`Colorado limited liability company, and that the foregoing signature thereon was witnessed by your affiant and is the true signature of the person whose name it purports to be. 71.riceiart STATE OF Illinois ) ss. COUNTY OF Cook ) he fo egoing Affidavit of Circulator was subscribed and sworn to before me this /I day : , A.D., 2000, by Peter . -Pietr• Witness my hand and official seal. SEAL N'.tary Public y commission expires: ///S— D1 OFFICIAL SEAL l GLORIA INDELICATO NOTARY PUBLIC,STATE Of ILLINOIS MY COMMISSION EXPIRES:09/151O1 4 6/9/2000 EXHIBIT A ANNEXATION #2 LEGAL DESCRIPTION FOR PARCEL B (SILVER PEAKS HOLDINGS, LLC) A PARCEL OF LAND LOCATED IN SECTION 35, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 35 AS BEARING N 89°59'56" W (ASSUMED) AS MONUMENTED ON THE EAST END BY A NO. 6 REBAR IN A RANGE BOX WITH A 2-1/2" ALUMINUM CAP STAMPED "PLS 28656" AND ON THE WEST END BY A NO.6 REBAR IN A RANGE BOX WITH A 2-1/2" ALUMINUM CAP STAMPED "PLS NO. 28656", WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 35; THENCE N 00°09'16" E A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD NO. 2 BEING THE POINT OF BEGINNING; THENCE ALONG SAID RIGHT-OF-WAY LINE N 89°51'49" W A DISTANCE OF 2613.43 FEET TO A POINT 30.00 FEET EAST OF THE WEST LINE OF SAID SECTION 35; THENCE ALONG A LINE 30.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID SECTION 35 N 00°03'12" E A DISTANCE OF 2617.95 FEET TO A POINT ON THE EAST-WEST CENTERLINE OF SAID SECTION 35;THENCE S89°47'41"E ALONG THE SAID EAST-WEST CENTERLINE A DISTANCE OF 5056.90 FEET TO A POINT ON THE WESTERLY LINE OF A PARCEL OF LAND RECORDED IN BOOK 1543, PAGE 525, WELD COUNTY RECORDS ; THENCE ALONG THE WEST LINE OF SAID PARCEL OF RECORD IN BOOK 1543 PAGE 525 AND BEING 210.00 FEET FROM AND PARALLEL TO THE EAST LINE OF SAID SECTION 35 S 00°16'20" W A DISTANCE OF 210.00 FEET; THENCE ALONG THE SOUTH LINE OF SAID PARCEL OF RECORD IN BOOK 1543 PAGE 525 S 89°47'41" E A DISTANCE OF 210.00 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 35 FROM WHENCE THE EAST QUARTER CORNER BEARS N 00°16'20" E A DISTANCE OF 210.00 FEET; THENCE ALONG THE EAST LINE OF SAID SECTION 35 S 00°16'20" W A DISTANCE OF 1197.87 FEET AT THE NORTHEAST CORNER OF A PARCEL AS RECORDED AT RECEPTION NUMBER 2427150, WELD COUNTY RECORDS; THENCE ALONG THE NORTH LINE OF SAID PARCEL N 89°56'06" W A DISTANCE OF 1766.95 FEET AT THE NORTHWEST CORNER OF SAID PARCEL; THENCE ALONG THE WEST LINE OF SAID PARCELS 01°00'41" W A DISTANCE OF 1199.66 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD NUMBER 2; THENCE ALONG SAID RIGHT-OF-WAY LINE N 89°59'56" W A DISTANCE OF 861.06 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 265.82 ACRES, MORE OR LESS. 5 PETITION FOR ANNEXATION (PROPERTY KNOWN AS SILVER PEAKS ANNEXATION #3) TO: THE BOARD OF TRUSTEES OF THE TOWN OF LOCHBUIE, COLORADO The undersigned landowner ("Petitioner"), being the owner of more than fifty percent (50%) of the real property subject to this Petition, excluding public streets and alleys, and in accordance with the provisions of Chapter 306, Colorado Session Laws, 1965, and known as the Municipal Annexation Act of 1965, as amended, hereby petitions the Board of Trustees of the Town of Lochbuie for annexation to the Town of Lochbuie the unincorporated territory situate and being in the County of Weld and State of Colorado, more specifically described in Exhibit A, attached hereto and by this reference made a part hereof. Your Petitioner would further state to the Board of Trustees of Lochbuie, Colorado, as follows: 1. That it is desirable and necessary that such territory be annexed to the Town of Lochbuie, Colorado. 2. That the territory sought to be annexed to the Town of Lochbuie meets the requirements of Sections 31-12-104 and 105 as amended, of the Municipal Annexation Act of 1965, in that: a. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the existing boundaries of the Town of Lochbuie, Colorado; and the contiguity is not established by use of any boundary of an area which was previously annexed to the annexing municipality, that was not contiguous at any point with the boundary of the Town of Lochbuie and was not located more than three (3) miles from the nearest boundary of the Town of Lochbuie, further contiguity is not established by use of any territory which is subsequently annexed directly to, or which is indirectly connected through subsequent annexations to, such an area. b. A community of interest exists between the territory proposed to be annexed and the Town of Lochbuie, Colorado. c. That the territory proposed to be annexed is urban or will be urbanized in the near future and that the territory to be annexed is integrated or is capable of being integrated with the Town of Lochbuie, Colorado. d. That no land in the territory sought to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate, or two or more contiguous tracts or parcels of real estate shall be divided into separate parts or parcels without the written consent of the 1 6/9/2000 landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way. To the extent that any such tracts or parcels are divided into separate parts or parcels by this Petition, Petitioner hereby consents to such division. e. That no land in the area proposed to be annexed, which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty (20) or more acres (which, together with the buildings and improvements situated thereon has a valuation for assessment in excess of $200,000.00 for ad valorem purposes for the year next preceding the annexation) shall be included in the area to be annexed without the written consent of the landowners, unless such tract of land is situated entirely within the outer boundaries of the annexing municipality as they exist at the time of annexation. £ 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. g. The annexation of the area proposed to be annexed shall not resunt in the detachment of area from any school district. h. The annexation of the area proposed to be annexed will not require extending the municipal boundary more than three (3) miles in any direction from any point of such municipal boundary in one year. i. In establishing the boundaries of the area proposed to be annexed if a portion of a platted street or alley is annexed, the entire width of said street or alley shall be included within the area annexed. 3. The Petitioner comprises the landowners of more than fifty percent (50%) of the territory included in the area proposed to be annexed, exclusive of streets and alleys, and comprise more than fifty percent (50%) of the landowners in the area proposed to be annexed as shown on Exhibit A. 4. That submitted herewith are four (4) prints of the annexation map, containing a written legal description of the boundaries of the area proposed to be annexed, together with the location of each ownership within said area and the contiguous boundaries of the existing city limits and the dimensions thereof. 5. In the event that an Annexation Agreement satisfactory to the Petitioner and the Town of Lochbuie, Colorado is not agreed to on or before the date of the adoption of the ordinance to effectuate the annexation contemplated in this Petition; or if annexation of the Property is not in the best interests of the Petitioner, the Petitioner shall have the right to withdraw this Petition. In the event of such 2 6/9/2000 withdrawal, then this Petition shall be deemed to be null and void as of the date of this Petition and of no force and effect as if it had never been executed and never been filed with the Town of Lochbuie 6. Within ninety (90) days of the effective date of the Annexation Ordinance or concurrently with annexation of the Property, Petitioner will request that zoning be granted by the Town of Lochbuie. Petitioner anticipates that zoning will be requested concurrently with annexation of the property. 7. That upon the Annexation Ordinance becoming effective, all lands within the area sought to be annexed shall become subject to all ordinances, resolutions, piles and regulations of the Town of Lochbuie as of the effective date of said ordinance, except for general property taxes of the Town of Lochbuie which shall become effective on January 1 of the next succeeding year following passage of the Annexation Ordinance. Therefore, your Petitioner would respectfully request that the Board of Trustee; of the Town of Lochbuie, Colorado, approve the annexation of the area proposed to be annexed. End of Text of Petition for Annexation Signature of Landowners -- See Attached Signature Page 3 6/9/2000 SIGNATURE PAGE SILVER PEAKS HOLDINGS LLC (also known as Silver Peak Holdings, LLC), a Colorado limited liability company, is the owner of the property identified on Exhibit A to this Petition, and hereby petitions the Town of Lochbuie for annexation of said property on the terms set forth in the Petition. SILVER PEAKS HOLDINGS LLC, a/k/a Silver Peak Holdings, LLC, a Colorado limited liabili corn any y: ariano C. DeCola, Manager Mailing Address of Landowner: 790 hington Street, Unit 1401, Denver, CO 80203 / Date of Signature: /J C ` 2 The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and says: that he/she circulated the foregoing Petition for Annexation of lands to the Town of Lochbuie;to Mariano CC:DeCola, as Manager of Silver.Peaks Holdings LLC (a/k/a Silver Peak Holdings, LLC), a Colorado limited liability company, and that the foregoing signature thereon was witnessed by your affiant and is the true signature of the person whose name it purports to be. STATE OF > llinois ) ) ss. COUNTY OF Cook ) / e fore:oing Affidavit of Circulator was subscribed and sworn to before me this/,— day of A , A.D., 2000, by Peter LeP' r. Witness my hand and official seal. SEAL Notary Public Q l7 J/ e, v My commission expires: %J OFFICIAL SEAL GLORIA INDELICATO NOTARY PUBLIC,STATE OG ILLINOIS MY COMMISSION EPIRES:0911,/o1 4 610/2000 EXHIBIT A ANNEXATION#3 LEGAL DESCRIPTION FOR PARCEL C (SILVER PEAKS HOLDINGS, LLC A PARCEL LOCATED IN SECTION 35, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 35 AS BEARING N 89°59'56" W (ASSUMED) AS MONUMENTED ON THE EAST END BY A NO. 6 REBAR IN A RANGE BOX WITH A 2-1/2" ALUMINUM CAP STAMPED "PLS 28656" AND ON THE WEST END BY A NO.6 REBAR IN A RANGE BOX WITH A 2-1/2" ALUMINUM CAP STAMPED "PLS NO. 28656", WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 35 ; THENCE S89°47'41"E ALONG EAST-WEST CENTERLINE OF SAID SECTION 35 A DISTANCE OF 30.00 FEET, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG A LINE 30.00 FEET EAST OF AND PARALLEL WITH SAID WEST LINE OF NORTHWEST ONE-QUARTER OF SECTION 35 N 00°03'02" E A DISTANCE OF 2437.60 FEET TO A POINT ON THE SOUTHERLY LINE OF THE PARCEL DESCRIBED IN BOOK 1543 PAGE 523, WELD COUNTY RECORDS; THENCE ALONG THE SOUTH LINE OF SAID PARCEL RECORDED IN BOOK 1543, PAGE 523 AND BEING 210.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 35 S 89°42'37" E A DISTANCE OF 2622.52 FEET FROM WHENCE THE NORTH QUARTER CORNER BEARS N 00°09'14" W A DISTANCE OF 210.00 FEET; THENCE CONTINUING ALONG THE SOUTH LINE OF THE SAID PARCEL RECORDED IN BOOK 1543 PAGE 523 AND BEING 210 00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 35 S 89°43'01" E A DISTANCE OF 2442.91 FEET TO A POINT ON THE WEST LINE OF THE PARCEL RECORDED IN BOOK 1543 PAGE 525 ; THENCE ALONG THE WEST LINE OF SAID PARCEL RECORDED IN BOOK 1543, PAGE 525, WELD COUNTY RECORDS AND BEING 210.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID SECTION 35; S 00°15'04" W A DISTANCE OF 2430.39 FEET ON THE EAST-WEST CENTERLINE OF SAID SECTION 35; THENCE N89°47'41"W ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 35 A DISTANCE OF 5056.90 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 282.79 ACRES, MORE OR LESS. 5 ANNEXATION PLAT TO THE TOWN OF LOCHBUIE A PARCEL OF LAND IN SECTION 35, T 1 N, R 66 W, OF THE 6TH P.M. iiim COUNTY OF WELD, STATE OF COLORADO .. .I ' SUBJECT I 1 PROPERTY I - _.— - — III I I I i VICINITY MAP EISEN11 pr I 1 /le b..��. i it resnner oE 1162 44 rE.r, .6106 X01120 4,A 0151.006 0,'196156 FUT li;I U 000x+s.,r,.o...—__ ..:z.� s wx+or of.,.x»,4 :.a r.,sa.ho.,—, 11 Q ^� GRAPHIC SCALE S +em,,,„ra +. ..o cr a a+o.x l F, ,./)-u,s.',uwn or TME TOM or.Dolour •,mow• �a..� P.p SKIMS ,.urt Imo,„„ 03-606 C,16604.COLOR,. _...seo,.,: TMEo„ora0,106. m' °N'u :+o Ex jIII +s TOTAL PEW. as+w ,13 y MICHAEL�rOO RRRE� :ii iei rt 600460, �\\N \�� v 4 W e�.x _>wo.w0 BErA, CEr«,.C... °r �v Cs'M CENTERLINE g 0 b ., .TM \wc.D coJNY ROAD a2 I •1116.,1116,x>a — o.? \ LIMITS OF CITY CC-BRIGHTON , F T[L: IC MAT 886 RECE�':ON NUMBER 586586. - m .,. a o,r.c IltI 07/16.'85 .o«o.owwc.ww...,._Mz o•'+o.x rux. .o.606,66 Lxiii 5,0,0.955 26656. ix A.n ro TM,:506066.0 m w,.xx..,A60o ssoo.rzs , a u:o. M ` ��`° wD u nw =aoxcT xo I 200020701 I !R SABIPPXWile:i11PR8'".1R` 0.01,AND,Eoo-wE. r....0,vw...e.v....�''''.1"'"'66"A"'.47'' s own SHEET + e m ANNEXATION PLAT TO THE TOWN OF LOCHBUIE IThil A PARCEL OF LAND IN SECTION 35, T 1 N. R 66 W, OF THE 6TH P.M. I I COUNTY OF WELD, STATE OF COLORADO Ii JI {{ I II SUBJECT III PROPERTY _I I i ::: `-1 I II I el l 'II VICINITY MAP 'I II 8i .ay..MA.MOO NOLO..l,n I I rm.°:..". J a.x� 0m u r s9.r._.w,...sr,"°.ws "` I I≤ 8/ it 'i:r., r--- / a,7',,'„, III ? OS TH..SO30041,04040 TIE.0 GAST-.0T CEN1ERUNE A DISTANCE Or 5056 MO Ii8.. e il S _ AK HOLDINGS,© E _ LL., a !I" R GRAPHIC P • " SCALE ,L,-...,.. i I m . � � ,°.ro.,w ra w,-m-...�.. .r_,w.,.,,Rao wwu z. E EAST L.Or S.WC,.35 S 0016.260 re A NOT..6 31000 ITU MOICE A1640 "I �Z� n..w•=m.ca.«..c. s.+o...cF.�o.,..r.c xsm.c«z.ma m mss ° - boo a I II. �I ..°rn.s wow.ll // mo°.nwn TOM w.°w.uI �' »a.d.,.., e.6.6 Os. .W, / \ ....4,.........,,,, I I ✓////f I . I E d� - E f\\\x\�_EA..°uirs Or ME O.w.mw,w rj uu.Due a,u s w ra r<mwws.w�Rw.•w s.n...a,is ewn z�m 3 0 8 /, Ms Macs..,K....Cr Of,0."w Law..c.C0.70 0r.ran.mww0. t ,rr-ia..3,63 0 .. a.,ucss w.aw "."r w°.zc z 0.r w ,/a,0,u PERIMETER z.szzm $ or 06 'N°^� �. �.rm.r*u aR,�w°,°.011.To. cws„„e°.s.aem"°.". I\ mm .,n�^,°.n rs - �L/M! OF TOWN OF LIOCHBU/E SOO.,._a�„r.=.cs 05..z ww B ' /u s"w�n �a..sa S .m0..e. .0s....cr_s - �. I IIII WED COUNT, a nm / r �,• m.m...con,,,,,, " - MUFOA I \ __N- ,= J / tea,.. 0.a. reeln IMP.w."ww,CAr[MCI,En a ., g ---,,,� L r BR,rN r, ,.a.:E / o p 07/16/85 ,�., �"/!E 16,MAP x280, RECEPTION NUMBER 596586,/ ,o."w.m.eu...co.w.°°.,r�s "�""` o.w ° '-1pi4 ,o nes IS er.an 0.0 roe" • 60 w..00 moo...Et.e.No.,..0.00coos.0•.w0.,»zauee " w,"` ,' °Dew wry.'' er 0.u°u.e"s RECErm..e. .ROaE Ci RO. 200020781 A m..m'.....w.®e M..L RE 00,0. ow,. ,.moce ANNEXATION PLAT TO THE TOWN OF LOCHBUIE ti A PARCEL OF LAND IN SECTION 35, T 1 N, R 66 W, OF THE 6TH P.M. COUNTY OF WELD, STATE OF COLORADO - ‘1._)' erEct ,I w c I. 'I s PISPERPt. E f. EC.MI .a.a•,,,.,cop CENTERLINE 5 WELD ECOU COUNTY ROAD 4 7:"."r.".�� arySp E ama t,.....6.,.....2;16,,„ �� f w r /� I . +:1 Fr E.WHITE BOW:apse 523 di „' tIR 5 ,.E .asr ,,a 5 WHEW• sw.. ..�.�.. ' .. '' c%ti i SILVER PEAKS HOLDINGS. LLC I Uo E @ mW I VICINITY MAP o ii, 4I Sr C x' , w .E r - aoa.115.0 SERVICECOWAN, A°°us l5 1'-o :. .atra emna.fa mom a Rvw.E.e.lasm.40 °" E ,I..:n "n� EC14 v a.o.sn..o.N.erne ew`n m L1.17.u."".., V x i 9 h 6 OW m.®o;.a g�w L.a v rE snq mum EAST DO F.cm.s�AsurA..c. < Pi • a MA : tiir.a1,1011.1.1. u°wi�°.w_t�..'.',.r.� f GIP .. o x MU s `"° o a'SIP IL 210 221.101 VON 21.13.23 CONTWED ODATILE TOE. FWD E..Cop ...., amisIDlwID.,LL„E Es,11.-mA.aa COVER v OW SEWN xi:MENGE '••"o w.°."ar�'-..�:om,,van.E v:,.o SE..m.a,uv v MOD IMO OF 110FIROESI 01.0.3.1 OF SECT.M N PARCEL DEW.. EOM.MFR.ALCM A LW M.FE.EAST N WM MU ME 5 .. .a Km6THE301.1111 IME.SAE P.M WW1=MIAOW M.PEA 513 DO WPIO DOW PEET Y ilt/ 147'../< W ITH OF WO PAWL.TO TIE MOW LW OF MN=TOR 35 O II.130 EA it I /7 HESPOa N. "E MNOMH AW TKORWIDOI Cr • LIMITS OF TOLN OF LOCHBUIE OF COLORADO u AaE Ili! I m.'.aa m..ALOE.Emm OF WEI SECT.MST.n ovcanm,uEcmr.sr 6,01711 205 'ta GRAPHIC SCALE DETNE E m5,a , SECAa a.s'as• w ME -as, i1 T , T T Ec,NE.SAID..Rm a.vws min.'o� CO s�`�P°",v 511.wp-'a/• Q§ . t ®•EffiT.e 48T5 OF CC Tow Of LODE. I.\\\\N •.15,•a 4,..:..E m,Cr ww..a 111.1.30.a,a aaa 1A m,C'vuaE'C-,sane 93.1.011 UCMISED WW1 11..355 OF D.STATE a rna0131311Mwa..wT Tab PLAT HEREON vaw E LEAST .1..(TM)v OF rt as ,Cr WOr.LAND o MAT i TPOLIOUS To MOWER CONT WOM TO MEE TOW Or UWE.A.maw' PRESENT 1 13 BE Tea Or Laws."O a T.RES wmE6 v_DA, wnoE , a oT1E.EWEDSIDELY rwasE Aw ORAN.CA.maTam A6 w 0111 10 E Sa.,. 5T.Tf61 L WM.NI-S./MOO II / I TOW EEO.COORG.E CMORAD.CO NEE..CERT.OLE DE u.ME AND W OEM OF OE.COPY . OWN...a RE COLOUR. OWN E CONY OF DEED.IMEN a].AOm.CAME...DE a AD. < O .13 Qt6S2 TD^'wVES rW1B1nE.C0.wwo, 15 'uric pAr ""ME T wD. 9 Yj W TOW aa} NORM 1 11.5 OF BEARINGS. NOR,R¢m O. BY A IDzw1/2 NCH....w.u1PEDER951X1e65.'CRAW RID..E01 A RAWE wa MO CODE OMR n0.1.113.aOaC:.TE . MST ENO WA D-1n.n1 Was.CAP 5TAwla•.L5..56-a A NO 6.Ru.A RARE w.,R. 6Ew+..OF 5.o a a a 6. 56 1•13AT c v DR ..a. DID REaaRD.R OF WELD NO EE .. . :.FD w Cw ms 51.45.Tay Ea1.R(ETEa.,OEM A.a aav,An5 a MOW 1.w _ a INCHE DA,v p A5 RECENT.»D. 200020701 CL5N ANO RECONT. SHEET 1 a .•- ■■ !!' ■II • I ? Silver Peaks Annexation Impact Report Annexation of Property to the Town of Lochbuie. Colorado prepared July 7, 2000 R II 07- /7-ao o SILVER PEAKS ANNEXATION IMPACT REPORT Pursuant to Section 31-12-108.5, C.R.S., the following report has been prepared concerning the proposed annexation of certain real property known as the "Silver Peaks Annexation" to the Town of Lochbuie. The Property is proposed to be annexed in three sequential plats comprising a total of 597.43 acres (Annexation No.l contains approximately 48.82 acres; Annexation No. 2 contains approximately 265.82 acres; and Annexation No. 3 contains approximately 282.79 acres). The Property generally is located in Section 35, Township 1 North, Range 66 West, 6ih P.M, Weld County, Colorado. The Property is located due west of the existing Lochbuie Town limits, directly north of the Adams County-Weld County line along 168`h Avenue (Weld County Road #2). Bromley Park, a planned development in the City of Brighton, is adjacent to the Property south of County Road #2. The City of Brighton also is adjacent to the Property on the west. Himalaya Street will continue as a major north / south street on the western edge of this Property. The Property is adjacent to a Public Service Company of Colorado right-of-way 10 the north, which right of way is adjacent to 176th Avenue, also known as Weld County Road #4 (the Public Service Company right-of-way also extends along a portion of the eastern boundary of the Property). The Property is approximately one mile west of the intersection of Interstate 76 and County Line Road. The Property currently is zoned A- 1 (Agriculture) in Weld County. A change in zoning to Mixed Use Planned Unit Development for Newly Annexed Areas is proposed as a part of this application. The annexation petitions were submitted to the Town of Lochbuie on June 24, 2000. On June 26, 2000, the Board of Trustees approved Resolutions No. 7- 2000, 8-2000 and 9-2000. These Resolutions made the finding that the petitions for annexation were in substantial compliance with C.R.S. §31-12-107(1), and set August 1, 2000, at 7:00 p.m. at the Lochbuie Town Hall as the date, time and place for the public hearing. Advertising and notice, pursuant to statute, has been directed by the Town of Lochbuie. Copies of the annexation petitions, the referenced resolutions, and the published notice of the hearing, previously were mailed to the Board of County Commissioners and the County Attorney, among others, in accordance wish C.R.S. §31-12-108. The following maps have been included as required by Subparagraph (a) of C.R.S. §31- 12-108.5: (I) The annexation maps attached to the annexation petitions (Maps 1, 2 and 3 hereto) reflect that the boundaries of the proposed annexation are contiguous with the Town of Lochbuie. The contiguity established with the Town of Lochbuie is indicated on each Annexation Map with a cross hatch pattern For Annexation No. 1, approximately 20.18% of the perimeter is contiguous with the 1 Town of Lochbuie. For Annexation No. 2, approximately 26.47% of the perimeter is contiguous with the Town of Lochbuie. For Annexation No. 3. approximately 33.73% of the perimeter is contiguous with the Towr of Lochbuie. (II) The present streets and proposed extension of such streets in the vicinity of the proposed annexation: Rights-of-way for county roads and incidental purposes 30 feet wide on either side of section and township lines were established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273 of the records of the Weld County Clerk and Recorder. As shown on the Silver Peaks Land Use Plan (Map #4 hereto), street extensions in the vicinity of the proposed annexation include Himalaya (on the west boundary of the Property) from 168th Avenue (also known as County Line Road or Weld County Road #2) to 176"' Avenue (also known as Weld County Road #4). A crossing of Speer Canal also is anticipated. Street improvements for one- half of the right-of-way for Weld County Road #2 along the southern boundary of the Property are proposed, and street extensions are anticipated from the Property to Weld County Road #2 as shown on Map 4. A street extension from the Property east (south of the east quarter corner of Section 35) to the Town of Lochbuie and the yet undeveloped High Plains subdivision is proposed as shown on Map 4. Street extensions from the Property to 176`" Avenue (Weld County Road #4) across the Public Service Company right-of-way are anticipated to be addressed through a license or other agreement between Public Service Company and the Annexor. An annexation agreement or development agreement between the Town and the Annexor will address the phasing and timing of street improvements. Major trunk water mains, sewer interceptors and outfalls and the proposed extension of such in the vicinity of the proposed annexation: There are no water mains, sewer interceptors or outfalls on-site or adjacent to the property. Sewer service will be provided as set forth below. Other Utility Lines and Ditches and the extension of such in the vicinity of the proposed annexation: • A right of way was granted to the Public Service Company of Colorado in instrument recorded November 3, 1959 in Book 1543 at Page 523. A transmission line within the 210 foot right of way runs roughly east/west on the entire northern boundary of the property and for approximately 2500 feet, over 50% of the eastern boundary of the Property to be annexed. 2 • Speer Canal bisects a portion of the southeast corner of the Property, recorded November 26, 1924 in Book 768 at Page 14, in the vicinity as shown on Map 4. The Proposed Extension of Streets and Utility Lines: As noted above, the proposed extension of streets in the vicinity of the proposed annexation are shown on the Silver Peaks Land Use Plan, Map 4. Utility lines are intended to be located within the street rights-of-way. (III) The existing land use pattern in the area to be annexed is agricultural. The proposed land use pattern in the areas to be annexed is Planned Development as proposed on the Silver Peaks Land Use Plan (Map No. 4 hereto). In addition,pursuant to the requirements of Subparagraphs (b) through (0 of said section 31-12-108.5, the following items have been addressed: (b) A preannexation agreement is not required and has not been prepared. An annexation agreement is anticipated to be part of the final annexation of the property, but has not yet been prepared. A draft of the annexation agreement shall be forwarded to the Weld County Attorney upon completion for the County's review. (c) Municipal services will be extended from the Town of Lochbuie to serve the Property as follows: Water, Wastewater and Stormwater Facilities and Services: It is anticipated that the Annexor will convey a sufficient amount of raw water or water rights to serve the development of the Property to the Town, and that water treatment and water services shall be provided by the Town. It further is anticipated that wastewater treatment and wastewater services will be provided by the Town of Lochbuie. The Annexor will have the obligation to develop and install all on-site and off-site transmission infrastructure facilities necessary to serve the annexed property with water, wastewater and stormwater facilities and services. Transmission extensions for off-site utility services shall be subject to the terms of the annexation agreement and/or development agreement for the Property. These agreements will also document any fees and or rebates as approved by the Town of Lochbuie. It is contemplated that the Town of Lochbuie and the City of Brighton will connect their respective water s)sterns pursuant to an Intergovernmental Agreement. It is anticipated that an intergovernmental agreement also shall be created between Bromley Park Metropolitan District No. 1 and the Town of Lochbuie for sanitary discharge and storm water drainage improvements and infrastructure maintenance. Payment and rebates shall be a subject of those agreements for approval by both parties. Expansion is planned for the existing treatment plant as well as construction of a gravity 1-76 interceptor. A water tank will be located approximately 1/4 m le east of the northwest corner of the Property as shown on the Concept Plan (Map No. 4j. A booster pump will be required to provide fire flows. The Annexor will design and construct storm drainage facilities within the Property; including but not limited to channels, inlets, piping, detention ponds and water quality facilities within the property proposed to be annexed. The Annexor shall convey and manage the 100 year storm events in compliance with standards approved by the Town. It is contemplated that 3 the Bromley Park Metropolitan District No. 1 will assess a Stormwater Development Fee to offset development costs for regional stormwater improvements and maintenance, such fees shall be subject to the terms of the annexation agreement and developers agreement for the Property. Historic flows will be conveyed to the Mile High Lakes via the storm drainage improvements to be constructed by or in cooperation with Bromley Park Metropolitan District No. 1. The flows are used by the FRICO system to irrigate farmlands supported through this irrigation system and will be subject to compliance with a basin wide storm drainage management plan as well as conditions set forth in agreements and approvals with Brighton. Lochbuie, Bromley Park and FRICO. Other Dry Utilities: Telephone service will be available through U.S. West, natural gas service by Public Service Company, electrical service by United Power. There are existing transmission easements through the Property. Service lines are intended to be located within the internal street rights-of-way. Emergency Services: Police protection will be provided by the Town of Lochbuie Police Department. Fire protection will be provided by the Hudson Fire Protection District. The Hudson Fire Protection District has advised that the Property is included in the Hudson Fire Protection District, but if not currently in the district's service area, the Annexor will petition to include the Property in the district's service area. Open Space / Parks / Public Land Dedications: The annexation agreement and development agreement will document the public land dedications and or fees that will he suitable for schools, libraries fire and police substation facilities, and other public facilities. The annexation and development agreements will establish the aggregate dedications of open space and public lands. The proposed Silver Peaks Land Use Plan (Map 4) notes over 75 acres of land (exclusive of roads) that will be committed to dedications for some public use. The street landscaping standards are being developed in coordination with the subdivision plat for the Property. Private park dedications and impact or cash-in-lieu fees will be acknowledged with the subdivision and platting of the Property. Streets: Current access to the Property from the south is via Weld County Road # 2 (168`h Avenue). The Property does not abut 176th Avenue (Weld County Road# 4) on the rorth, therefore in order to attain public access an agreement will be required with Public Service Company, as noted above. The proposed access to the Property upon further subdivision will be via Himalaya. Himalaya is proposed to be realigned on the southern end to improve the circulation and connectivity with Bromley Park to the south. The Annexor shall improve the off-site and on-site streets to urban public standards as will be established in the annexation agreement. (d) The extension of municipal services into the areas will occur through one or more of the following mechanisms: (1) development fees; (2) special improvement district;; (3j developer funds; (4) metropolitan districts; or(5) otherwise by agreement between the Town and owners as appropriate under the circumstances. 4 (e) The Weld County Treasurer's office records reflect that the property also is subject to the following taxing authorities: TAX AREA 0321 TAX DISTRICT LEVY Aims Junior College 6.343 Brighton Fire Protection District 4.795 Central Colorado Water Conservation District 1.144 Weld County School District RE-3 (j), 47.017 Weld County Library District 3.249 Weld County administration 22.038 including Weld County general fund, social services, debt services, capital expenditure, and law enforcement. 84.586 With annexation of the Property to the Town of Lochbuie, one or more of the taxing entities noted above may no longer be appropriate, or service the subject property. (f) The effect of annexation on the Weld County School District RE-3, including the estimated number of students generated and the capital construction required to educate such students is as follows. Using student generation figures and criteria as to appropriate building populations provided by Western Education, consultant to the Weld County School District, it is estimated that at buildout the annexed area will have a student population of approximately 1,255 students. Of the total number of students, an estimated 675 will be elementary (K-5) students, 215 will be middle school students, and 365 will be high school students. The District in coordination with Western Education are reviewing alternatives for the funding of new schools. Land dedication and impact fees will be based on a separate agreement between the District and the Annexor, and may be included in the annexation agreement between the Town of Lochbuie and the Annexor. It is anticipated that a new elementary school will be required. The Silver Peaks Land Use Plan (Map No. 4) proposes the dedication of a 10 acre school r) reel. Development of this school site in connection with the Community Park land will be considered as part of the overall Silver Peaks Mixed Use Planned Unit Development. Date of Preparation: July 7, 2000 5 EXHIBIT MAP l Silver Peaks Annexation Impact Report Annexation of Property to the Town of Lochbuie prepared July 7, 2000 EXHIBIT P1 II ANNEXATION PLAT TO THE TOWN OF LOCHBUIE A PARCEL OF LAND IN SECTION 35, T 1 N, R 66 W, OF THE 6TH P.M. COUNTY OF WELD, STATE OF COLORADO li I! -- — SUBJECT li ''I PROPERTY = II • TM II W I VICINITY MAP [mi,I I I 8,_ II L,: Mz :axw6u,.mL.wxx .K Roo �R.s eLF:7.\ \ .e .�s.�rw�s lit: I iGRAPHIC SCALE �; 0 won..aR i E7//� wane o TOWN o, E �: /W, 2 � — MICHAEL ORRE, w.ee. ��a m,r.cwis�.see w xo ac cas,.vEo.s.euwow. " '"i 3 e..� •c w , F >w.rz ER w ow osr so s�wu TO xe mw.Of Loaauie-,iR7 u $ o g s yu swK. .e,o m,.n..wo n x'";fa,:`, § ww , \\\ \\\ N�� ,, 0.�. � o� e — _INE g CENER \WEB.. COON Tv ROAD q2 / \� LIMITS OS CITY 0,p� BRIGMTON\ <ILE 16 MAP 280. RECEP"ON NUMBER 5,9658E - .,x- ,•;,.-'''"s.«. o..''",..° . 07716/85 Q _ low CLLR. a NOTLY I � I a`Rm„a v�o uxL.z x eese>s.. sL.uvs„.s,ease a,no.a Rw.R.x,xwu eo+ms =Ma<o e .oanc o.erz ao� v�,¢aw wo RLcamLn n•un aROh'.t R0. _ ...','::-,°1"f° o m .s RECFPrw w. 200020701 1 E W"-S a Rw�RECORDER V":"`" OF EXHIBIT MAP 2 Silver Peaks Annexation Impact Report Annexation of Property to the Town of Lochbuie prepared July 7, 2000 EXHIBIT MAP 2 R ANNEXATION PLAT TO THE TOWN OF LOCHBUIE ,_ A PARCEL OF LAND IN SECTION 35, T 1 N, R 66 W, OF THE 6TH P.M. COUNTY OF WELD, STATE OF COLORADO J SUBJECT PROPERTY Al ! I VICINITY MAP zl I ev.�. SM..orv¢xwo,.duq in I8i= .rt..c,cs 440 LOCATED IN SEVICK 15 D.ca.,ao BEALAm yogi ':Lrl r 35 a...u. .. \\\'‘i 26656E.a'AR Km T.A2n.�µowl. .5 RANCE BOX MEN A 1,.E,nKn,EA5,. ON W.N“Es x wESTwsxa , a o a;W tk CONTAINED i IN e aZEZE Irl iloi R SECTION SS Ms, m? 6 S_V=R BEAKS!+DLDINGS, LLC ,,.,.. awitpla-NE EAST OuMITA MO.KIM l ARCEL g GRAPHIC SCALE O 2 m SUU tltltl VO R.. 8 r,e wx.o<EOxwx.. s.3 v,:z ewu..,x.i»n 2,` , O,Li>s I �ie rtnl o cr >„c.-aoOtt V V�f�� 8,,:,,,,,.uwrs or m[ioa�rc cooreu[ ti x>w11TTTHBIC //snxc uwn a ms on mMiGnw: 'm ,•w•• �� II E �nsYE.c m a Lays„£—.�a.w F L'iOCHBUIE srt S.N.PE,nwn vl I'ILVS.«:. .x.Omu xwxO>:till:„win,O.e7 cOxsmeO.:.eo,«oWELJ COUNTY Po ' :°,a,...,0„n v.,d. B / m OARS m�wr.YE /iPtO ocyoNADo a \ � n / ww .. a>„.n >,ww «,7 wax EFFECT, g iii.EVV,-.7 :,GUN�� CA': aJd$p \... !/N _ - ^'TV Qr BR/ariNT.7hmKx /// w.or> OAR _ F FILE 16, MAP r28^, RECEPTION NUMBER 586586, ia..o.mane.caownO. .,c n""` o.o 'M`` .O o 67/16/85 _ w,. a .OYES - ...o. PROJECT HO E i.rim NMI.FOR NS%NAY OAS COVL[Rn e.xO,¢.w.tXU.rt5.xwa ww. x,w a. " O..o Oa m_.>RECEPTION NO 2000207.01- i i EXHIBIT MAP 3 Silver Peaks Annexation Impact Report Annexation of Property to the Town of Lochbuie prepared July 7, 2000 EXHIBIT ANNEXATION PLAT TO TI-IE TOWN OF LOCHBUIE m • A PARCEL OF LAND IN SECTION 35, T 1 N, R 66 W, OF THE 6TH P.M. COUNTY OF WELD, STATE OF COLORADO ` `, ci { RTY —'TO.OTINUMENI CENTERLINE WELD COUNTY ROAD 4\ �W M.u, .nn:..0 ./ w`� � - � i C 3 2 ti \ 1 SILVER PEAKS HOLDINGS, LLC I _ L.• -. q,4' ,-;4 o%Z \ 3 I., VICINITY MAP is v.10 \ ucEE mom.rowmica c nu.TEED moms.uzi A PARCEL LOCA.IN SECT..TOMO.1 NORM.NAME IBS ITE51 Er INE OEM CIESCRISED AS P.a. `ry` \ z § R;w� :M' yr ui Ili s�aise•M. LLOWDER=NE SOON MEC,ME SOUITTEAST STARTER OF SECTION... OST ENNO D o c �ti .� w�WINw�emu. „sn/// . CORIATEITONO AT DC LOT 04-041ARTER COMER Ce.0 SWIM ES;MP. NOV CAI ALI..5T-EST C....Of SAO SECO.LS A CISTICICE OF TOM TT.TEE_ _ __ mn.;m•'MOO.f.oa.,Q M I a MET a m COUNTY Ramos MENU M OF OO 11. DIST MOS.IR A M..Cf MOO FE.MACE OBIONIANIT WM A.SCAM ESC Cr TLC.0 PARCEL RECORDED NI ROCK ISO Pl.512 Me T.IC 110.00 MT SOON Cf g II C}ER.EE COW.Wv S Cr W.MIMI.TO ME MORIN LW OF SW SECT.25 5��wILFDEEI 2192F 00 • LIMITS OF TOWN OF LOCHBUIE °F.su PAM s:s lip , r ms`."io nnoo.rw"ir:I�amna r n iin"�io GRAPHIC SCALE INC.ST UNE CI SAO SECT.sc�cmi SM•A ..EE a IEna FUT w T E MICE NOW..ALONG ME EAST-SEST ii§1 CENTTOILl.CIF SAO SECT.O A CM..IT 105.0 FEET TO P.PONT OF , �� I I R ®-Esm..o LAOS 6 T.max 6 E0.wE I�\\\\\I-DORM 0 3*0 CITY OF MCAT. ,E.mix w we.N TOM POPE.-149KF STEM w EWTTSTATE MAT I AM A Rw.E.LINO S V.TOM PENNE.-MO.. CT 004.,'1VIS 00,Cf I.ARCM TE m�MO MATIL w.o CID...T.00 E _ ... PET..CI,,.ww:.o .w o.,E<,�.wE-am.,v ..ME...ESE w.OARV FHAVE `m"MD M.=NCI',NE PER.TERAL SOLI..Of OF R'R�O..a I`° u 1 no MS YAP IS PREPARED DICLLISMEET FOR AMERATION PIIRPOSES POO IS NOT TO IIE WM wE... I TOM CME.s wTorwc caw.m mi n mm MAT TErs TOW TRUE CURE �r`OF ME ANN...KAP APPROVES ST ME TOW COMM Cf Me TOTIN UF a CI p TOM*III. .u..c BECAME EFFEC w__. _—.IT < 2 ,1 ,E 01,1 T., F'.c o..T CIE.ME`" s .CITE,: E.w I B.S OF REARING. TCRAMMIL I.OVAL-I/2 w:-Ain N.CAP ST.PED STS M ON A NO 66 ROARMUT ON �':"��RANCE RAN INBO;µO.D TME GLOM E»:nRn wn.IC.TE . NEST MO MS PLA1 LS ACCEPTED FON PT ME OFFICE SEr n aoa.w On cars sumE.Trxis cw 01000 e.w+E uw rsson"rts w wxw�asn. -_9.ax TEE "T w,Of oa as TK CLEW_ASS0200TDER OF 19 NO PROJECT NO zaoomTrn if n[E.T�"ro EEcaETu 5HfET m �x OF EXHIBIT MAP 4 Silver Peaks Annexation Impact Report Annexation of Property to the Town of Lochbuie prepared July 7, 2000 EXHIBIT MAP 4 LEGEND ACRES RESIDENTIAL: 322.4 DENSITY UP TO 5.5 DU/AC RESIDENTIAL: 130.3 DENSITY UP TO 10 DU/AC � I . RESIDENTIAL: DENSITY UP TO 20 DU/AC 48.3 RETAIL 24.7 PARKS/COMMUNITY CENTER/SCHOOL/DETENTION 65.6 AREA WATER TOWER 2.9 101 PUBLIC SPACE 7.8 602.0 ' 0.6 ac ry ,4; SPEER � a...,...,F_-,,.. „�.,,i^^ .a.�r�,.��.•..,,+....�..ku � ,u M„mn � `WIn ih gun.,��u `a<A CANAL ''...4yy� LOCHBUIE, Co DESIG' FJ O N C E P T Leo 0...4.440rarr w.wso. ...1......•••••••• ...,cwne m1416,... rmr a m .ua .PAX OW ra• .•..�r..� .. ... . RI'AI F• Y.6fM' 1 Hello