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RESOLUTION
RE: APPROVE QUIT CLAIM DEED FOR CONVEYANCE OF PROPERTY FROM WELD
COUNTY, COLORADO, TO THE GREELEY-WELD COUNTY AIRPORT
AUTHORITY AND AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
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WHEREAS, by prior action of this Board and the City of
Greeley, the Greeley-Weld County Airport Authority was created ry m
July 24, 1978 , pursuant to CRS, Section 41-3-101 , et seq. , and n
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WHEREAS, Weld County, Colorado, and the City of Greeley each z
may continue to have an interest in the airport property located m
generally in Sections 1 , 2 , and 3 , Township 5 North , Range 65 West tj °°
of the 6th P.M. , and
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WHEREAS, the Greeley-Weld County Airport Authority has
presented to the Board, a Quit Claim Deed to convey Weld County' s
interest in the property, simultaneously with the conveyance by r °4°
the City of Greeley, to said Airport Authority, and
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WHEREAS, in order to complete the transfer of County and City
assets to the Airport Authority, the Greeley-Weld County Airport M o
Authority requests that the Board execute the Quit Claim Deed , a o
copy of which is attached hereto and incorporated herein by b
reference. m t„
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NOW, THEREFORE, BE IT RESOLVED that the Board of County p, 0
Commissioners of Weld County, Colorado , does hereby approve the o
conveyance of its interest in the property hereinabove described, n
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by Quit Claim Deed, to the Greeley-Weld County Airport Authority.
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BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is , authorized to sign said Quit Claim Deed or one in
substantially the same form as that presented , conditional upon
execution of the Quit Claim Deed by the City of Greeley.
870346
Page 2
RE: QUIT CLAIM DEED - AIRPORT PROPERTY
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 6th day of May,
A.D. , 1987.
BOARD OF COUNTY COMMISSIONERS
ATTEST: J WELD COUN ADO
Weld Co -ty Clerk and Recorder
and Cle jc (to the Botk Go d a ,rairman
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BY: C.T ., Kirby, P o-Tem
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APPROVED AS TO FORM: Gene R. rantner
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Frank Yamaguchi
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870346
SHADE, DOYLE, KLEIN, OTIS & FREY
ATTORNEYS AT LAW
SUITE 300
RICHARD N.DOYLE GREELEY NATIONAL BANK PLAZA GREELEY TELEPHONE
HENRY C.FREY GREELEY, COLORADO 80631 (303)353-6700
ROGER A.KLEIN
FRED L.011SDENVER METRO TELEPHONE
WWILLIAM E.SHADE r- C 'iY ^'uyrl (303)6597576
B
April 29, 1987 Lair
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APR h
3 0 1987 �r''
Weld County Canmissioners .^dde •�«tea
915 10th Street `9,/S 1;1 _
Greeley, CO 80631 GREEL.EY, coio
Dear Coneijssioners:
Please be advised that the Greeley Weld County Aizpirt Authority voted on
April 21, 1987, to adopt the attached Annexation Agreement and forward the
same to the City of Greeley. The Annexation Agreement calls for the
transfer of title to land and water rights from the City and County to the
Aiipart Authority (Paragraph 1). The transfer is to be accanplished within
30 days.
The original Deed transferring title of the land to the Aiiport has been
signed by Dick Farr on behalf of the Airport Authority and forwarded to the
City for action by the City Council.
Timing is essential. The Annexation Agreement requires that the County
agree to transfer the title to the land within 30 days of April 21, 1987.
Accordingly, you may want to consider passing a Resolution authorizing the
transfer of Aiiport land via the Quit Claim Deed which is attached subject
only to the City of Greeley also signing off on the Quit Claim Deed. Once
the Resolution has been passed, you will be in a position to sign the
original Quit Claim Deed when it is returned fran the City of Greeley
without any delay. Hopefully, all of this can be done in the thirty-day
period.
If you have any questions or observations, please call me.
Sincere
Fred L. Otis
Attorney at Law
FLU:rah
Enclosure
cc: Lee Morrison
Assistant County Attorney
cc: Fred Jaeger
Greeley Weld County AMIL.,ort
cc: Rebecca Safarik
City of Greeley
cc: John DiFalco
City of Greeley
87'346
4/21/87
ANNEXATION PGREEM NT
This Annexation Agreement, hereinafter known as the "Agreement, " is
made this day of , 1987, by and between the CITY OF
GREELEY, COLORADO, a Municipal Corporation, hereinafter called "City," and
the GREELEY-WELD COUNTY AIRPORT AUTHORITY, a Body Corporate and Politic of
the State of Colorado, hereinafter known as "Authority."
Background of Agreement. The following background statements are made
to aid in the understanding and interpretation of this Agreement:
A. Authority was established by the City and Weld County pursuant to
Colorado Revised Statutes, 41-3-101, et seq., hereinafter known as the
"Public Airport Authority Law."
B. Authority, pursuant to the Public Airport Authority Law, has
control over the property shown on "Exhibit A," and the said property is
hereinafter known as the "Airport Ptop_rty."
C. Pursuant to the Public Airport Authority Law, the Authority is
responsible for administering the affairs of the Greeley-Weld County
Airport, together with ptucoling the growth and responding to the needs of
all aspects of general aviation.
D. The City has previously annexed a portion of the Airport Property
and, by this Agreement, Authority will petition for the remainder of the
Airport Property to be annexed.
NOW, THEREFORE, in consideration of the mutual promises of the parties,
it is agreed as follows:
1. Transfer of Certain Properties and Water Rights to Authority.
Certain properties within the Airport Pt.perty are titled in the name of the
City and Weld County. The City agrees to execute the Quit Claim Deed
attached hereto and known as "Exhibit B," transferring all of its title and
ownership in the Airport Property to the Authority and will execute the
necessary documents to transfer all water rights connected with the Airport
Property to the Authority upon request. This Agreement is expressly
contingent upon Weld County also agreeing to transfer title and ownership of
the Airport Property to the Authority by executing Exhibit B and appropriate
water transfers within thirty (30) days of the execution of this Agreement
by the City and Authority. After this Agreement is completed, all Airport
Property and associated water rights shall be owned and titled in the name
of the Authority exclusively.
2. Recognition of Authority as Independent Body. The City hereby
recognizes the Authority to be an independent governing authority for the
Greeley-Weld County Airport responsible for administering the affairs of the
Airport together with ptuRbting the growth and responding to the needs of
870346
all aspects of general aviation pursuant to the Public Airport Authority
Law. The City states that it has no present intention of voting to dissolve
the Authority pursuant to Colorado Revised Statutes, 41-3-104(6) .
3. Financial Aid. Authority, in the past, has depended upon the City
and Weld County to provide revenue for matching funds to obtain Federal
Aviation Administration grants and revenue for development of the Airport
generally. The parties to this Agreement intend for the same relationships
to continue and the City has indicated its cannitment to continue providing
funds in the future. It is the intention of both the City and Authority to
make the Greeley-Weld County Airport successful and the City recognizes the
Airport will need funding to meet its future needs. The City, therefore,
expresses its good faith intent to appropriate such funds consistent with
its obligations to other entities and areas of the City of Greeley. To the
extent possible, the City will appropriate annually at least the gross
amount of Sales, Use and Ad Valorem Taxes collected fran the various sources
at the Greeley-Weld County Airport.
4. Sales, Use and Ad Valorem Taxes. The following provisions
regarding Sales and Use Taxes are agreed between the parties:
(a) The present exemption fran Sales and Use Taxes for agricultural
chemicals and any other agricultural products that are exert from State
Sales Tax together with aviation fuel dispensed by the Authority on the
Airport are exempt from City Sales and Use Taxes.
(b) The City has no present intention of changing its Sales and Use
Taxes in a way that would be detrimental to the Authority or its tenants.
(c) Since the Authority is a tax exempt entity under State Law,
Authority shall not be required to pay any Sales Tax on its purchases nor Ad
Valoran Taxes on its property.
5. Compliance with Building Codes. The City and Authority agree that
existing buildings on the Airport Property which were lawfully in compliance
with Building Codes when built, whether owned by Authority or its tenants,
shall be allowed to continue to exist.
6. Compliance of Existing Buildings with Zoning Code. The City and
Authority agree that existing buildings and uses of property that are in
compliance with Weld Canty Zoning Ordinances at the time of annexation will
be allowed to continue their present function.
7. Water Service on New Development. Upon the annexation of the
Airport Property to the City of Greeley, no water rights shall be trans-
ferred to the City until development occurs. As water service for new
development is provided by the City, Authority will meet the raw water
requirements established in the "Greeley Code of Ordinances."
8. City Water Option Where Water Service Exists. Authority nor any
of its tenants presently on an existing water system shall be required to
convert to the City's water service and may continue with the present
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870346
supplier of water. However, at Authority and/or tenant's option, Authority
and/or tenants presently on a water system may convert to City water in
accordance with a phased initial implementation plan to be provided by the
City. Under such circumstances, there shall be no obligation to pay a plant
investment fee, tap fees or raw water exchange to the City. At any time
after the City has initially offered to allow connection to its service,
normal connection fees will be required.
9. Maintenance of Paved Access Roads. The City agrees to provide
continuous routine road maintenance on Buss and Crosier Avenues as they
presently exist from Colorado State Highway 263 to Authority's main terminal
together with maintenance of the existing terminal parking area. Items
beyond routine maintenance such as street overlay or tanistructioi shall be
requested and considered through the City's Annual Capital Improvements
Plan.
10. Oil and Gas Income. Ulu' the transfer of ownership of Airport
Property pursuant to Paragraph 1 above, all minerals, including oil and gas
revenues, shall be the exclusive property of the Authority. However,
Authority agrees to use any incase from oil and gas drilling for its capital
improvements.
11. Oil and Gas Drilling Ban. In 1985 the City adopted an ordinance
that prohibited drilling on any property within the City of Greeley. The
City hereby expresses its intent to seek a method by which the Airport
Property will be excluded from the drilling ban and/or to modify the
drilling ban in a manner which would permit the interests of the public and
the mineral rights owner to be mutually served.
12. Aviation Fuel Storage. The City acknowledges that the Airport
will be using and storing aviation fuel on the Airport Property, in either
above ground or underground facilities.
13. Zoning of Property Surrounding Airport Property. The City has
reviewed and is in agreement with the "Master Plan" adopted for the Greeley-
Weld Co my Airport. As future annexations occur on property surrounding
the Airport, the City will consider the impact of such development on the
Airport. Such consideration will include restricting residential develop,-
rent on areas immediately surrounding the Airport, the imposition of height
restrictions similar to those adopted in Weld County' s Airport Overlay
District and other controls to assure continuing compatibility of land uses.
14. Conversion to Other Uses. The City hereby agrees not to initiate
any change of Airport Property to other uses. Further, City hereby ex-
presses its good faith intention not to impose any future nighttime curfew
regulations against the Airport operations.
15. City Facilities. Structures required for providing fire protec-
tion, police protection and any other City services shall be constructed
without charge to Authority. Fire, police and other City services shall be
provided to the Authority on the same basis as other areas of the City.
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870346
16. Sewer Service. The City shall not require upon annexation that
the Airport or its tenants be served by City Sewer. Extension of sewer
lines to the Airport shall occur at the Authority's request.
17. Agreement to Annex. Upon signature of both parties to this
Agreement and upon the transfer of title to real estate by Weld County as
set forth in Paragraph 1 above, Authority agrees to sign a petition for
annexation to the City all of the Airport Property which has not been
previously annexed by signing the attached "Petitions for Annexation, "
attached hereto as "Exhibit C" and "Exhibit D."
18. Miscellaneous Provisions.
(a) Neither party shall be bound by any requirement which is not
specifically stated in this Agreement.
(b) This Agreement constitutes the entire Agreement between the
parties; no practice, stipulation, understandings, or memoranda shall be
construed as in any way modifying, altering or amending the terms and
conditions hereof.
(c) The parties agree that any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not apply in
the interpretation of this Agreement.
(d) This Agreement shall be binding upon and for the benefit of the
successors of the parties to this Agreement.
GREELEY-WELD COUNTY AIRPORT AUTHORITY, a Body Corporate and Politic of the
State of Colorado
BY: Date Executed:
Its
THE CITY OF GREELEY, a Municipal Corporation
BY: Date Executed:
Its Mayor
Attest:
Clerk of the City of Greeley
4
870346
STATE OF COLORADO)
)SS.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
, 1987, by , for GREELEY-WELD COUNTY
AIRPORT AUTHORITY, a Body Corporate and Politic of the State of Colorado.
My commission expires:
Notary Public
STATE OF COLORADO)
)SS.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
, 1987, by Robert Markley, Mayor, of THE CITY OF GREELEY, a
Municipal Corporation.
My commission expires:
Notary Public
5
870346
QUIT CLAIM DENT)
THIS DEED is a conveyance fran the corporations and other entities named
belay as GRANTOR to the entity named below as GRANTEE of whatever interest
the GRANTOR may have in the real property described on "Exhibit A."
The GRANTORS hereby sell and quit claim to the GRANTEE the real property
described on Exhibit A with all its appurtenances.
The specific terms of this Deed are:
GRANTORS: GREELEY-WELD COUNTY AIRPORT AUTHORITY, a Body Corporate and
Politic of the State of Colorado, formerly known as Weld County Municipal
Airport Authority, and Weld County Municipal Airport Authority, a Body
Corporate and Politic of the State of Colorado, P. O. Box 727, Greeley, ED
80632; COUNTY OF WELD, a/k/a County of Weld, State of Colorado, 915 10th M N-t
Street, Greeley, CO 80631; and THE CITY OF GREELEY, a Municipal Corporation, N v~,
a/k/a City of Greeley, Colorado, The City of Greeley, Colorado, The City of '' °'
Greeley, Colorado, a Municipal Corporation, Civic Center, Greeley, CO 80631
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GRANTEE: GREELEY-WELD COUNTY AIRPORT AUTHORITY, a Body Corporate and '< 0
Politic of the State of Colorado, P. O. Box 727, Greeley, CO 80632 z o
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DESCRIPTION OF PROPERTY CONVEYED BY THIS DEED: See attached Exhibit A. hi co
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RESERVATIONS-RESTRICTIONS: Reservations, restrictions and covenants of txi
record, if any. cam» o
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SIGNATURES OF GRANTORS: H r
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1. GREELEY-WELD COUNi'Y AIRPORT AUTHORITY, a Body Corporate and Politic of 1_12
the State of Colorado, formerly known as Weld County Municipal Airport [xi
Authority, and Weld County Municipal Airport Authority, a Body Corporate and x r•
Politic of/the Skate of /orado a o
BY: V • 7" ` Date Executed: P fZI L 2 I, tau o
Its CI+k M,1/41 0
2. THE CITY OF GREELEY, a Municipal Corporation, a/k/a City of Greeley,
'Colorado, The City of Greeley, Colorado, The City of Greeley, Colorado, a F
l .. Mupicipa Corporation Z o
Date Executed: t5 ti
MaXpi
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;("Pe
^ ! ' Attest: ITV/1.,(.-)O/K a ) —
1/4. I Clerk of the City of Greeley 000
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3. COUNT F , a k/a County of Weld, State of Colorado
By: Date Executed: May 13 , 1987
Attest: T'* fz
County Cl rck a rder
STATE OF COLORADO)
)SS.
COUNTY OF WELD )
Abe foregoing instrument � acknowledged before me thin,911 day of
/432 1987, by / / IC/r U' , for GREELEY-WELD COUNTY
AIRPORT AUTHORITY, a Body Corporate and Politic of the State of Colorado,
formerly known as Weld County Municipal Airport Authority, and Weld County
Municipal Airport Authority, a Body Corporate and Politic of the State of
Colorado.
11tt commission expires: )()-9j /
)o'4.txOL., A,/ y fiOQ ,�OC
r:y Notary Public
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PURPORTED COPY 8 70346
STATE OF COLORADO)
1SS.
COUNTY of WELD )A711regoing instrument was acknowledged before me this u5 day of
, 1987, by Robert Markley, Mayor, of THE CITY OF GREELEY, a
Munici 1 Corporation, a/k/a City of Greeley, Colorado; The City of Greeley,
Colorado; and The City of Greeley, Colorado, Municipal Mu Corporation.
My carmission expires: *Id* ar Pu
6!li' ]
My Cnmmiss cn ':;:�rcsNov. 1., In b111C
STATE OF COLORADO)
)SS.
COUNTY OF WELD )
Su
The foregoing instrument was acknowledged before me this/lit-IL' day of ThccT
, 1987, by 6()Menu L., WA &Li , ,County Comm. Toner for the'?
COUNTY OF WELD, a/k/a County of Weld, State of Olorado. .
My cacnission expires: 1.y-i� R/ �/�®
Public !
q/5
Mitubir n 6G1031
510346
GREELEY-WELD COUNTY AIRPORT
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN SECTIONS 1 , 2, AND 3, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 3 AND CONSIDERING THE EAST LINE THEREOF
TO BEAR NORTH 01° 34' 53" EAST WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE
THERETO;
THENCE NORTH 01° 34' 53" EAST, 1268.59 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3;
THENCE SOUTH 89° 26' 29" WEST, 658.51 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3;
THENCE NORTH 01° 34' 46" EAST, 62.46 FEET;
THENCE NORTH 88° 50' 40" WEST, 658.07 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SAID SECTION 3;
THENCE NORTH 01° 34' 39" EAST, 1208.40 FEET TO THE NORTHWEST CORNER OF SAID NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER;
THENCE NORTH 89° 36' 11" WEST, 1136.44 FEET ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER
TO A POINT BEING 180.03 FEET EAST FROM THE CENTER OF SAID SECTION 3;
THENCE SOUTH 01° 28' 01" WEST, 346.49 FEET;
THENCE NORTH 88° 31 ' 59" WEST, 180.00 FEET TO A POINT ON THE WEST LINE OF SAID SOUTHEAST
QUARTER;
THENCE NORTH 01° 28' 01" EAST , 65.45 FEET ALONG SAID WEST LINE TO A POINT BEING 227.68
FEET SOUTH FROM THE CENTER OF SAID SECTION 3;
THENCE NORTH 43° 11 ' 00" WEST, 224.50 FEET;
THENCE NORTH 60° 30' 00" WEST, 425.00 FEET;
THENCE NORTH 04° 38' 00" EAST, 54:30 FEET;
THENCE NORTH 60° 48' CO" WEST, 290.00 FEET;
THENCE NORTH 00° 52' 00" EAST, 178.00 FEET;
THENCE NORTH 60° 15' 00" WEST, 87.90 FEET;
THENCE NORTH 87° 12' 00" WEST , 75.00 FEET;
THENCE SOUTH 62° 04' 00" WEST, 47.90 FEET;
THENCE NORTH 87° 39' 00" WEST, 176.90 FEET;
THENCE SOUTH 77° 53' 00" WEST, 119.60 FEET;
THENCE NORTH 75° 06' 00" WEST, 61 .90 FEET;
THENCE NORTH 88° 20' 00" WEST , 641 .22 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 3;
THENCE NORTH 01° 23' 30" EAST, 820.40 FEET ALONG SAID WEST LINE TO THE NORTHWEST CORNER OF
THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 3;
Air L.
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870346
THENCE SOUTH 88° 59' 47" EAST, 4.13 FEET ALONG THE NORTH LINE OF SAID EAST HALF OF "SOUTHWEST QUARTER OF THE NORTh....ST QUARTER;
THENCE NORTH 02° 03' 30" EAST, 1246.53 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 3;
THENCE SOUTH 88° 46' 59" EAST, 3939.37 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 3 . ;
THENCE SOUTH 01° 33' 09" WEST, 895.05 FEET ALONG THE EAST LINE OF SAID WEST HALF OF THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER;
THENCE SOUTH 74° 12' 00" EAST, 2127.63 FEET PARALLEL WITH AND 1000 FEET NORTHEASTERLY
FROM THE CENTER LINE OF EXISTING RUNWAY 9/27;
THENCE NORTH 01° 32' 40" EAST, 10.32 FEET PARALLEL WITH AND 80 FEET EASTERLY FROM THE
EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 2;
THENCE SOUTH 74° 12' 00" EAST, 1300.32 FEET PARALLEL WITH AND 1010 FEET NORTHEASTERLY
FROM THE CENTERLINE OF EXISTING RUNWAY 9/27;
THENCE NORTH 01° 30' 28" EAST, 1788.86 FEET PARALLEL WITH AND 1 ROD (16.5 FEET) EAST
FROM THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 2 TO A POINT ON THE NORTH
LINE OF SAID NORTHEAST QUARTER;
THENCE SOUTH 89° 39' 57" EAST, 1306.43 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF
THE NORTHEAST QUARTER OF SAID SECTION 2;
THENCE SOUTH 01° 28' 16" WEST, 2159.03 FEET ALONG THE EAST LINE OF SAID WEST HALF OF THE
NORTHEAST QUARTER;
THENCE SOUTH 74° 12' 00" EAST, 1755.86 FEET, PARALLEL WITH AND 1000 FEET NORTHEASTERLY
FROM THE CENTERLINE OF EXISTING RUNWAY 9/27;
THENCE SOUTH 15° 48' 00" WEST, 1185.66 FEET;
THENCE NORTH 88° 07' 04" WEST, 82.72 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF 1HE
NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 1 ;
THENCE NORTH 01° 26' 03" EAST, 161 .07 FEET TO A POINT ON THE SOUTH LINE OF COLORADO STATE
HIGHWAY NO. 263;
THENCE SOUTH 61° 00' 00" WEST, 1537.04 FEET ALONG SAID SOUTH LINE TO A POINT ON THE EAST
LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION: 2;
THENCE SOUTH 01° 28' 16" WEST, 676.70 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER;
THENCE NORTH 89° 38' 33" WEST, 2652.30 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF SAID SECTION 2;
THENCE ALONG THE SOUTHERLY BANK OF THE OGILVY DITCH BY THE FOLLOWING SIX (6) COURSES:
NORTH 63° 20' 30" WEST, 165.00 FEET;
NORTH 71° 25' 30" WEST, 285.00 FEET;
NORTH 76° 40' 30" WEST, 352.00 FEET;
SOUTH 83° 39' 30" WEST, 190.00 FEET;
SOUTH 57° 59' 30" WEST, 114.00 FEET
SOUTH 51° 09' 30" WEST, 250.00 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER
OF SAID SECTION 2;
THENCE NORTH 89° 38' 33" WEST, 85.76 FEET 10 THE POINT OF BEGINNING;
2
870346
PETITION FOR ANNEXATION
OGILVY IV ANNEXATION
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GREELEY, COLORADO:
The undersigned , in accordance with Title 31 , Article 12 , Chapters 101
et . seq. , Colorado Revised Statutes , 1973 , as amended , hereby petitions the
City Council of the City of Greeley for annexation to the City of Greeley of
the territory described herein and described and shown on the map designated
"Ogilvy IV Annexation ." Four (4) copies of said map are submitted herewith
and by this reference are incorporated herein . The description of the
territory hereby petitioned for annexation to the City of Greeley is set
forth in "Exhibit A" attached hereto and incorporated herein by reference.
In support of this petition , the Petitioner(s) allege(s) that:
1 . It is desirable and necessary that the above described territory be
annexed to the City of Greeley;
2. Not less than one-sixth ( 1 /6) of the perimeter of the area proposed
to be annexed is contiguous with the City of Greeley;
3. A community of interest exists between the territory proposed to be
annexed and the City of Greeley ;
4. The territory sought to be annexed is urban or will be urbanized in
the near future;
5 . The territory sought to be annexed is integrated or is capable of
being integrated with the City of Greeley;
6. In establishing the boundaries of the territory proposed to be
annexed, no land held in identical ownership , whether consisting of one
tract or parcel of real estate or two or more contiguous tracts or parcels
of real estate , has been divided into separate parts or parcels of real
estate 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;
7. That in establishing the boundaries of the territory proposed to be
annexed no land held in identical ownership , whether consisting of one tract
or parcel of real estate or two or more contiguous tracts or parcels of real
estate comprising twenty (20) acres or more which , together with the
buildings and improvements situated thereon have an assessed valuation in
excess of $200 , 000 for Ad Valorem tax purposes for the year next preceding
the filing of the written petition for annexation , has been included within
the territory proposed to be annexed without the written consent of the
landowner or landowners ;
�`{ x , be Y (z= 870346
8. That the territory proposed to be annexed does not include any area
which is the same or substantially the same area in which an election for an
annexation to the City of Greeley was held within the twelve months
preceding the filing of this petition;
9. That the territory proposed to be annexed does not include any area
included in another annexation proceeding involving a city other than the
City of Greeley;
10 . That the territory proposed to be annexed is not presently a part of
any incorporated city, city and county, or town;
11 . The property owned by each petitioner is described on each separate
signature sheet and , when needed , described more fully in the exhibits
attached hereto and incorporated herein by reference;
12. The signer( s) of this petition comprise more than fifty (50) percent
of the landowners and owning more than fifty (50) percent of the property,
excluding public streets and alleys , and any land owned by the annexing
municipality, and are , in fact , owners of 100% of the property set forth in
"Exhibit A" attached hereto and incorporated herein by reference;
13. Accompanying this petition are the original and four copies of an
annexation map containing the information required by Colorado Revised
Statutes , 1973, 31 -12-107 (d) , and otherwise complying with the requirements
of that section.
14. The petitioner and the City of Greeley have executed an agreement
dated , 1987 , setting forth various commitments and
obligations of the petitioner and the city relating to the annexation of
such property.
WHEREFORE , the undersigned respectfully petition the City Council of
the City of Greeley, to annex the territory described and referred to in
"Exhibit A, " to the City of Greeley in accordance with and pursuant to the
statutes of the State of Colorado.
870346
Landowner' s Names Date of
and Signature Mailing Address Signing
Greeley-Weld County Airport
Authority
The foregoing Signature was subscribed and sworn to before me this
day of , 19_, by
Witness my hand and official seal .
My commission expires:
Notary Public
Land Owned :
Ogilvy IV Annexation--Property as described in Exhibit "A" attached .
870346
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO)
) ss .
COUNTY OF WELD )
, being first duly sworn,
states upon oath that he is the circulator of the petition to which this
Affidavit is attached and knows of his own knowledge that the signature of
each landowner appearing on said petition is the signature of the person
whose name it purports to be .
(Signature of Circulator)
The foregoing Affidavit was subscribed and sworn to before me this
day of , 19_, by
Witness my hand and official seal .
My commission expires :
Notary Public
870346
r PETITION FOR ANNEXATION
OGILVT V ANNEXATION
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GREELEY, COLORADO:
The undersigned , in accordance with Title 31 , Article 12, Chapters 101
et . seq. , Colorado Revised Statutes , 1973 , as amended , hereby petitions the
City Council of the City of Greeley for annexation to the City of Greeley of
the territory described herein and described and shown on the map designated
"Ogilvy V Annexation ." Four (4) copies of said map are submitted herewith
and by this reference are incorporated herein. The description of the
territory hereby petitioned for annexation to the City of Greeley is set
forth in "Exhibit A" attached hereto and incorporated herein by reference.
In support of this petition , the Petitioner(s) allege(s) that:
1 . It is desirable and necessary that the above described territory be
annexed to the City of Greeley;
2. Not less than one-sixth ( 1 /6 ) of the perimeter of the area proposed
to be annexed is contiguous with the City of Greeley;
3. A community of interest exists between the territory proposed to be
annexed and the City of Greeley;
4 . The territory sought to be annexed is urban or will be urbanized in
the near future;
5 . The territory sought to be annexed is integrated or is capable of
being integrated with the City of Greeley ;
6. In establishing the boundaries of the territory proposed to be
annexed , no land held in identical ownership , whether consisting of one
tract or parcel of real estate or two or more contiguous tracts or parcels
of real estate , has been divided into separate parts or parcels of real
estate 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;
7. That in establishing the boundaries of the territory proposed to be
annexed no land held in identical ownership , whether consisting of one tract
or parcel of real estate or two or more contiguous tracts or parcels of real
estate comprising twenty (20) acres or more which , together with the
buildings and improvements situated thereon have an assessed valuation in
excess of $200 , 000 for Ad Valorem tax purposes for the year next preceding
the filing of the written petition for annexation , has been included within
the territory proposed to be annexed without the written consent of the
landowner or landowners ;
tit k, ; 7- D 870346
8. That the territory proposed to be annexed does not include any area
which is the same or substantially the same area in which an election for an
annexation to the City of Greeley was held within the twelve months
preceding the filing of this petition ;
9. That the territory proposed to be annexed does not include any area
included in another annexation proceeding involving a city other than the
City of Greeley;
10. That the territory proposed to be annexed is not presently a part of
any incorporated city, city and county, or town;
11 . The property owned by each petitioner is described on each separate
signature sheet and , when needed , described more fully in the exhibits
attached hereto and incorporated herein by reference;
12. The signer( s) of this petition comprise more than fifty (50) percent
of the landowners and owning more than fifty (50) percent of the property,
excluding public streets and alleys , and any land owned by the annexing
municipality , and are , in fact , owners of 100% of the property set forth in
"Exhibit A" attached hereto and incorporated herein by reference;
13. Accompanying this petition are the original and four copies of an
annexation map containing the information required by Colorado Revised
Statutes , 1973 , 31-12-107 (d) , and otherwise complying with the requirements
of that section.
14. The petitioner and the City of Greeley have executed an agreement
dated , 1987 , setting forth various commitments and
obligations of the petitioner and the city relating to the annexation of
such property.
WHEREFORE , the undersigned respectfully petition the City Council of
the City of Greeley, to annex the territory described and referred to in
"Exhibit A, " to the City of Greeley in accordance with and pursuant to the
statutes of the State of Colorado.
870346
Landowner' s Names Date of
and Signature Mailing Address Signing
Greeley-Weld County Airport
Authority
The foregoing Signature was subscribed and sworn to before me this
day of , 19_, by
Witness my hand and official seal .
My commission expires:
Notary Public
Land Owned :
Ogilvy V Annexation--Property as described in Exhibit "A" attached .
870346
Landowner' s Names Date of
and Signature Mailing Address Signing
Colorado Department of
Highways
The foregoing Signature was subscribed and sworn to before me this
day of , 19_, by
Witness my hand and official seal .
My commission expires:
Notary Public
Land Owned :
Ogilvy V Annexation--Property as described in Exhibit "A" attached .
870346
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO)
) ss .
COUNTY OF WELD )
, being first duly sworn ,
states upon oath that he is the circulator of the petition to which this
Affidavit is attached and knows of his own knowledge that the signature of
each landowner appearing on said petition is the signature of the person
whose name it purports to be .
(Signature of Circulator)
The foregoing Affidavit was subscribed and sworn to before me this
day of , 19 , by
Witness my hand and official seal .
My commission expires :
Notary Public
870346
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